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BILL LOCKYER Attoll1ey General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

Califo111ia Deparhnent of Justice 300 South Spring Street Suite 1702 Los Angeles Califoll1ia 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attonleys for COlnplainant

BEFORE THE BOARD OF PHARMACY

DEP ARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the First A111ended Accusation Against

SIGLLED CARE PHARMACY 222 East Huntington Drive No 11 MOluovia California 91106 Pha1111acy Pel1nit No PHY 43874

SIGLLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91106 Phal1nacy Pel1nit No PHY 41952

BIGLLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena Califo111ia 91107 Phannacy Pe1111it No PRY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora Califo111ia 91741 Pha1111acist License No RPH 44615

JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Phannacist License No RPH 31022

Respondents

Case No 2048

OAR No 2001030214

STIPULATED SETTLEMENT AND DISCIPLINARY ORDER

hl the interest of a prolnpt and speedy settlelnent of this matter consistent with

the public interest and the responsibility of the Board of Pharmacy of the Department of

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Consulner Affairs (Board) the parties hereby agree to the following Stipulated Settlement

and Disciplinary Order which will be subn1itted to the Board for its approval and adoption as the

final disposition of the Accusation

PARTIES

1 COlnplainant Patricia F Harris is the Executive Officer of the Board of

Phannacy who brought this action solely in her official capacity and is represented in this matter

by Bill Lockyer Atton1ey General of the State of Califon1ia by Gus GOlnez Deputy Atton1ey

General

2 Respondents Skilled Care Phannacy Pasadena Skilled Care Phannacy

Monrovia Shruty Chateljee Pruii and Jesse Felix Martinez (Respondents) are represented in

this n1atter by atton1ey Dennis W Fredrickson Fredrickson Mazeika amp Grant LLP whose

address is 550 West C Street Suite 1410 San Diego CA 92101

3 On or about June 261992 the Board ofPhannacy issued Original

Phannacy Pen11it Nun1ber PHY 37908 to Slunlnit Care Phru-macy Inc to do business as Skilled

Care Phan11acy at 1350 N Altadena Drive Suite 100 Pasadena California 91107 The pelmit of

Skilled Care Phannacy Pasadena (PHY 37908) was in full force and effect until December 18

1997 at which tilne a change of location request was approved under phannacy pennit number

PHY 41952 Original Phannacy Pen11it NUlnber PHY 37908 was canceled on Decelnber 18

1997 and Inay not be renewed

4 On or about Decelnber 18 1997 the Board ofPhannacy issued Original

Phannacy Pennit NUlnber PRY 41952 to Sun1n1it Care Phannacy Inc to do business as Skilled

Care Phannacy at 222 East Huntington Drive No 11 Monrovia Califon1ia 91106 The pennit

of Skilled Care Phru111acy Monrovia (PHY 41952) was in full force and effect until March 14

2001 at which tiIne a change or ownership request was approved under phannacy pennit number

PRY 43874 Original Phannacy Pennit NUlnber PHY 41952 was canceled on March 142001

and Inay not be renewed

5 On or about March 14 2001 the Board ofPhannacy issued Original

Phannacy Pennit Number 43874 to SUIDlnit Care Phannacy Inc to do business as Skilled Care

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Phannacy at 222 East Huntington Drive No 11 Monrovia California 91106 The permit of

Skilled Care Phannacy Monrovia (PHY 43874) is in full force and effect and will expire subject

to renewal on March 12002

6 On or about August 17 1991 the Board ofPhannacy issued Original

Phanl1acist License Nunlber RPH 44615 to Respondent Shruty Chateljee Pmti The license is in

full force and effect and will expire subject to renewal on October 312002

7 On or about July 29 1977 the Board ofPharmacy issued Original

Phannacist License Nlllnber RPH 31022 to Respondent Jesse Felix Martinez The license is in

full force and effect and will expire subject to renewal on June 30 2003

JURISDICTION

8 Accusation No 2048 was filed before the Board ofPhannacy of the

Depmilnent of Conslllner Affairs (Board) and is cunently pending against Respondents

mnong others The Accusation together with all other statutorily required documents was duly

served on Respondents on February 212001 mld each Respondent tiInely filed a Notice of

Defense contesting the Accusation A First Alnended Accusation was filed and duly served upon

Respondents on June 202001 A copy of First Alnended Accusation No 2048 (the

Accusation) is attached as Exhibit A and incorporated herein by reference

ADVISEMENT AND WAIVERS

9 Each Respondent has carefully read and discussed with counsel the nature

of the charges and allegations in the Accusation mld the effects of this stipulation

10 Each Respondent is fully aware of his or her legal rights in this Inatter

including the right to a hearing on the charges and allegations in the Accusation the right to be

represented by counsel at his or her own expense the right to confront and cross-examine the

witnesses against hilnself or herself the right to present evidence and to testify on his or her own

behalf and to the issuance of subpoenas to cOlnpel the attendance of witnesses and the production

of docunlents the right to reconsideration and COllli review of an adverse decision and all other

rights accorded by to the Califonlia Adlninistrative Procedure Act and other applicable laws

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11 Each Respondent voluntarily lmowingly and intelligently waives and

gives up each and every right set forth above

CULP ABILITY

12 Each Respondent understands that the charges and allegations in the

Accusation if proven at hearing constitute cause for ilnposing discipline upon his or her

respective penllit or license

13 Respondents do not adlnit to the factual allegations and contest the

allegations and charges but for purposes of settlelnent only stipulate to the following discipline

The parties agree that this disciplinary action in and of itself will not be

used as the sole basis for fUliher disciplinary action

14 Each Respondent agrees that his or her license is subject to discipline and

agrees to be bound by the Boards inlposition of discipline as set forth in the Order below

RESERVATION

15 The stipulations lnade by each Respondent herein are only for the

purposes of this proceeding or any other proceedings in which the Board of Phannacy or other

professional licensing agency is involved and shall not be adlnissible in any other criminal

adll1inistrative or civil proceedings

CONTINGENCY

16 This stipulation shall be subj ect to the approval of the Board Respondent

understands and agrees that Board of Phanllacys staff and counsel for complainant may

cOll1nlunicate directly with the Board regarding this stipulation and settlelnent without notice to

or participation by Respondents or their counsel If the Board fails to adopt this stipulation as its

Order the stipulation shall be ofno force or effect it shall be inadnlissible in any legal action

between the paliies alld the Board shall not be disqualified from further action in tIus matter by

viliue of its consideration of this stipulation

17 The paliies agree that facsilnile copies of this Stipulated Settlement and

Disciplinary Order including facsinlile signatures thereto shall have the same force and effect as

the original Stipulated Settlelnent and Disciplinary Order and signatures

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18 In consideration of the foregoing achnissions and stipulations the parties

agree that the Board shall without TIlliher notice or fonnal proceeding issue and enter the

following Disciplinary Order

DISCIPLINARY ORDER

IT IS HEREBY ORDERED that the Board will issue a letter of reprimand to be

issued and served against Original Phannacy Pennit NUlnber PHY 43874 issued to SUlnmit Care

Phannacy Inc doing business as Skilled Care Pharmacy

Respondent Skilled Care Phannacy pennit number PRY 43874 ~hall reimburse

the Board ten thousand ($1000000) dollars for its investigative and enforcelnent costs

Respondent Skilled Care Phannacy must nlake payment within thiliy (30) days of the effective

date of the decision IfRespondent Skilled Care Phannacy fails to reilnburse the Board its costs

the Board shall not renew the penllit ofRespondent Skilled Care Pharmacy pursuant to Business

and Professions Code section 1253(g)

IT IS HEREBY FURTHER ORDERED that the Board will issue a letter of

reprinland to be issued and served against Original Phanllacist License Number RPH 31022

issued to Jesse Felix Mmiinez

Respondent Martinez shall reinlburse the Board five thousand ($500000) dollars

for its investigative and enforcelnent costs Respondent Martinez nlust Inake payment within

thiliy (30) days of the effective date of the decision If Respondent Martinez fails to reilnburse

the Board its costs the Board shall not renew the license of Respondent Martinez pursuant to

Business and Professions Code section 1253(g)

IT IS HEREBY FURTHER ORDERED that Original Pharmacist License No

RPH 44615 issued to Respondent Pmii is suspended for a period of ninety (90) days However

the suspension is stayed and Respondent Pmii is placed on probation for one (1) year on the

following tenns and conditions

1 Obey All Laws

Respondent Pacti shall obey all federal and state laws and regulations

substantially related or govenling the practice ofphanllacy

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Consulner Affairs (Board) the parties hereby agree to the following Stipulated Settlement

and Disciplinary Order which will be subn1itted to the Board for its approval and adoption as the

final disposition of the Accusation

PARTIES

1 COlnplainant Patricia F Harris is the Executive Officer of the Board of

Phannacy who brought this action solely in her official capacity and is represented in this matter

by Bill Lockyer Atton1ey General of the State of Califon1ia by Gus GOlnez Deputy Atton1ey

General

2 Respondents Skilled Care Phannacy Pasadena Skilled Care Phannacy

Monrovia Shruty Chateljee Pruii and Jesse Felix Martinez (Respondents) are represented in

this n1atter by atton1ey Dennis W Fredrickson Fredrickson Mazeika amp Grant LLP whose

address is 550 West C Street Suite 1410 San Diego CA 92101

3 On or about June 261992 the Board ofPhannacy issued Original

Phannacy Pen11it Nun1ber PHY 37908 to Slunlnit Care Phru-macy Inc to do business as Skilled

Care Phan11acy at 1350 N Altadena Drive Suite 100 Pasadena California 91107 The pelmit of

Skilled Care Phannacy Pasadena (PHY 37908) was in full force and effect until December 18

1997 at which tilne a change of location request was approved under phannacy pennit number

PHY 41952 Original Phannacy Pen11it NUlnber PHY 37908 was canceled on Decelnber 18

1997 and Inay not be renewed

4 On or about Decelnber 18 1997 the Board ofPhannacy issued Original

Phannacy Pennit NUlnber PRY 41952 to Sun1n1it Care Phannacy Inc to do business as Skilled

Care Phannacy at 222 East Huntington Drive No 11 Monrovia Califon1ia 91106 The pennit

of Skilled Care Phru111acy Monrovia (PHY 41952) was in full force and effect until March 14

2001 at which tiIne a change or ownership request was approved under phannacy pennit number

PRY 43874 Original Phannacy Pennit NUlnber PHY 41952 was canceled on March 142001

and Inay not be renewed

5 On or about March 14 2001 the Board ofPhannacy issued Original

Phannacy Pennit Number 43874 to SUIDlnit Care Phannacy Inc to do business as Skilled Care

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Phannacy at 222 East Huntington Drive No 11 Monrovia California 91106 The permit of

Skilled Care Phannacy Monrovia (PHY 43874) is in full force and effect and will expire subject

to renewal on March 12002

6 On or about August 17 1991 the Board ofPhannacy issued Original

Phanl1acist License Nunlber RPH 44615 to Respondent Shruty Chateljee Pmti The license is in

full force and effect and will expire subject to renewal on October 312002

7 On or about July 29 1977 the Board ofPharmacy issued Original

Phannacist License Nlllnber RPH 31022 to Respondent Jesse Felix Martinez The license is in

full force and effect and will expire subject to renewal on June 30 2003

JURISDICTION

8 Accusation No 2048 was filed before the Board ofPhannacy of the

Depmilnent of Conslllner Affairs (Board) and is cunently pending against Respondents

mnong others The Accusation together with all other statutorily required documents was duly

served on Respondents on February 212001 mld each Respondent tiInely filed a Notice of

Defense contesting the Accusation A First Alnended Accusation was filed and duly served upon

Respondents on June 202001 A copy of First Alnended Accusation No 2048 (the

Accusation) is attached as Exhibit A and incorporated herein by reference

ADVISEMENT AND WAIVERS

9 Each Respondent has carefully read and discussed with counsel the nature

of the charges and allegations in the Accusation mld the effects of this stipulation

10 Each Respondent is fully aware of his or her legal rights in this Inatter

including the right to a hearing on the charges and allegations in the Accusation the right to be

represented by counsel at his or her own expense the right to confront and cross-examine the

witnesses against hilnself or herself the right to present evidence and to testify on his or her own

behalf and to the issuance of subpoenas to cOlnpel the attendance of witnesses and the production

of docunlents the right to reconsideration and COllli review of an adverse decision and all other

rights accorded by to the Califonlia Adlninistrative Procedure Act and other applicable laws

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11 Each Respondent voluntarily lmowingly and intelligently waives and

gives up each and every right set forth above

CULP ABILITY

12 Each Respondent understands that the charges and allegations in the

Accusation if proven at hearing constitute cause for ilnposing discipline upon his or her

respective penllit or license

13 Respondents do not adlnit to the factual allegations and contest the

allegations and charges but for purposes of settlelnent only stipulate to the following discipline

The parties agree that this disciplinary action in and of itself will not be

used as the sole basis for fUliher disciplinary action

14 Each Respondent agrees that his or her license is subject to discipline and

agrees to be bound by the Boards inlposition of discipline as set forth in the Order below

RESERVATION

15 The stipulations lnade by each Respondent herein are only for the

purposes of this proceeding or any other proceedings in which the Board of Phannacy or other

professional licensing agency is involved and shall not be adlnissible in any other criminal

adll1inistrative or civil proceedings

CONTINGENCY

16 This stipulation shall be subj ect to the approval of the Board Respondent

understands and agrees that Board of Phanllacys staff and counsel for complainant may

cOll1nlunicate directly with the Board regarding this stipulation and settlelnent without notice to

or participation by Respondents or their counsel If the Board fails to adopt this stipulation as its

Order the stipulation shall be ofno force or effect it shall be inadnlissible in any legal action

between the paliies alld the Board shall not be disqualified from further action in tIus matter by

viliue of its consideration of this stipulation

17 The paliies agree that facsilnile copies of this Stipulated Settlement and

Disciplinary Order including facsinlile signatures thereto shall have the same force and effect as

the original Stipulated Settlelnent and Disciplinary Order and signatures

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18 In consideration of the foregoing achnissions and stipulations the parties

agree that the Board shall without TIlliher notice or fonnal proceeding issue and enter the

following Disciplinary Order

DISCIPLINARY ORDER

IT IS HEREBY ORDERED that the Board will issue a letter of reprimand to be

issued and served against Original Phannacy Pennit NUlnber PHY 43874 issued to SUlnmit Care

Phannacy Inc doing business as Skilled Care Pharmacy

Respondent Skilled Care Phannacy pennit number PRY 43874 ~hall reimburse

the Board ten thousand ($1000000) dollars for its investigative and enforcelnent costs

Respondent Skilled Care Phannacy must nlake payment within thiliy (30) days of the effective

date of the decision IfRespondent Skilled Care Phannacy fails to reilnburse the Board its costs

the Board shall not renew the penllit ofRespondent Skilled Care Pharmacy pursuant to Business

and Professions Code section 1253(g)

IT IS HEREBY FURTHER ORDERED that the Board will issue a letter of

reprinland to be issued and served against Original Phanllacist License Number RPH 31022

issued to Jesse Felix Mmiinez

Respondent Martinez shall reinlburse the Board five thousand ($500000) dollars

for its investigative and enforcelnent costs Respondent Martinez nlust Inake payment within

thiliy (30) days of the effective date of the decision If Respondent Martinez fails to reilnburse

the Board its costs the Board shall not renew the license of Respondent Martinez pursuant to

Business and Professions Code section 1253(g)

IT IS HEREBY FURTHER ORDERED that Original Pharmacist License No

RPH 44615 issued to Respondent Pmii is suspended for a period of ninety (90) days However

the suspension is stayed and Respondent Pmii is placed on probation for one (1) year on the

following tenns and conditions

1 Obey All Laws

Respondent Pacti shall obey all federal and state laws and regulations

substantially related or govenling the practice ofphanllacy

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Phannacy at 222 East Huntington Drive No 11 Monrovia California 91106 The permit of

Skilled Care Phannacy Monrovia (PHY 43874) is in full force and effect and will expire subject

to renewal on March 12002

6 On or about August 17 1991 the Board ofPhannacy issued Original

Phanl1acist License Nunlber RPH 44615 to Respondent Shruty Chateljee Pmti The license is in

full force and effect and will expire subject to renewal on October 312002

7 On or about July 29 1977 the Board ofPharmacy issued Original

Phannacist License Nlllnber RPH 31022 to Respondent Jesse Felix Martinez The license is in

full force and effect and will expire subject to renewal on June 30 2003

JURISDICTION

8 Accusation No 2048 was filed before the Board ofPhannacy of the

Depmilnent of Conslllner Affairs (Board) and is cunently pending against Respondents

mnong others The Accusation together with all other statutorily required documents was duly

served on Respondents on February 212001 mld each Respondent tiInely filed a Notice of

Defense contesting the Accusation A First Alnended Accusation was filed and duly served upon

Respondents on June 202001 A copy of First Alnended Accusation No 2048 (the

Accusation) is attached as Exhibit A and incorporated herein by reference

ADVISEMENT AND WAIVERS

9 Each Respondent has carefully read and discussed with counsel the nature

of the charges and allegations in the Accusation mld the effects of this stipulation

10 Each Respondent is fully aware of his or her legal rights in this Inatter

including the right to a hearing on the charges and allegations in the Accusation the right to be

represented by counsel at his or her own expense the right to confront and cross-examine the

witnesses against hilnself or herself the right to present evidence and to testify on his or her own

behalf and to the issuance of subpoenas to cOlnpel the attendance of witnesses and the production

of docunlents the right to reconsideration and COllli review of an adverse decision and all other

rights accorded by to the Califonlia Adlninistrative Procedure Act and other applicable laws

3

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2

3

4

5

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8

9

10

11

12

13

14

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16

17

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21

22

23

24

25

26

27

28

11 Each Respondent voluntarily lmowingly and intelligently waives and

gives up each and every right set forth above

CULP ABILITY

12 Each Respondent understands that the charges and allegations in the

Accusation if proven at hearing constitute cause for ilnposing discipline upon his or her

respective penllit or license

13 Respondents do not adlnit to the factual allegations and contest the

allegations and charges but for purposes of settlelnent only stipulate to the following discipline

The parties agree that this disciplinary action in and of itself will not be

used as the sole basis for fUliher disciplinary action

14 Each Respondent agrees that his or her license is subject to discipline and

agrees to be bound by the Boards inlposition of discipline as set forth in the Order below

RESERVATION

15 The stipulations lnade by each Respondent herein are only for the

purposes of this proceeding or any other proceedings in which the Board of Phannacy or other

professional licensing agency is involved and shall not be adlnissible in any other criminal

adll1inistrative or civil proceedings

CONTINGENCY

16 This stipulation shall be subj ect to the approval of the Board Respondent

understands and agrees that Board of Phanllacys staff and counsel for complainant may

cOll1nlunicate directly with the Board regarding this stipulation and settlelnent without notice to

or participation by Respondents or their counsel If the Board fails to adopt this stipulation as its

Order the stipulation shall be ofno force or effect it shall be inadnlissible in any legal action

between the paliies alld the Board shall not be disqualified from further action in tIus matter by

viliue of its consideration of this stipulation

17 The paliies agree that facsilnile copies of this Stipulated Settlement and

Disciplinary Order including facsinlile signatures thereto shall have the same force and effect as

the original Stipulated Settlelnent and Disciplinary Order and signatures

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18 In consideration of the foregoing achnissions and stipulations the parties

agree that the Board shall without TIlliher notice or fonnal proceeding issue and enter the

following Disciplinary Order

DISCIPLINARY ORDER

IT IS HEREBY ORDERED that the Board will issue a letter of reprimand to be

issued and served against Original Phannacy Pennit NUlnber PHY 43874 issued to SUlnmit Care

Phannacy Inc doing business as Skilled Care Pharmacy

Respondent Skilled Care Phannacy pennit number PRY 43874 ~hall reimburse

the Board ten thousand ($1000000) dollars for its investigative and enforcelnent costs

Respondent Skilled Care Phannacy must nlake payment within thiliy (30) days of the effective

date of the decision IfRespondent Skilled Care Phannacy fails to reilnburse the Board its costs

the Board shall not renew the penllit ofRespondent Skilled Care Pharmacy pursuant to Business

and Professions Code section 1253(g)

IT IS HEREBY FURTHER ORDERED that the Board will issue a letter of

reprinland to be issued and served against Original Phanllacist License Number RPH 31022

issued to Jesse Felix Mmiinez

Respondent Martinez shall reinlburse the Board five thousand ($500000) dollars

for its investigative and enforcelnent costs Respondent Martinez nlust Inake payment within

thiliy (30) days of the effective date of the decision If Respondent Martinez fails to reilnburse

the Board its costs the Board shall not renew the license of Respondent Martinez pursuant to

Business and Professions Code section 1253(g)

IT IS HEREBY FURTHER ORDERED that Original Pharmacist License No

RPH 44615 issued to Respondent Pmii is suspended for a period of ninety (90) days However

the suspension is stayed and Respondent Pmii is placed on probation for one (1) year on the

following tenns and conditions

1 Obey All Laws

Respondent Pacti shall obey all federal and state laws and regulations

substantially related or govenling the practice ofphanllacy

5

1

2

3

4

5

6

7

8

9

10

11

12

13

14

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17

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22

23

24

25

26

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28

11 Each Respondent voluntarily lmowingly and intelligently waives and

gives up each and every right set forth above

CULP ABILITY

12 Each Respondent understands that the charges and allegations in the

Accusation if proven at hearing constitute cause for ilnposing discipline upon his or her

respective penllit or license

13 Respondents do not adlnit to the factual allegations and contest the

allegations and charges but for purposes of settlelnent only stipulate to the following discipline

The parties agree that this disciplinary action in and of itself will not be

used as the sole basis for fUliher disciplinary action

14 Each Respondent agrees that his or her license is subject to discipline and

agrees to be bound by the Boards inlposition of discipline as set forth in the Order below

RESERVATION

15 The stipulations lnade by each Respondent herein are only for the

purposes of this proceeding or any other proceedings in which the Board of Phannacy or other

professional licensing agency is involved and shall not be adlnissible in any other criminal

adll1inistrative or civil proceedings

CONTINGENCY

16 This stipulation shall be subj ect to the approval of the Board Respondent

understands and agrees that Board of Phanllacys staff and counsel for complainant may

cOll1nlunicate directly with the Board regarding this stipulation and settlelnent without notice to

or participation by Respondents or their counsel If the Board fails to adopt this stipulation as its

Order the stipulation shall be ofno force or effect it shall be inadnlissible in any legal action

between the paliies alld the Board shall not be disqualified from further action in tIus matter by

viliue of its consideration of this stipulation

17 The paliies agree that facsilnile copies of this Stipulated Settlement and

Disciplinary Order including facsinlile signatures thereto shall have the same force and effect as

the original Stipulated Settlelnent and Disciplinary Order and signatures

4

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18 In consideration of the foregoing achnissions and stipulations the parties

agree that the Board shall without TIlliher notice or fonnal proceeding issue and enter the

following Disciplinary Order

DISCIPLINARY ORDER

IT IS HEREBY ORDERED that the Board will issue a letter of reprimand to be

issued and served against Original Phannacy Pennit NUlnber PHY 43874 issued to SUlnmit Care

Phannacy Inc doing business as Skilled Care Pharmacy

Respondent Skilled Care Phannacy pennit number PRY 43874 ~hall reimburse

the Board ten thousand ($1000000) dollars for its investigative and enforcelnent costs

Respondent Skilled Care Phannacy must nlake payment within thiliy (30) days of the effective

date of the decision IfRespondent Skilled Care Phannacy fails to reilnburse the Board its costs

the Board shall not renew the penllit ofRespondent Skilled Care Pharmacy pursuant to Business

and Professions Code section 1253(g)

IT IS HEREBY FURTHER ORDERED that the Board will issue a letter of

reprinland to be issued and served against Original Phanllacist License Number RPH 31022

issued to Jesse Felix Mmiinez

Respondent Martinez shall reinlburse the Board five thousand ($500000) dollars

for its investigative and enforcelnent costs Respondent Martinez nlust Inake payment within

thiliy (30) days of the effective date of the decision If Respondent Martinez fails to reilnburse

the Board its costs the Board shall not renew the license of Respondent Martinez pursuant to

Business and Professions Code section 1253(g)

IT IS HEREBY FURTHER ORDERED that Original Pharmacist License No

RPH 44615 issued to Respondent Pmii is suspended for a period of ninety (90) days However

the suspension is stayed and Respondent Pmii is placed on probation for one (1) year on the

following tenns and conditions

1 Obey All Laws

Respondent Pacti shall obey all federal and state laws and regulations

substantially related or govenling the practice ofphanllacy

5

1

2

3

4

5

6

7

8

9

10

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12

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18 In consideration of the foregoing achnissions and stipulations the parties

agree that the Board shall without TIlliher notice or fonnal proceeding issue and enter the

following Disciplinary Order

DISCIPLINARY ORDER

IT IS HEREBY ORDERED that the Board will issue a letter of reprimand to be

issued and served against Original Phannacy Pennit NUlnber PHY 43874 issued to SUlnmit Care

Phannacy Inc doing business as Skilled Care Pharmacy

Respondent Skilled Care Phannacy pennit number PRY 43874 ~hall reimburse

the Board ten thousand ($1000000) dollars for its investigative and enforcelnent costs

Respondent Skilled Care Phannacy must nlake payment within thiliy (30) days of the effective

date of the decision IfRespondent Skilled Care Phannacy fails to reilnburse the Board its costs

the Board shall not renew the penllit ofRespondent Skilled Care Pharmacy pursuant to Business

and Professions Code section 1253(g)

IT IS HEREBY FURTHER ORDERED that the Board will issue a letter of

reprinland to be issued and served against Original Phanllacist License Number RPH 31022

issued to Jesse Felix Mmiinez

Respondent Martinez shall reinlburse the Board five thousand ($500000) dollars

for its investigative and enforcelnent costs Respondent Martinez nlust Inake payment within

thiliy (30) days of the effective date of the decision If Respondent Martinez fails to reilnburse

the Board its costs the Board shall not renew the license of Respondent Martinez pursuant to

Business and Professions Code section 1253(g)

IT IS HEREBY FURTHER ORDERED that Original Pharmacist License No

RPH 44615 issued to Respondent Pmii is suspended for a period of ninety (90) days However

the suspension is stayed and Respondent Pmii is placed on probation for one (1) year on the

following tenns and conditions

1 Obey All Laws

Respondent Pacti shall obey all federal and state laws and regulations

substantially related or govenling the practice ofphanllacy

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2 Reporting to the Board

Respondent Parti shall report to the Board or its designee quarterly The

report shall be nlade either in person or in writing as directed If the final probation report is not

nlade as directed probation shall be extended autonlatically until such titne as the final report is

lnade

3 Interview with the Board

Upon receipt of reasonable notice Respondent Parti shall appear in person

for interviews with the Board or its designee upon request at various intervals at a location to be

deternlined by the Board or its designee Failure to appear for a scheduled interview without

prior notification to Board staff shall be considered a violation of probation

4 Cooperation with Board Staff

Respondent Parti shall cooperate with the Boards inspectional progrmn

and in the Boards lnonitoring and investigation ofher cOlnpliance with the tenus and conditions

of her probation Failure to cooperate shall be considered a violation of probation

5 Peer Review

Respondent Parii shall sublnit to peer review as deelned necessary by the

Board

6 Continuing Education

Respondent Parti shall provide evidence of efforts to maintain skill and

l010wledge as a phannacist as directed by the Board

7 Notice to Enlployers

Respondent Pmii shall notify all present and prospective employers of the

decision in case No 2048 and the tenns conditions and restrictions ilnposed on Respondent Parti

by the decision Within thirty (30) days of the effective date of this decision and within fifteen

(15) days ofRespondent Parti undeliaking new enlploYlnent Respondent Parti shall cause her

enlployer to repoli to the Board in writing ac1ol0wledging the elnployer has read the decision in

case No 2048 For purposes of this settlelnent this term is deemed to have been nlet as to

Skilled Care Phanllacy as Skilled Care Pharmacy has already received notice and does hereby

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ac1cl0wledge SaIne

If Respondent Parti works for or is elnployed by or through a pharmacy

elnploynlent service Respondent PaIii n111st notify the phamlacist-in-charge andor owner at

every phanllacy at which she is to be elnployed or used of the fact and tenns of the decision in

case No 2048 in advance of the Respondent Parti cOlTIlnencing work at the phannacy

8 Preceptorships Supervision of IntelTIS Being Pharmacist-in-Charge

Respondent PaIii Inay continue to perfonn the duties of a preceptor

supervise intenl phannacists and act as a phanllacist-in-charge during the period of probation

In the event that the Respondent is the pharmacist-in-charge of a phannacy the pharmacy shall

retain an independent consultant at its expense who shall be responsible for reviewing phannacy

operations on a quarterly basis for conlpliance by Respondent Parti with the obligations of a

phanllacist-in-charge The consultant shall be a phaI1nacist licensed by an not 011 probation to

the Board and whose naIne shall be sublnitted to the Board for its approval within thirty (30)

days of the effective date of this decision

9 Reitnburselnent of Board Costs

Respondent Parti shall pay to the Board its costs of investigation and

prosecution in the aInount of five thousand dollars ($500000) Respondent Parti shallinake

said paynlent no later than thiliy (30) days after the effective date of the decision If Respondent

PaIii fails to pay the costs as specified by the BOaI-d and on or before the date(s) detennined by

the Board the Board shall without affording the Respondent notice and the opportunity to be

heard revoke probation and catTY out the disciplinary order that was stayed

10 Probation Monitoring Costs

Respondent Palii shall pay the costs associated with probation monitoring

as detenllined by the Board each and every year ofprobation Such costs shall be payable to the

Board at the end of each year of probation Failure to pay such costs shall be considered a

violation of probation

11 Status of License

Respondent Parti shall at all tiInes while on probation maintain an active

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ac1cl0wledge SaIne

If Respondent Parti works for or is elnployed by or through a pharmacy

elnploynlent service Respondent PaIii n111st notify the phamlacist-in-charge andor owner at

every phanllacy at which she is to be elnployed or used of the fact and tenns of the decision in

case No 2048 in advance of the Respondent Parti cOlTIlnencing work at the phannacy

8 Preceptorships Supervision of IntelTIS Being Pharmacist-in-Charge

Respondent PaIii Inay continue to perfonn the duties of a preceptor

supervise intenl phannacists and act as a phanllacist-in-charge during the period of probation

In the event that the Respondent is the pharmacist-in-charge of a phannacy the pharmacy shall

retain an independent consultant at its expense who shall be responsible for reviewing phannacy

operations on a quarterly basis for conlpliance by Respondent Parti with the obligations of a

phanllacist-in-charge The consultant shall be a phaI1nacist licensed by an not 011 probation to

the Board and whose naIne shall be sublnitted to the Board for its approval within thirty (30)

days of the effective date of this decision

9 Reitnburselnent of Board Costs

Respondent Parti shall pay to the Board its costs of investigation and

prosecution in the aInount of five thousand dollars ($500000) Respondent Parti shallinake

said paynlent no later than thiliy (30) days after the effective date of the decision If Respondent

PaIii fails to pay the costs as specified by the BOaI-d and on or before the date(s) detennined by

the Board the Board shall without affording the Respondent notice and the opportunity to be

heard revoke probation and catTY out the disciplinary order that was stayed

10 Probation Monitoring Costs

Respondent Palii shall pay the costs associated with probation monitoring

as detenllined by the Board each and every year ofprobation Such costs shall be payable to the

Board at the end of each year of probation Failure to pay such costs shall be considered a

violation of probation

11 Status of License

Respondent Parti shall at all tiInes while on probation maintain an active

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current license with the Board including any period during which suspension or probation is

tolled

If Respondent Pruiis license expires by operation of law or otherwise

upon renewal or reapplication respondents license shall be subject to all telIDS of this probation

not previously satisfied

12 Notification of EluploYluentiMailing Address Change

Within ten (10) days of a change in eluploYluent - either leaving or

cOlTI1uencing eIUploynlent - Respondent Pruii shall so notify the Board in writing including the

address of the new enlployer within ten (10) days of a change of mailing address Respondent

Palii shall notify the Board in writing IfRespondent Pruii works for or is employed through a

phanuacy eluploynlent service Respondent Pruii shall as requested provide to the Board or its

designee with a work schedule indicating dates and location of eIUploYluent

13 Tolling of Probation

If Respondent Parti leaves Califonlia to reside or practice outside this

state Respondent Parti nlust notify the Board in writing of the dates of departure and return

within ten (10) days of depruiure or retunl Periods of residency except such periods where the

Respondent Pru-ti is actively practicing phanllacy within Califonlia or practice outside Califonlia

shall not apply to reduction of the probationary period

Should Respondent Parti regardless of residency for any reason cease

practicing phanuacy in Califonlia Respondent Pruii lUUSt notify the Board in writing within ten

(10) days of cessation of the practice ofphanuacy or resuming the practice ofphanuacy

Cessation ofpractice lueans any period of tiIne exceeding thirty (30) days in which

Respondent Pruii is not engaged in the practice ofphanuacy as defined in section 4052 of the

Business and Professions Code

14 Violation of Probation

IfRespondent Parti violates probation in ru1Y respect the Board after

giving Respondent Parti notice and an opportunity to be heard may revoke probation and carry

out the disciplinary order which was stayed If a petition to revoke probation or an accusation is

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filed against Respondent Pruii during probation the Board shall have continuing jurisdiction and

the period ofprobation shall be extel1ded until the petition to revoke probation is heard and

decided

If Respondent Pruii has not cOlnplied with any tenn or condition of

probation the Board shall have continuing jurisdiction over Respondent Pruii and probation

shall autolnatically be extended until all tenns and conditions have been Inet or the Board has

taken other action as deenled appropriate to treat the failure to cOlnply as a violation of

probation to tenninate probation and to iInpose the penalty which was stayed

15 Conlpletion of Probation

Upon successful cOlnpletion ofprobation Respondent Parti s license will

be fully restored

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10- 7-01 1534 Frcm-FM G SIQ-234-1759 rB39 P 1114 F-9S0

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ACCEPTANCE

1 have carefully rend the above Stipulated Settlement and Disciplinary Order and

have fully discussed the tenns and coaditions and other matters contained therein with my

attorn-ey Dennis W Fredrickson 1 understand the effect this stipulation will have on my

Pltannacy Pennit I enter into this Stipulated Settlement voluntarilY1 knowingly and intelligently

and agree to be bound by the Disciplinary Order and Decision of the Board ofPhannacy

DATED fQtJ~ ~ DCA 43874 Respondent

I have carefully read tbe above Stipulated Settlement and Disciplinary Order and

have fully discussed the terms and conditions and other matters contained therein with my

attorney Dennis W Fredrickson I understand the effect this stipulation will have on my

Pharmacist License I enter into this Stipulated Settlement voluntarily knowingly and

intelligently and agree to be bound by the Disciplinary Order and Decision of the Board of

Pharmacy

DATED ~---f----___~ shy

I have carefully read the above Stipulated Settlement and Disciplinary Order and

have fully discussed the terms and conditions and other matters contained therein with my

attorneY7 Dennis W Fredrickson 1 understand the effect this stipulation will have on my

Pharmacist License I enter into this Stipulared Settlement voluntarily knowingly and

intelligently and agree to be bound by ~he Disciplinary Order and Docision ofrhe Board of

Pharmacy

DATED 10 7 e I

Rc~pandcn(

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I have read and fully discussed with each Respondent the terms and conditions

and other matters contained in the above Stipulated Settlement and Disciplinary Order and

approve its form and content

DATED Iq ~200J

DENNIS W FREDRICKSON Attorney for Respondents

ENDORSEMENT

The foregoing StipUlated Settlement and Disciplinary Order is hereby respectfully

submitted for consideration by the Board of Pharmacy of the Department of Consumer Affairs

DATED 10 (~Lfr 0 I

BILL LOCKYER Attorney General of the State of California

Attorneys for Complainant

11

BEFORE THE BOARD OF PHARMACY

DEP ARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the First Amended Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 MOluovia California 91106 Pha1111acy Penllit No PHY 43874

SIULLEDCAREPHARMACY 222 East Huntington Drive No 11 Monrovia California 91106 Pha1111acy Pennit No PHY 41952

SKILLED CARE pHARMACY 1350 N Altadena Drive Suite 100 Pasadena Califonua 91107 Pha11nacy Pennit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora Califonua 91 741 Phanllacist License No RPH 44615

JESSE FELIX MARTINEZ 29 Sunlight hvine Califonua 92715 Phanl1acist License No RPH 31022

Respondents

Case No 2048

OAH No 2001030214

DECISION AND ORDER

The attached Stipulated Settlenlent and Disciplinary Order is hereby adopted by

the Board of Phanuacy of the Depmiluent of Consumer Affairs as its Decision in the above

entitled Inatter

This Decision shall becolne effective on March 17 2002

It is so ORDERED February 15 2002

BOARD OF PHARMACY DEP ARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNlA

By

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91106 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 43874

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

SCOTT RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

Case No 2048

SECOND AMENDED

ACCUSATION

[RESPONDENT DAVID DONNY CANTERO ONLY]

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JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No 10551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Second Amended

Accusation (as to respondent David Donny Cantero only) solely in her official capacity

as the Executive Officer of the Board of Pharmacy Department of Consumer Affairs

This Second Amended Accusation does not supercede the allegations filed or prayers

sought against the other respondents in the Accusation or First Amended Accusation

filed in case number 2048

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williamsfrom January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-Inshy

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Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521

3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit Number PHY 41952 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovialt)

Respondent Shruty Chaterjee Parti was the Pharmacist-In-Charge from December 18

1997 to March 142001 The license of Respondent Skilled Care Pharmacy Monrovia

was canceled on March 142001

4 On or about March 14 2001 the Board of Pharmacy issued

Original Pharmacy Permit Number 43874 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91106 (Respondent Skilled Care Pharmacy Monrovia 11)2

Respondent Shruty Chaterjee Parti has been the Pharmacist-in-Charge since

March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia II will

1 On or about February 28 1997 Respondent $killed Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California 91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

2 Under an agreement similar to that described in footnote 1 a change of ownership was approved under pharmacy permit number 43874 on or about March 14 2001

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expire on March 1 2002 unless renewed

5 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 312002 unless renewed

6 On or about January 13 1986 the Board of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 312003 unless renewed

7 On or about July 291977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2003 unless renewed

8 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 31 2003 unless

renewed

JURISDICTION

9 This Second Amended Accusation is brought before the Board of

Pharmacy (Board) under the authority of the following sections of the Business and

Professions Code (Code)

1O Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

11 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(I) The conviction of a crime substantially related to the qualifications

functions and duties of a licensee

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(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

12 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

13 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

14A Section 4060 of the Code states that no person sha II possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14B Section 11350(a) of the Health and Safety Code provides that

except as otherwise provided in Division 10 of the Health and Safety Code every

person who possesses (a) any controlled substance specified in subdivision (b) or (c)

or paragraph (1) of subdivision (f) of Section 11054 specified in paragraph (14) (15) or

(20) of subdivision (d) of Section 11054 or specified in subdivision (b) (c) or (g) of

Section 11055 or (2) any controlled substance classi~ed in Schedule III IV orV which

is a narcotic drug unless upon the written prescription of a physician dentist podiatrist

or veterinarian licensed to practice in this state shall be punished by imprisonment in

the state prison

15 Section 4116 of the Code states that no person other than a

pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

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dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

16 Title 16 California Code of Regulations section 1714 in relevant

part states

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

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strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11 056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11 056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11 056(e)(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

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Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled su bstance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20A Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code for unprofessional conduct as defined in section

4301 U) of the Code for a violation of Section 4060 of the Code and Section 11350(a) of

the Health and Safety Code as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Theresa R stated that prior to the

officers arrival she attempted to flee middotfrom Respondent Canteros vehicle but he locked

the electric door locks on the vehicle and did not allow her to exit the vehicle Upon

their arrival officers observed Theresa Rs lip bleeding and swollen Theresa R

advised the officers that Respondent Cantero hit her with the back of his hand across

the mouth with the back of his right hand In the course of the investigation one of the

officers located two bottles of prescription medication in the trunk of Respondent

Canteros vehicle One bottle was sealed and contained 500 tablets of Vicodin and the

other opened bottle contained Tylenol 4 with Codeine The Tylenol 4 with Codeine

bottle was labeled as having 500 tablets in it however only 482 tablets were found

Subsequently Respondent Cantero was arrested Respondent Cantero was employed

at Skilled Care Pharmacy Pasadena at the time of his arrest

20B Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code for unprofessional conduct as defined in section

4301 (I) of the Code as follows

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violating Section 415( 1) of the Penal Code (unlawful fight

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in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

The circumstances of the conviction are substantially related to the

qualifications functions or duties of a registered pharmacy technician as defined by

Section 4115 of the Code and Title 16 California Code of Regulations section 17932

in that it evidences to a substantial degree a present or potential unfitness on the part of

Respondent Cantero to perform the functions authorized by his registration in a manner

consistent with the public health safety or welfare when on or about February 14

1996 in the City of Brea he engaged in a fight in a public place with Theresa R as

described in paragraph 20A above

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more than 41000

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dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

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C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 21 22 23 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

licensed area

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)

PRAYER

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 Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

2 Ordering DAVID DONNY CANTERO to pay the Board of Pharmacy

the reasonable costs of the investigation and enforcement of this case pursuant to

Business and Professions Code Section 1253

3 Taking such other and further action as deemed necessary and

proper

DATED _~I-z~1-3--+_O-1____

oyPA~~Executive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 120301 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

Case No 2048

FIRST AMENDED

ACCUSATION

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JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No 10551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

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number PHY 419521bull

3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit Number PHY 41952 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti was the Pharmacist-In-Charge from December 18

1997 to March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia

was cancelled on March 14 2001

4 On or about March 14 2001 the Board of Pharmacy issued

Original Pharmacy Permit Number 43874 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91106 (Respondent Skilled Care Pharmacy Monrovia 11)2

Respondent Shruty Chaterjee Parti has been the Pharmacist-in-Charge since

March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia II will

expire on March 1 2002 unless renewed

5 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena D~ive Suite 100 Pasadena California 91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

2 Under an agreement similar to that described in footnote 1 a change of ownership was approved under pharmacy permit number 43874 on or about March 142001

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(Respondent Parti) The license will expire on October 312002 unless renewed

6 On or about January 13 1986 the Board of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 312003 unless renewed

7 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

8 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 31 2003 unless

renewed

JURISDICTION

9 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

10 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

11 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

(j) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

12 Section 4081(a) of the Code in pertinent part provides that a

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current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

13 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

14 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

15 Section 4116 of the Code states that no person other than a

pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled SUbstances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

16 Title 16 California Code of Regulations section 17-14 in relevant

part states

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including prOVisions for effective control against theft or

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diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

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[APAP] 500 mg) is a dqngerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled sUbstance schedule III as listed in

Health and Safety Code Section 11 056( e )(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled sUbstance

schedule IV as listed in Health and Safety Code Section 11057 (e)( 1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

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Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested Respondent Cantero was employed at Skilled Care Pharmacy Pasadena

at the time of his arrest

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415(1) of the Penal Code (unlawful

fight in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North Judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area~ The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

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staff supervisionmiddot An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more tha n 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

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A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 212223 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

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licensed area

PRAYER

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 Original Pharmacy Permit No PHY

43874 issued to SKILLED CARE PHARMACY MONROVIA II

2 Revoking or suspending Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

3 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

4 Revoking or suspending Original Pharmacy Technician

Registration TCH No1 0551 issued to DAVID DONNY CANTERO

5 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

6 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

7 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

8 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY MONROVIA II SKILLED CARE PHARMACY PASADENA DAVID

DONNY CANTERO SHRUTY CHATERJEE PARTI SCOTT RICHARD PRESTON and

JESSE FELIX MARTINEZ to pay the Board of Pharmacy the reasonable costs of the

investigation and enforcement of this case pursuant to Business and Professions Code

Section 1253

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9 Taking such other and further action as deemed necessary and

proper

DATED _--+hLI-I-~~o-+-___I I

far PATR CIA F HA RIS Execu ive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 062001 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

scon RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

Case No 2048

ACCUSATION

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DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No1 0551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521bull

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California

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3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit License PHY Number 41952 to Summit Care Pharmacy Inc

to do business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti has been the Pharmacist-In-Charge since

December 18 1997 The license of Respondent Skilled Care Pharmacy Monrovia will

expire on December 12001 unless renewed

4 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 31 2002 unless renewed

5 On or about Janual Y13 1986 the Boal ~ of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 31 2003 unless renewed

6 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

7 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 312001 unless

renewed

91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

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JURISDICTION

8 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

9 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

10 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

11 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

12 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

13 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14 Section 4116 of the Code states that no person other than a

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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filed against Respondent Pruii during probation the Board shall have continuing jurisdiction and

the period ofprobation shall be extel1ded until the petition to revoke probation is heard and

decided

If Respondent Pruii has not cOlnplied with any tenn or condition of

probation the Board shall have continuing jurisdiction over Respondent Pruii and probation

shall autolnatically be extended until all tenns and conditions have been Inet or the Board has

taken other action as deenled appropriate to treat the failure to cOlnply as a violation of

probation to tenninate probation and to iInpose the penalty which was stayed

15 Conlpletion of Probation

Upon successful cOlnpletion ofprobation Respondent Parti s license will

be fully restored

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10- 7-01 1534 Frcm-FM G SIQ-234-1759 rB39 P 1114 F-9S0

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ACCEPTANCE

1 have carefully rend the above Stipulated Settlement and Disciplinary Order and

have fully discussed the tenns and coaditions and other matters contained therein with my

attorn-ey Dennis W Fredrickson 1 understand the effect this stipulation will have on my

Pltannacy Pennit I enter into this Stipulated Settlement voluntarilY1 knowingly and intelligently

and agree to be bound by the Disciplinary Order and Decision of the Board ofPhannacy

DATED fQtJ~ ~ DCA 43874 Respondent

I have carefully read tbe above Stipulated Settlement and Disciplinary Order and

have fully discussed the terms and conditions and other matters contained therein with my

attorney Dennis W Fredrickson I understand the effect this stipulation will have on my

Pharmacist License I enter into this Stipulated Settlement voluntarily knowingly and

intelligently and agree to be bound by the Disciplinary Order and Decision of the Board of

Pharmacy

DATED ~---f----___~ shy

I have carefully read the above Stipulated Settlement and Disciplinary Order and

have fully discussed the terms and conditions and other matters contained therein with my

attorneY7 Dennis W Fredrickson 1 understand the effect this stipulation will have on my

Pharmacist License I enter into this Stipulared Settlement voluntarily knowingly and

intelligently and agree to be bound by ~he Disciplinary Order and Docision ofrhe Board of

Pharmacy

DATED 10 7 e I

Rc~pandcn(

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I have read and fully discussed with each Respondent the terms and conditions

and other matters contained in the above Stipulated Settlement and Disciplinary Order and

approve its form and content

DATED Iq ~200J

DENNIS W FREDRICKSON Attorney for Respondents

ENDORSEMENT

The foregoing StipUlated Settlement and Disciplinary Order is hereby respectfully

submitted for consideration by the Board of Pharmacy of the Department of Consumer Affairs

DATED 10 (~Lfr 0 I

BILL LOCKYER Attorney General of the State of California

Attorneys for Complainant

11

BEFORE THE BOARD OF PHARMACY

DEP ARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the First Amended Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 MOluovia California 91106 Pha1111acy Penllit No PHY 43874

SIULLEDCAREPHARMACY 222 East Huntington Drive No 11 Monrovia California 91106 Pha1111acy Pennit No PHY 41952

SKILLED CARE pHARMACY 1350 N Altadena Drive Suite 100 Pasadena Califonua 91107 Pha11nacy Pennit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora Califonua 91 741 Phanllacist License No RPH 44615

JESSE FELIX MARTINEZ 29 Sunlight hvine Califonua 92715 Phanl1acist License No RPH 31022

Respondents

Case No 2048

OAH No 2001030214

DECISION AND ORDER

The attached Stipulated Settlenlent and Disciplinary Order is hereby adopted by

the Board of Phanuacy of the Depmiluent of Consumer Affairs as its Decision in the above

entitled Inatter

This Decision shall becolne effective on March 17 2002

It is so ORDERED February 15 2002

BOARD OF PHARMACY DEP ARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNlA

By

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91106 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 43874

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

SCOTT RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

Case No 2048

SECOND AMENDED

ACCUSATION

[RESPONDENT DAVID DONNY CANTERO ONLY]

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JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No 10551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Second Amended

Accusation (as to respondent David Donny Cantero only) solely in her official capacity

as the Executive Officer of the Board of Pharmacy Department of Consumer Affairs

This Second Amended Accusation does not supercede the allegations filed or prayers

sought against the other respondents in the Accusation or First Amended Accusation

filed in case number 2048

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williamsfrom January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-Inshy

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Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521

3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit Number PHY 41952 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovialt)

Respondent Shruty Chaterjee Parti was the Pharmacist-In-Charge from December 18

1997 to March 142001 The license of Respondent Skilled Care Pharmacy Monrovia

was canceled on March 142001

4 On or about March 14 2001 the Board of Pharmacy issued

Original Pharmacy Permit Number 43874 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91106 (Respondent Skilled Care Pharmacy Monrovia 11)2

Respondent Shruty Chaterjee Parti has been the Pharmacist-in-Charge since

March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia II will

1 On or about February 28 1997 Respondent $killed Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California 91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

2 Under an agreement similar to that described in footnote 1 a change of ownership was approved under pharmacy permit number 43874 on or about March 14 2001

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expire on March 1 2002 unless renewed

5 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 312002 unless renewed

6 On or about January 13 1986 the Board of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 312003 unless renewed

7 On or about July 291977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2003 unless renewed

8 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 31 2003 unless

renewed

JURISDICTION

9 This Second Amended Accusation is brought before the Board of

Pharmacy (Board) under the authority of the following sections of the Business and

Professions Code (Code)

1O Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

11 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(I) The conviction of a crime substantially related to the qualifications

functions and duties of a licensee

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(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

12 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

13 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

14A Section 4060 of the Code states that no person sha II possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14B Section 11350(a) of the Health and Safety Code provides that

except as otherwise provided in Division 10 of the Health and Safety Code every

person who possesses (a) any controlled substance specified in subdivision (b) or (c)

or paragraph (1) of subdivision (f) of Section 11054 specified in paragraph (14) (15) or

(20) of subdivision (d) of Section 11054 or specified in subdivision (b) (c) or (g) of

Section 11055 or (2) any controlled substance classi~ed in Schedule III IV orV which

is a narcotic drug unless upon the written prescription of a physician dentist podiatrist

or veterinarian licensed to practice in this state shall be punished by imprisonment in

the state prison

15 Section 4116 of the Code states that no person other than a

pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

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dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

16 Title 16 California Code of Regulations section 1714 in relevant

part states

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

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strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11 056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11 056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11 056(e)(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

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Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled su bstance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20A Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code for unprofessional conduct as defined in section

4301 U) of the Code for a violation of Section 4060 of the Code and Section 11350(a) of

the Health and Safety Code as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Theresa R stated that prior to the

officers arrival she attempted to flee middotfrom Respondent Canteros vehicle but he locked

the electric door locks on the vehicle and did not allow her to exit the vehicle Upon

their arrival officers observed Theresa Rs lip bleeding and swollen Theresa R

advised the officers that Respondent Cantero hit her with the back of his hand across

the mouth with the back of his right hand In the course of the investigation one of the

officers located two bottles of prescription medication in the trunk of Respondent

Canteros vehicle One bottle was sealed and contained 500 tablets of Vicodin and the

other opened bottle contained Tylenol 4 with Codeine The Tylenol 4 with Codeine

bottle was labeled as having 500 tablets in it however only 482 tablets were found

Subsequently Respondent Cantero was arrested Respondent Cantero was employed

at Skilled Care Pharmacy Pasadena at the time of his arrest

20B Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code for unprofessional conduct as defined in section

4301 (I) of the Code as follows

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violating Section 415( 1) of the Penal Code (unlawful fight

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in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

The circumstances of the conviction are substantially related to the

qualifications functions or duties of a registered pharmacy technician as defined by

Section 4115 of the Code and Title 16 California Code of Regulations section 17932

in that it evidences to a substantial degree a present or potential unfitness on the part of

Respondent Cantero to perform the functions authorized by his registration in a manner

consistent with the public health safety or welfare when on or about February 14

1996 in the City of Brea he engaged in a fight in a public place with Theresa R as

described in paragraph 20A above

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more than 41000

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dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

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C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 21 22 23 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

licensed area

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)

PRAYER

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 Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

2 Ordering DAVID DONNY CANTERO to pay the Board of Pharmacy

the reasonable costs of the investigation and enforcement of this case pursuant to

Business and Professions Code Section 1253

3 Taking such other and further action as deemed necessary and

proper

DATED _~I-z~1-3--+_O-1____

oyPA~~Executive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 120301 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

Case No 2048

FIRST AMENDED

ACCUSATION

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JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No 10551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

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number PHY 419521bull

3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit Number PHY 41952 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti was the Pharmacist-In-Charge from December 18

1997 to March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia

was cancelled on March 14 2001

4 On or about March 14 2001 the Board of Pharmacy issued

Original Pharmacy Permit Number 43874 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91106 (Respondent Skilled Care Pharmacy Monrovia 11)2

Respondent Shruty Chaterjee Parti has been the Pharmacist-in-Charge since

March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia II will

expire on March 1 2002 unless renewed

5 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena D~ive Suite 100 Pasadena California 91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

2 Under an agreement similar to that described in footnote 1 a change of ownership was approved under pharmacy permit number 43874 on or about March 142001

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(Respondent Parti) The license will expire on October 312002 unless renewed

6 On or about January 13 1986 the Board of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 312003 unless renewed

7 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

8 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 31 2003 unless

renewed

JURISDICTION

9 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

10 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

11 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

(j) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

12 Section 4081(a) of the Code in pertinent part provides that a

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current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

13 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

14 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

15 Section 4116 of the Code states that no person other than a

pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled SUbstances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

16 Title 16 California Code of Regulations section 17-14 in relevant

part states

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including prOVisions for effective control against theft or

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diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

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[APAP] 500 mg) is a dqngerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled sUbstance schedule III as listed in

Health and Safety Code Section 11 056( e )(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled sUbstance

schedule IV as listed in Health and Safety Code Section 11057 (e)( 1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

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Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested Respondent Cantero was employed at Skilled Care Pharmacy Pasadena

at the time of his arrest

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415(1) of the Penal Code (unlawful

fight in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North Judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area~ The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

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staff supervisionmiddot An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more tha n 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

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A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 212223 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

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licensed area

PRAYER

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 Original Pharmacy Permit No PHY

43874 issued to SKILLED CARE PHARMACY MONROVIA II

2 Revoking or suspending Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

3 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

4 Revoking or suspending Original Pharmacy Technician

Registration TCH No1 0551 issued to DAVID DONNY CANTERO

5 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

6 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

7 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

8 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY MONROVIA II SKILLED CARE PHARMACY PASADENA DAVID

DONNY CANTERO SHRUTY CHATERJEE PARTI SCOTT RICHARD PRESTON and

JESSE FELIX MARTINEZ to pay the Board of Pharmacy the reasonable costs of the

investigation and enforcement of this case pursuant to Business and Professions Code

Section 1253

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9 Taking such other and further action as deemed necessary and

proper

DATED _--+hLI-I-~~o-+-___I I

far PATR CIA F HA RIS Execu ive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 062001 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

scon RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

Case No 2048

ACCUSATION

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DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No1 0551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521bull

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California

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3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit License PHY Number 41952 to Summit Care Pharmacy Inc

to do business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti has been the Pharmacist-In-Charge since

December 18 1997 The license of Respondent Skilled Care Pharmacy Monrovia will

expire on December 12001 unless renewed

4 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 31 2002 unless renewed

5 On or about Janual Y13 1986 the Boal ~ of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 31 2003 unless renewed

6 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

7 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 312001 unless

renewed

91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

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JURISDICTION

8 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

9 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

10 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

11 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

12 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

13 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14 Section 4116 of the Code states that no person other than a

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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ACCEPTANCE

1 have carefully rend the above Stipulated Settlement and Disciplinary Order and

have fully discussed the tenns and coaditions and other matters contained therein with my

attorn-ey Dennis W Fredrickson 1 understand the effect this stipulation will have on my

Pltannacy Pennit I enter into this Stipulated Settlement voluntarilY1 knowingly and intelligently

and agree to be bound by the Disciplinary Order and Decision of the Board ofPhannacy

DATED fQtJ~ ~ DCA 43874 Respondent

I have carefully read tbe above Stipulated Settlement and Disciplinary Order and

have fully discussed the terms and conditions and other matters contained therein with my

attorney Dennis W Fredrickson I understand the effect this stipulation will have on my

Pharmacist License I enter into this Stipulated Settlement voluntarily knowingly and

intelligently and agree to be bound by the Disciplinary Order and Decision of the Board of

Pharmacy

DATED ~---f----___~ shy

I have carefully read the above Stipulated Settlement and Disciplinary Order and

have fully discussed the terms and conditions and other matters contained therein with my

attorneY7 Dennis W Fredrickson 1 understand the effect this stipulation will have on my

Pharmacist License I enter into this Stipulared Settlement voluntarily knowingly and

intelligently and agree to be bound by ~he Disciplinary Order and Docision ofrhe Board of

Pharmacy

DATED 10 7 e I

Rc~pandcn(

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I have read and fully discussed with each Respondent the terms and conditions

and other matters contained in the above Stipulated Settlement and Disciplinary Order and

approve its form and content

DATED Iq ~200J

DENNIS W FREDRICKSON Attorney for Respondents

ENDORSEMENT

The foregoing StipUlated Settlement and Disciplinary Order is hereby respectfully

submitted for consideration by the Board of Pharmacy of the Department of Consumer Affairs

DATED 10 (~Lfr 0 I

BILL LOCKYER Attorney General of the State of California

Attorneys for Complainant

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BEFORE THE BOARD OF PHARMACY

DEP ARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the First Amended Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 MOluovia California 91106 Pha1111acy Penllit No PHY 43874

SIULLEDCAREPHARMACY 222 East Huntington Drive No 11 Monrovia California 91106 Pha1111acy Pennit No PHY 41952

SKILLED CARE pHARMACY 1350 N Altadena Drive Suite 100 Pasadena Califonua 91107 Pha11nacy Pennit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora Califonua 91 741 Phanllacist License No RPH 44615

JESSE FELIX MARTINEZ 29 Sunlight hvine Califonua 92715 Phanl1acist License No RPH 31022

Respondents

Case No 2048

OAH No 2001030214

DECISION AND ORDER

The attached Stipulated Settlenlent and Disciplinary Order is hereby adopted by

the Board of Phanuacy of the Depmiluent of Consumer Affairs as its Decision in the above

entitled Inatter

This Decision shall becolne effective on March 17 2002

It is so ORDERED February 15 2002

BOARD OF PHARMACY DEP ARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNlA

By

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91106 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 43874

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

SCOTT RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

Case No 2048

SECOND AMENDED

ACCUSATION

[RESPONDENT DAVID DONNY CANTERO ONLY]

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JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No 10551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Second Amended

Accusation (as to respondent David Donny Cantero only) solely in her official capacity

as the Executive Officer of the Board of Pharmacy Department of Consumer Affairs

This Second Amended Accusation does not supercede the allegations filed or prayers

sought against the other respondents in the Accusation or First Amended Accusation

filed in case number 2048

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williamsfrom January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-Inshy

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Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521

3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit Number PHY 41952 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovialt)

Respondent Shruty Chaterjee Parti was the Pharmacist-In-Charge from December 18

1997 to March 142001 The license of Respondent Skilled Care Pharmacy Monrovia

was canceled on March 142001

4 On or about March 14 2001 the Board of Pharmacy issued

Original Pharmacy Permit Number 43874 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91106 (Respondent Skilled Care Pharmacy Monrovia 11)2

Respondent Shruty Chaterjee Parti has been the Pharmacist-in-Charge since

March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia II will

1 On or about February 28 1997 Respondent $killed Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California 91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

2 Under an agreement similar to that described in footnote 1 a change of ownership was approved under pharmacy permit number 43874 on or about March 14 2001

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expire on March 1 2002 unless renewed

5 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 312002 unless renewed

6 On or about January 13 1986 the Board of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 312003 unless renewed

7 On or about July 291977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2003 unless renewed

8 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 31 2003 unless

renewed

JURISDICTION

9 This Second Amended Accusation is brought before the Board of

Pharmacy (Board) under the authority of the following sections of the Business and

Professions Code (Code)

1O Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

11 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(I) The conviction of a crime substantially related to the qualifications

functions and duties of a licensee

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(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

12 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

13 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

14A Section 4060 of the Code states that no person sha II possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14B Section 11350(a) of the Health and Safety Code provides that

except as otherwise provided in Division 10 of the Health and Safety Code every

person who possesses (a) any controlled substance specified in subdivision (b) or (c)

or paragraph (1) of subdivision (f) of Section 11054 specified in paragraph (14) (15) or

(20) of subdivision (d) of Section 11054 or specified in subdivision (b) (c) or (g) of

Section 11055 or (2) any controlled substance classi~ed in Schedule III IV orV which

is a narcotic drug unless upon the written prescription of a physician dentist podiatrist

or veterinarian licensed to practice in this state shall be punished by imprisonment in

the state prison

15 Section 4116 of the Code states that no person other than a

pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

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dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

16 Title 16 California Code of Regulations section 1714 in relevant

part states

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

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strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11 056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11 056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11 056(e)(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

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Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled su bstance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20A Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code for unprofessional conduct as defined in section

4301 U) of the Code for a violation of Section 4060 of the Code and Section 11350(a) of

the Health and Safety Code as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Theresa R stated that prior to the

officers arrival she attempted to flee middotfrom Respondent Canteros vehicle but he locked

the electric door locks on the vehicle and did not allow her to exit the vehicle Upon

their arrival officers observed Theresa Rs lip bleeding and swollen Theresa R

advised the officers that Respondent Cantero hit her with the back of his hand across

the mouth with the back of his right hand In the course of the investigation one of the

officers located two bottles of prescription medication in the trunk of Respondent

Canteros vehicle One bottle was sealed and contained 500 tablets of Vicodin and the

other opened bottle contained Tylenol 4 with Codeine The Tylenol 4 with Codeine

bottle was labeled as having 500 tablets in it however only 482 tablets were found

Subsequently Respondent Cantero was arrested Respondent Cantero was employed

at Skilled Care Pharmacy Pasadena at the time of his arrest

20B Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code for unprofessional conduct as defined in section

4301 (I) of the Code as follows

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violating Section 415( 1) of the Penal Code (unlawful fight

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in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

The circumstances of the conviction are substantially related to the

qualifications functions or duties of a registered pharmacy technician as defined by

Section 4115 of the Code and Title 16 California Code of Regulations section 17932

in that it evidences to a substantial degree a present or potential unfitness on the part of

Respondent Cantero to perform the functions authorized by his registration in a manner

consistent with the public health safety or welfare when on or about February 14

1996 in the City of Brea he engaged in a fight in a public place with Theresa R as

described in paragraph 20A above

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more than 41000

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dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

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C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 21 22 23 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

licensed area

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)

PRAYER

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 Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

2 Ordering DAVID DONNY CANTERO to pay the Board of Pharmacy

the reasonable costs of the investigation and enforcement of this case pursuant to

Business and Professions Code Section 1253

3 Taking such other and further action as deemed necessary and

proper

DATED _~I-z~1-3--+_O-1____

oyPA~~Executive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 120301 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

Case No 2048

FIRST AMENDED

ACCUSATION

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JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No 10551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

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number PHY 419521bull

3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit Number PHY 41952 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti was the Pharmacist-In-Charge from December 18

1997 to March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia

was cancelled on March 14 2001

4 On or about March 14 2001 the Board of Pharmacy issued

Original Pharmacy Permit Number 43874 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91106 (Respondent Skilled Care Pharmacy Monrovia 11)2

Respondent Shruty Chaterjee Parti has been the Pharmacist-in-Charge since

March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia II will

expire on March 1 2002 unless renewed

5 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena D~ive Suite 100 Pasadena California 91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

2 Under an agreement similar to that described in footnote 1 a change of ownership was approved under pharmacy permit number 43874 on or about March 142001

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(Respondent Parti) The license will expire on October 312002 unless renewed

6 On or about January 13 1986 the Board of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 312003 unless renewed

7 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

8 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 31 2003 unless

renewed

JURISDICTION

9 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

10 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

11 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

(j) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

12 Section 4081(a) of the Code in pertinent part provides that a

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current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

13 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

14 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

15 Section 4116 of the Code states that no person other than a

pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled SUbstances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

16 Title 16 California Code of Regulations section 17-14 in relevant

part states

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including prOVisions for effective control against theft or

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diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

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[APAP] 500 mg) is a dqngerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled sUbstance schedule III as listed in

Health and Safety Code Section 11 056( e )(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled sUbstance

schedule IV as listed in Health and Safety Code Section 11057 (e)( 1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

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Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested Respondent Cantero was employed at Skilled Care Pharmacy Pasadena

at the time of his arrest

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415(1) of the Penal Code (unlawful

fight in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North Judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area~ The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

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staff supervisionmiddot An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more tha n 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

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A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 212223 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

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licensed area

PRAYER

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 Original Pharmacy Permit No PHY

43874 issued to SKILLED CARE PHARMACY MONROVIA II

2 Revoking or suspending Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

3 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

4 Revoking or suspending Original Pharmacy Technician

Registration TCH No1 0551 issued to DAVID DONNY CANTERO

5 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

6 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

7 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

8 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY MONROVIA II SKILLED CARE PHARMACY PASADENA DAVID

DONNY CANTERO SHRUTY CHATERJEE PARTI SCOTT RICHARD PRESTON and

JESSE FELIX MARTINEZ to pay the Board of Pharmacy the reasonable costs of the

investigation and enforcement of this case pursuant to Business and Professions Code

Section 1253

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9 Taking such other and further action as deemed necessary and

proper

DATED _--+hLI-I-~~o-+-___I I

far PATR CIA F HA RIS Execu ive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 062001 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

scon RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

Case No 2048

ACCUSATION

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DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No1 0551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521bull

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California

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3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit License PHY Number 41952 to Summit Care Pharmacy Inc

to do business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti has been the Pharmacist-In-Charge since

December 18 1997 The license of Respondent Skilled Care Pharmacy Monrovia will

expire on December 12001 unless renewed

4 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 31 2002 unless renewed

5 On or about Janual Y13 1986 the Boal ~ of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 31 2003 unless renewed

6 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

7 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 312001 unless

renewed

91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

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JURISDICTION

8 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

9 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

10 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

11 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

12 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

13 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14 Section 4116 of the Code states that no person other than a

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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I have read and fully discussed with each Respondent the terms and conditions

and other matters contained in the above Stipulated Settlement and Disciplinary Order and

approve its form and content

DATED Iq ~200J

DENNIS W FREDRICKSON Attorney for Respondents

ENDORSEMENT

The foregoing StipUlated Settlement and Disciplinary Order is hereby respectfully

submitted for consideration by the Board of Pharmacy of the Department of Consumer Affairs

DATED 10 (~Lfr 0 I

BILL LOCKYER Attorney General of the State of California

Attorneys for Complainant

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BEFORE THE BOARD OF PHARMACY

DEP ARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the First Amended Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 MOluovia California 91106 Pha1111acy Penllit No PHY 43874

SIULLEDCAREPHARMACY 222 East Huntington Drive No 11 Monrovia California 91106 Pha1111acy Pennit No PHY 41952

SKILLED CARE pHARMACY 1350 N Altadena Drive Suite 100 Pasadena Califonua 91107 Pha11nacy Pennit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora Califonua 91 741 Phanllacist License No RPH 44615

JESSE FELIX MARTINEZ 29 Sunlight hvine Califonua 92715 Phanl1acist License No RPH 31022

Respondents

Case No 2048

OAH No 2001030214

DECISION AND ORDER

The attached Stipulated Settlenlent and Disciplinary Order is hereby adopted by

the Board of Phanuacy of the Depmiluent of Consumer Affairs as its Decision in the above

entitled Inatter

This Decision shall becolne effective on March 17 2002

It is so ORDERED February 15 2002

BOARD OF PHARMACY DEP ARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNlA

By

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91106 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 43874

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

SCOTT RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

Case No 2048

SECOND AMENDED

ACCUSATION

[RESPONDENT DAVID DONNY CANTERO ONLY]

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JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No 10551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Second Amended

Accusation (as to respondent David Donny Cantero only) solely in her official capacity

as the Executive Officer of the Board of Pharmacy Department of Consumer Affairs

This Second Amended Accusation does not supercede the allegations filed or prayers

sought against the other respondents in the Accusation or First Amended Accusation

filed in case number 2048

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williamsfrom January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-Inshy

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Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521

3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit Number PHY 41952 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovialt)

Respondent Shruty Chaterjee Parti was the Pharmacist-In-Charge from December 18

1997 to March 142001 The license of Respondent Skilled Care Pharmacy Monrovia

was canceled on March 142001

4 On or about March 14 2001 the Board of Pharmacy issued

Original Pharmacy Permit Number 43874 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91106 (Respondent Skilled Care Pharmacy Monrovia 11)2

Respondent Shruty Chaterjee Parti has been the Pharmacist-in-Charge since

March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia II will

1 On or about February 28 1997 Respondent $killed Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California 91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

2 Under an agreement similar to that described in footnote 1 a change of ownership was approved under pharmacy permit number 43874 on or about March 14 2001

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expire on March 1 2002 unless renewed

5 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 312002 unless renewed

6 On or about January 13 1986 the Board of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 312003 unless renewed

7 On or about July 291977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2003 unless renewed

8 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 31 2003 unless

renewed

JURISDICTION

9 This Second Amended Accusation is brought before the Board of

Pharmacy (Board) under the authority of the following sections of the Business and

Professions Code (Code)

1O Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

11 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(I) The conviction of a crime substantially related to the qualifications

functions and duties of a licensee

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(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

12 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

13 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

14A Section 4060 of the Code states that no person sha II possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14B Section 11350(a) of the Health and Safety Code provides that

except as otherwise provided in Division 10 of the Health and Safety Code every

person who possesses (a) any controlled substance specified in subdivision (b) or (c)

or paragraph (1) of subdivision (f) of Section 11054 specified in paragraph (14) (15) or

(20) of subdivision (d) of Section 11054 or specified in subdivision (b) (c) or (g) of

Section 11055 or (2) any controlled substance classi~ed in Schedule III IV orV which

is a narcotic drug unless upon the written prescription of a physician dentist podiatrist

or veterinarian licensed to practice in this state shall be punished by imprisonment in

the state prison

15 Section 4116 of the Code states that no person other than a

pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

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dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

16 Title 16 California Code of Regulations section 1714 in relevant

part states

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

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strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11 056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11 056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11 056(e)(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

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Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled su bstance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20A Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code for unprofessional conduct as defined in section

4301 U) of the Code for a violation of Section 4060 of the Code and Section 11350(a) of

the Health and Safety Code as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Theresa R stated that prior to the

officers arrival she attempted to flee middotfrom Respondent Canteros vehicle but he locked

the electric door locks on the vehicle and did not allow her to exit the vehicle Upon

their arrival officers observed Theresa Rs lip bleeding and swollen Theresa R

advised the officers that Respondent Cantero hit her with the back of his hand across

the mouth with the back of his right hand In the course of the investigation one of the

officers located two bottles of prescription medication in the trunk of Respondent

Canteros vehicle One bottle was sealed and contained 500 tablets of Vicodin and the

other opened bottle contained Tylenol 4 with Codeine The Tylenol 4 with Codeine

bottle was labeled as having 500 tablets in it however only 482 tablets were found

Subsequently Respondent Cantero was arrested Respondent Cantero was employed

at Skilled Care Pharmacy Pasadena at the time of his arrest

20B Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code for unprofessional conduct as defined in section

4301 (I) of the Code as follows

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violating Section 415( 1) of the Penal Code (unlawful fight

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in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

The circumstances of the conviction are substantially related to the

qualifications functions or duties of a registered pharmacy technician as defined by

Section 4115 of the Code and Title 16 California Code of Regulations section 17932

in that it evidences to a substantial degree a present or potential unfitness on the part of

Respondent Cantero to perform the functions authorized by his registration in a manner

consistent with the public health safety or welfare when on or about February 14

1996 in the City of Brea he engaged in a fight in a public place with Theresa R as

described in paragraph 20A above

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more than 41000

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dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

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C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 21 22 23 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

licensed area

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)

PRAYER

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 Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

2 Ordering DAVID DONNY CANTERO to pay the Board of Pharmacy

the reasonable costs of the investigation and enforcement of this case pursuant to

Business and Professions Code Section 1253

3 Taking such other and further action as deemed necessary and

proper

DATED _~I-z~1-3--+_O-1____

oyPA~~Executive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 120301 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

Case No 2048

FIRST AMENDED

ACCUSATION

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JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No 10551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

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number PHY 419521bull

3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit Number PHY 41952 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti was the Pharmacist-In-Charge from December 18

1997 to March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia

was cancelled on March 14 2001

4 On or about March 14 2001 the Board of Pharmacy issued

Original Pharmacy Permit Number 43874 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91106 (Respondent Skilled Care Pharmacy Monrovia 11)2

Respondent Shruty Chaterjee Parti has been the Pharmacist-in-Charge since

March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia II will

expire on March 1 2002 unless renewed

5 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena D~ive Suite 100 Pasadena California 91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

2 Under an agreement similar to that described in footnote 1 a change of ownership was approved under pharmacy permit number 43874 on or about March 142001

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(Respondent Parti) The license will expire on October 312002 unless renewed

6 On or about January 13 1986 the Board of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 312003 unless renewed

7 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

8 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 31 2003 unless

renewed

JURISDICTION

9 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

10 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

11 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

(j) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

12 Section 4081(a) of the Code in pertinent part provides that a

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current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

13 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

14 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

15 Section 4116 of the Code states that no person other than a

pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled SUbstances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

16 Title 16 California Code of Regulations section 17-14 in relevant

part states

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including prOVisions for effective control against theft or

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diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

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[APAP] 500 mg) is a dqngerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled sUbstance schedule III as listed in

Health and Safety Code Section 11 056( e )(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled sUbstance

schedule IV as listed in Health and Safety Code Section 11057 (e)( 1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

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Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested Respondent Cantero was employed at Skilled Care Pharmacy Pasadena

at the time of his arrest

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415(1) of the Penal Code (unlawful

fight in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North Judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area~ The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

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staff supervisionmiddot An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more tha n 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

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A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 212223 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

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licensed area

PRAYER

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 Original Pharmacy Permit No PHY

43874 issued to SKILLED CARE PHARMACY MONROVIA II

2 Revoking or suspending Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

3 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

4 Revoking or suspending Original Pharmacy Technician

Registration TCH No1 0551 issued to DAVID DONNY CANTERO

5 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

6 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

7 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

8 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY MONROVIA II SKILLED CARE PHARMACY PASADENA DAVID

DONNY CANTERO SHRUTY CHATERJEE PARTI SCOTT RICHARD PRESTON and

JESSE FELIX MARTINEZ to pay the Board of Pharmacy the reasonable costs of the

investigation and enforcement of this case pursuant to Business and Professions Code

Section 1253

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9 Taking such other and further action as deemed necessary and

proper

DATED _--+hLI-I-~~o-+-___I I

far PATR CIA F HA RIS Execu ive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 062001 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

scon RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

Case No 2048

ACCUSATION

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DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No1 0551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521bull

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California

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3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit License PHY Number 41952 to Summit Care Pharmacy Inc

to do business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti has been the Pharmacist-In-Charge since

December 18 1997 The license of Respondent Skilled Care Pharmacy Monrovia will

expire on December 12001 unless renewed

4 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 31 2002 unless renewed

5 On or about Janual Y13 1986 the Boal ~ of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 31 2003 unless renewed

6 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

7 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 312001 unless

renewed

91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

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JURISDICTION

8 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

9 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

10 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

11 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

12 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

13 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14 Section 4116 of the Code states that no person other than a

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

11

BEFORE THE BOARD OF PHARMACY

DEP ARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the First Amended Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 MOluovia California 91106 Pha1111acy Penllit No PHY 43874

SIULLEDCAREPHARMACY 222 East Huntington Drive No 11 Monrovia California 91106 Pha1111acy Pennit No PHY 41952

SKILLED CARE pHARMACY 1350 N Altadena Drive Suite 100 Pasadena Califonua 91107 Pha11nacy Pennit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora Califonua 91 741 Phanllacist License No RPH 44615

JESSE FELIX MARTINEZ 29 Sunlight hvine Califonua 92715 Phanl1acist License No RPH 31022

Respondents

Case No 2048

OAH No 2001030214

DECISION AND ORDER

The attached Stipulated Settlenlent and Disciplinary Order is hereby adopted by

the Board of Phanuacy of the Depmiluent of Consumer Affairs as its Decision in the above

entitled Inatter

This Decision shall becolne effective on March 17 2002

It is so ORDERED February 15 2002

BOARD OF PHARMACY DEP ARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNlA

By

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91106 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 43874

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

SCOTT RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

Case No 2048

SECOND AMENDED

ACCUSATION

[RESPONDENT DAVID DONNY CANTERO ONLY]

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JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No 10551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Second Amended

Accusation (as to respondent David Donny Cantero only) solely in her official capacity

as the Executive Officer of the Board of Pharmacy Department of Consumer Affairs

This Second Amended Accusation does not supercede the allegations filed or prayers

sought against the other respondents in the Accusation or First Amended Accusation

filed in case number 2048

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williamsfrom January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-Inshy

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Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521

3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit Number PHY 41952 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovialt)

Respondent Shruty Chaterjee Parti was the Pharmacist-In-Charge from December 18

1997 to March 142001 The license of Respondent Skilled Care Pharmacy Monrovia

was canceled on March 142001

4 On or about March 14 2001 the Board of Pharmacy issued

Original Pharmacy Permit Number 43874 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91106 (Respondent Skilled Care Pharmacy Monrovia 11)2

Respondent Shruty Chaterjee Parti has been the Pharmacist-in-Charge since

March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia II will

1 On or about February 28 1997 Respondent $killed Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California 91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

2 Under an agreement similar to that described in footnote 1 a change of ownership was approved under pharmacy permit number 43874 on or about March 14 2001

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expire on March 1 2002 unless renewed

5 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 312002 unless renewed

6 On or about January 13 1986 the Board of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 312003 unless renewed

7 On or about July 291977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2003 unless renewed

8 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 31 2003 unless

renewed

JURISDICTION

9 This Second Amended Accusation is brought before the Board of

Pharmacy (Board) under the authority of the following sections of the Business and

Professions Code (Code)

1O Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

11 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(I) The conviction of a crime substantially related to the qualifications

functions and duties of a licensee

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(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

12 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

13 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

14A Section 4060 of the Code states that no person sha II possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14B Section 11350(a) of the Health and Safety Code provides that

except as otherwise provided in Division 10 of the Health and Safety Code every

person who possesses (a) any controlled substance specified in subdivision (b) or (c)

or paragraph (1) of subdivision (f) of Section 11054 specified in paragraph (14) (15) or

(20) of subdivision (d) of Section 11054 or specified in subdivision (b) (c) or (g) of

Section 11055 or (2) any controlled substance classi~ed in Schedule III IV orV which

is a narcotic drug unless upon the written prescription of a physician dentist podiatrist

or veterinarian licensed to practice in this state shall be punished by imprisonment in

the state prison

15 Section 4116 of the Code states that no person other than a

pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

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dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

16 Title 16 California Code of Regulations section 1714 in relevant

part states

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

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strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11 056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11 056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11 056(e)(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

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Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled su bstance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20A Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code for unprofessional conduct as defined in section

4301 U) of the Code for a violation of Section 4060 of the Code and Section 11350(a) of

the Health and Safety Code as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Theresa R stated that prior to the

officers arrival she attempted to flee middotfrom Respondent Canteros vehicle but he locked

the electric door locks on the vehicle and did not allow her to exit the vehicle Upon

their arrival officers observed Theresa Rs lip bleeding and swollen Theresa R

advised the officers that Respondent Cantero hit her with the back of his hand across

the mouth with the back of his right hand In the course of the investigation one of the

officers located two bottles of prescription medication in the trunk of Respondent

Canteros vehicle One bottle was sealed and contained 500 tablets of Vicodin and the

other opened bottle contained Tylenol 4 with Codeine The Tylenol 4 with Codeine

bottle was labeled as having 500 tablets in it however only 482 tablets were found

Subsequently Respondent Cantero was arrested Respondent Cantero was employed

at Skilled Care Pharmacy Pasadena at the time of his arrest

20B Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code for unprofessional conduct as defined in section

4301 (I) of the Code as follows

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violating Section 415( 1) of the Penal Code (unlawful fight

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in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

The circumstances of the conviction are substantially related to the

qualifications functions or duties of a registered pharmacy technician as defined by

Section 4115 of the Code and Title 16 California Code of Regulations section 17932

in that it evidences to a substantial degree a present or potential unfitness on the part of

Respondent Cantero to perform the functions authorized by his registration in a manner

consistent with the public health safety or welfare when on or about February 14

1996 in the City of Brea he engaged in a fight in a public place with Theresa R as

described in paragraph 20A above

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more than 41000

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dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

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C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 21 22 23 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

licensed area

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)

PRAYER

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 Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

2 Ordering DAVID DONNY CANTERO to pay the Board of Pharmacy

the reasonable costs of the investigation and enforcement of this case pursuant to

Business and Professions Code Section 1253

3 Taking such other and further action as deemed necessary and

proper

DATED _~I-z~1-3--+_O-1____

oyPA~~Executive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 120301 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

Case No 2048

FIRST AMENDED

ACCUSATION

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JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No 10551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

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number PHY 419521bull

3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit Number PHY 41952 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti was the Pharmacist-In-Charge from December 18

1997 to March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia

was cancelled on March 14 2001

4 On or about March 14 2001 the Board of Pharmacy issued

Original Pharmacy Permit Number 43874 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91106 (Respondent Skilled Care Pharmacy Monrovia 11)2

Respondent Shruty Chaterjee Parti has been the Pharmacist-in-Charge since

March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia II will

expire on March 1 2002 unless renewed

5 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena D~ive Suite 100 Pasadena California 91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

2 Under an agreement similar to that described in footnote 1 a change of ownership was approved under pharmacy permit number 43874 on or about March 142001

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(Respondent Parti) The license will expire on October 312002 unless renewed

6 On or about January 13 1986 the Board of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 312003 unless renewed

7 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

8 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 31 2003 unless

renewed

JURISDICTION

9 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

10 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

11 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

(j) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

12 Section 4081(a) of the Code in pertinent part provides that a

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current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

13 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

14 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

15 Section 4116 of the Code states that no person other than a

pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled SUbstances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

16 Title 16 California Code of Regulations section 17-14 in relevant

part states

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including prOVisions for effective control against theft or

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diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

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[APAP] 500 mg) is a dqngerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled sUbstance schedule III as listed in

Health and Safety Code Section 11 056( e )(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled sUbstance

schedule IV as listed in Health and Safety Code Section 11057 (e)( 1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

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Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested Respondent Cantero was employed at Skilled Care Pharmacy Pasadena

at the time of his arrest

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415(1) of the Penal Code (unlawful

fight in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North Judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area~ The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

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staff supervisionmiddot An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more tha n 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

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A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 212223 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

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licensed area

PRAYER

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 Original Pharmacy Permit No PHY

43874 issued to SKILLED CARE PHARMACY MONROVIA II

2 Revoking or suspending Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

3 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

4 Revoking or suspending Original Pharmacy Technician

Registration TCH No1 0551 issued to DAVID DONNY CANTERO

5 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

6 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

7 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

8 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY MONROVIA II SKILLED CARE PHARMACY PASADENA DAVID

DONNY CANTERO SHRUTY CHATERJEE PARTI SCOTT RICHARD PRESTON and

JESSE FELIX MARTINEZ to pay the Board of Pharmacy the reasonable costs of the

investigation and enforcement of this case pursuant to Business and Professions Code

Section 1253

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9 Taking such other and further action as deemed necessary and

proper

DATED _--+hLI-I-~~o-+-___I I

far PATR CIA F HA RIS Execu ive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 062001 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

scon RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

Case No 2048

ACCUSATION

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DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No1 0551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521bull

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California

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3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit License PHY Number 41952 to Summit Care Pharmacy Inc

to do business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti has been the Pharmacist-In-Charge since

December 18 1997 The license of Respondent Skilled Care Pharmacy Monrovia will

expire on December 12001 unless renewed

4 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 31 2002 unless renewed

5 On or about Janual Y13 1986 the Boal ~ of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 31 2003 unless renewed

6 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

7 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 312001 unless

renewed

91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

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JURISDICTION

8 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

9 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

10 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

11 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

12 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

13 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14 Section 4116 of the Code states that no person other than a

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91106 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 43874

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

SCOTT RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

Case No 2048

SECOND AMENDED

ACCUSATION

[RESPONDENT DAVID DONNY CANTERO ONLY]

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JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No 10551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Second Amended

Accusation (as to respondent David Donny Cantero only) solely in her official capacity

as the Executive Officer of the Board of Pharmacy Department of Consumer Affairs

This Second Amended Accusation does not supercede the allegations filed or prayers

sought against the other respondents in the Accusation or First Amended Accusation

filed in case number 2048

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williamsfrom January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-Inshy

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Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521

3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit Number PHY 41952 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovialt)

Respondent Shruty Chaterjee Parti was the Pharmacist-In-Charge from December 18

1997 to March 142001 The license of Respondent Skilled Care Pharmacy Monrovia

was canceled on March 142001

4 On or about March 14 2001 the Board of Pharmacy issued

Original Pharmacy Permit Number 43874 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91106 (Respondent Skilled Care Pharmacy Monrovia 11)2

Respondent Shruty Chaterjee Parti has been the Pharmacist-in-Charge since

March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia II will

1 On or about February 28 1997 Respondent $killed Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California 91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

2 Under an agreement similar to that described in footnote 1 a change of ownership was approved under pharmacy permit number 43874 on or about March 14 2001

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expire on March 1 2002 unless renewed

5 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 312002 unless renewed

6 On or about January 13 1986 the Board of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 312003 unless renewed

7 On or about July 291977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2003 unless renewed

8 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 31 2003 unless

renewed

JURISDICTION

9 This Second Amended Accusation is brought before the Board of

Pharmacy (Board) under the authority of the following sections of the Business and

Professions Code (Code)

1O Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

11 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(I) The conviction of a crime substantially related to the qualifications

functions and duties of a licensee

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(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

12 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

13 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

14A Section 4060 of the Code states that no person sha II possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14B Section 11350(a) of the Health and Safety Code provides that

except as otherwise provided in Division 10 of the Health and Safety Code every

person who possesses (a) any controlled substance specified in subdivision (b) or (c)

or paragraph (1) of subdivision (f) of Section 11054 specified in paragraph (14) (15) or

(20) of subdivision (d) of Section 11054 or specified in subdivision (b) (c) or (g) of

Section 11055 or (2) any controlled substance classi~ed in Schedule III IV orV which

is a narcotic drug unless upon the written prescription of a physician dentist podiatrist

or veterinarian licensed to practice in this state shall be punished by imprisonment in

the state prison

15 Section 4116 of the Code states that no person other than a

pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

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dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

16 Title 16 California Code of Regulations section 1714 in relevant

part states

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

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strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11 056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11 056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11 056(e)(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

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Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled su bstance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20A Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code for unprofessional conduct as defined in section

4301 U) of the Code for a violation of Section 4060 of the Code and Section 11350(a) of

the Health and Safety Code as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Theresa R stated that prior to the

officers arrival she attempted to flee middotfrom Respondent Canteros vehicle but he locked

the electric door locks on the vehicle and did not allow her to exit the vehicle Upon

their arrival officers observed Theresa Rs lip bleeding and swollen Theresa R

advised the officers that Respondent Cantero hit her with the back of his hand across

the mouth with the back of his right hand In the course of the investigation one of the

officers located two bottles of prescription medication in the trunk of Respondent

Canteros vehicle One bottle was sealed and contained 500 tablets of Vicodin and the

other opened bottle contained Tylenol 4 with Codeine The Tylenol 4 with Codeine

bottle was labeled as having 500 tablets in it however only 482 tablets were found

Subsequently Respondent Cantero was arrested Respondent Cantero was employed

at Skilled Care Pharmacy Pasadena at the time of his arrest

20B Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code for unprofessional conduct as defined in section

4301 (I) of the Code as follows

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violating Section 415( 1) of the Penal Code (unlawful fight

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in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

The circumstances of the conviction are substantially related to the

qualifications functions or duties of a registered pharmacy technician as defined by

Section 4115 of the Code and Title 16 California Code of Regulations section 17932

in that it evidences to a substantial degree a present or potential unfitness on the part of

Respondent Cantero to perform the functions authorized by his registration in a manner

consistent with the public health safety or welfare when on or about February 14

1996 in the City of Brea he engaged in a fight in a public place with Theresa R as

described in paragraph 20A above

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more than 41000

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dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

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C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 21 22 23 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

licensed area

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)

PRAYER

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 Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

2 Ordering DAVID DONNY CANTERO to pay the Board of Pharmacy

the reasonable costs of the investigation and enforcement of this case pursuant to

Business and Professions Code Section 1253

3 Taking such other and further action as deemed necessary and

proper

DATED _~I-z~1-3--+_O-1____

oyPA~~Executive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 120301 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

Case No 2048

FIRST AMENDED

ACCUSATION

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JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No 10551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

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number PHY 419521bull

3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit Number PHY 41952 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti was the Pharmacist-In-Charge from December 18

1997 to March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia

was cancelled on March 14 2001

4 On or about March 14 2001 the Board of Pharmacy issued

Original Pharmacy Permit Number 43874 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91106 (Respondent Skilled Care Pharmacy Monrovia 11)2

Respondent Shruty Chaterjee Parti has been the Pharmacist-in-Charge since

March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia II will

expire on March 1 2002 unless renewed

5 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena D~ive Suite 100 Pasadena California 91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

2 Under an agreement similar to that described in footnote 1 a change of ownership was approved under pharmacy permit number 43874 on or about March 142001

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(Respondent Parti) The license will expire on October 312002 unless renewed

6 On or about January 13 1986 the Board of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 312003 unless renewed

7 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

8 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 31 2003 unless

renewed

JURISDICTION

9 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

10 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

11 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

(j) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

12 Section 4081(a) of the Code in pertinent part provides that a

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current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

13 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

14 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

15 Section 4116 of the Code states that no person other than a

pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled SUbstances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

16 Title 16 California Code of Regulations section 17-14 in relevant

part states

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including prOVisions for effective control against theft or

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diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

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[APAP] 500 mg) is a dqngerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled sUbstance schedule III as listed in

Health and Safety Code Section 11 056( e )(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled sUbstance

schedule IV as listed in Health and Safety Code Section 11057 (e)( 1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

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Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested Respondent Cantero was employed at Skilled Care Pharmacy Pasadena

at the time of his arrest

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415(1) of the Penal Code (unlawful

fight in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North Judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area~ The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

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staff supervisionmiddot An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more tha n 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

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A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 212223 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

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licensed area

PRAYER

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 Original Pharmacy Permit No PHY

43874 issued to SKILLED CARE PHARMACY MONROVIA II

2 Revoking or suspending Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

3 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

4 Revoking or suspending Original Pharmacy Technician

Registration TCH No1 0551 issued to DAVID DONNY CANTERO

5 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

6 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

7 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

8 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY MONROVIA II SKILLED CARE PHARMACY PASADENA DAVID

DONNY CANTERO SHRUTY CHATERJEE PARTI SCOTT RICHARD PRESTON and

JESSE FELIX MARTINEZ to pay the Board of Pharmacy the reasonable costs of the

investigation and enforcement of this case pursuant to Business and Professions Code

Section 1253

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9 Taking such other and further action as deemed necessary and

proper

DATED _--+hLI-I-~~o-+-___I I

far PATR CIA F HA RIS Execu ive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 062001 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

scon RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

Case No 2048

ACCUSATION

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DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No1 0551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521bull

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California

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3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit License PHY Number 41952 to Summit Care Pharmacy Inc

to do business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti has been the Pharmacist-In-Charge since

December 18 1997 The license of Respondent Skilled Care Pharmacy Monrovia will

expire on December 12001 unless renewed

4 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 31 2002 unless renewed

5 On or about Janual Y13 1986 the Boal ~ of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 31 2003 unless renewed

6 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

7 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 312001 unless

renewed

91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

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JURISDICTION

8 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

9 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

10 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

11 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

12 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

13 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14 Section 4116 of the Code states that no person other than a

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No 10551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Second Amended

Accusation (as to respondent David Donny Cantero only) solely in her official capacity

as the Executive Officer of the Board of Pharmacy Department of Consumer Affairs

This Second Amended Accusation does not supercede the allegations filed or prayers

sought against the other respondents in the Accusation or First Amended Accusation

filed in case number 2048

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williamsfrom January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-Inshy

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Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521

3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit Number PHY 41952 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovialt)

Respondent Shruty Chaterjee Parti was the Pharmacist-In-Charge from December 18

1997 to March 142001 The license of Respondent Skilled Care Pharmacy Monrovia

was canceled on March 142001

4 On or about March 14 2001 the Board of Pharmacy issued

Original Pharmacy Permit Number 43874 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91106 (Respondent Skilled Care Pharmacy Monrovia 11)2

Respondent Shruty Chaterjee Parti has been the Pharmacist-in-Charge since

March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia II will

1 On or about February 28 1997 Respondent $killed Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California 91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

2 Under an agreement similar to that described in footnote 1 a change of ownership was approved under pharmacy permit number 43874 on or about March 14 2001

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expire on March 1 2002 unless renewed

5 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 312002 unless renewed

6 On or about January 13 1986 the Board of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 312003 unless renewed

7 On or about July 291977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2003 unless renewed

8 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 31 2003 unless

renewed

JURISDICTION

9 This Second Amended Accusation is brought before the Board of

Pharmacy (Board) under the authority of the following sections of the Business and

Professions Code (Code)

1O Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

11 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(I) The conviction of a crime substantially related to the qualifications

functions and duties of a licensee

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(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

12 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

13 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

14A Section 4060 of the Code states that no person sha II possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14B Section 11350(a) of the Health and Safety Code provides that

except as otherwise provided in Division 10 of the Health and Safety Code every

person who possesses (a) any controlled substance specified in subdivision (b) or (c)

or paragraph (1) of subdivision (f) of Section 11054 specified in paragraph (14) (15) or

(20) of subdivision (d) of Section 11054 or specified in subdivision (b) (c) or (g) of

Section 11055 or (2) any controlled substance classi~ed in Schedule III IV orV which

is a narcotic drug unless upon the written prescription of a physician dentist podiatrist

or veterinarian licensed to practice in this state shall be punished by imprisonment in

the state prison

15 Section 4116 of the Code states that no person other than a

pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

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dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

16 Title 16 California Code of Regulations section 1714 in relevant

part states

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

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strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11 056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11 056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11 056(e)(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

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Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled su bstance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20A Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code for unprofessional conduct as defined in section

4301 U) of the Code for a violation of Section 4060 of the Code and Section 11350(a) of

the Health and Safety Code as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Theresa R stated that prior to the

officers arrival she attempted to flee middotfrom Respondent Canteros vehicle but he locked

the electric door locks on the vehicle and did not allow her to exit the vehicle Upon

their arrival officers observed Theresa Rs lip bleeding and swollen Theresa R

advised the officers that Respondent Cantero hit her with the back of his hand across

the mouth with the back of his right hand In the course of the investigation one of the

officers located two bottles of prescription medication in the trunk of Respondent

Canteros vehicle One bottle was sealed and contained 500 tablets of Vicodin and the

other opened bottle contained Tylenol 4 with Codeine The Tylenol 4 with Codeine

bottle was labeled as having 500 tablets in it however only 482 tablets were found

Subsequently Respondent Cantero was arrested Respondent Cantero was employed

at Skilled Care Pharmacy Pasadena at the time of his arrest

20B Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code for unprofessional conduct as defined in section

4301 (I) of the Code as follows

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violating Section 415( 1) of the Penal Code (unlawful fight

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in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

The circumstances of the conviction are substantially related to the

qualifications functions or duties of a registered pharmacy technician as defined by

Section 4115 of the Code and Title 16 California Code of Regulations section 17932

in that it evidences to a substantial degree a present or potential unfitness on the part of

Respondent Cantero to perform the functions authorized by his registration in a manner

consistent with the public health safety or welfare when on or about February 14

1996 in the City of Brea he engaged in a fight in a public place with Theresa R as

described in paragraph 20A above

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more than 41000

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dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

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C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 21 22 23 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

licensed area

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)

PRAYER

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 Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

2 Ordering DAVID DONNY CANTERO to pay the Board of Pharmacy

the reasonable costs of the investigation and enforcement of this case pursuant to

Business and Professions Code Section 1253

3 Taking such other and further action as deemed necessary and

proper

DATED _~I-z~1-3--+_O-1____

oyPA~~Executive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 120301 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

Case No 2048

FIRST AMENDED

ACCUSATION

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JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No 10551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

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number PHY 419521bull

3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit Number PHY 41952 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti was the Pharmacist-In-Charge from December 18

1997 to March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia

was cancelled on March 14 2001

4 On or about March 14 2001 the Board of Pharmacy issued

Original Pharmacy Permit Number 43874 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91106 (Respondent Skilled Care Pharmacy Monrovia 11)2

Respondent Shruty Chaterjee Parti has been the Pharmacist-in-Charge since

March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia II will

expire on March 1 2002 unless renewed

5 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena D~ive Suite 100 Pasadena California 91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

2 Under an agreement similar to that described in footnote 1 a change of ownership was approved under pharmacy permit number 43874 on or about March 142001

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(Respondent Parti) The license will expire on October 312002 unless renewed

6 On or about January 13 1986 the Board of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 312003 unless renewed

7 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

8 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 31 2003 unless

renewed

JURISDICTION

9 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

10 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

11 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

(j) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

12 Section 4081(a) of the Code in pertinent part provides that a

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current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

13 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

14 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

15 Section 4116 of the Code states that no person other than a

pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled SUbstances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

16 Title 16 California Code of Regulations section 17-14 in relevant

part states

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including prOVisions for effective control against theft or

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diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

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[APAP] 500 mg) is a dqngerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled sUbstance schedule III as listed in

Health and Safety Code Section 11 056( e )(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled sUbstance

schedule IV as listed in Health and Safety Code Section 11057 (e)( 1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

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Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested Respondent Cantero was employed at Skilled Care Pharmacy Pasadena

at the time of his arrest

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415(1) of the Penal Code (unlawful

fight in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North Judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area~ The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

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staff supervisionmiddot An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more tha n 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

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A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 212223 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

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licensed area

PRAYER

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 Original Pharmacy Permit No PHY

43874 issued to SKILLED CARE PHARMACY MONROVIA II

2 Revoking or suspending Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

3 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

4 Revoking or suspending Original Pharmacy Technician

Registration TCH No1 0551 issued to DAVID DONNY CANTERO

5 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

6 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

7 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

8 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY MONROVIA II SKILLED CARE PHARMACY PASADENA DAVID

DONNY CANTERO SHRUTY CHATERJEE PARTI SCOTT RICHARD PRESTON and

JESSE FELIX MARTINEZ to pay the Board of Pharmacy the reasonable costs of the

investigation and enforcement of this case pursuant to Business and Professions Code

Section 1253

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9 Taking such other and further action as deemed necessary and

proper

DATED _--+hLI-I-~~o-+-___I I

far PATR CIA F HA RIS Execu ive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 062001 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

scon RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

Case No 2048

ACCUSATION

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DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No1 0551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521bull

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California

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3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit License PHY Number 41952 to Summit Care Pharmacy Inc

to do business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti has been the Pharmacist-In-Charge since

December 18 1997 The license of Respondent Skilled Care Pharmacy Monrovia will

expire on December 12001 unless renewed

4 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 31 2002 unless renewed

5 On or about Janual Y13 1986 the Boal ~ of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 31 2003 unless renewed

6 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

7 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 312001 unless

renewed

91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

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JURISDICTION

8 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

9 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

10 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

11 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

12 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

13 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14 Section 4116 of the Code states that no person other than a

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521

3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit Number PHY 41952 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovialt)

Respondent Shruty Chaterjee Parti was the Pharmacist-In-Charge from December 18

1997 to March 142001 The license of Respondent Skilled Care Pharmacy Monrovia

was canceled on March 142001

4 On or about March 14 2001 the Board of Pharmacy issued

Original Pharmacy Permit Number 43874 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91106 (Respondent Skilled Care Pharmacy Monrovia 11)2

Respondent Shruty Chaterjee Parti has been the Pharmacist-in-Charge since

March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia II will

1 On or about February 28 1997 Respondent $killed Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California 91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

2 Under an agreement similar to that described in footnote 1 a change of ownership was approved under pharmacy permit number 43874 on or about March 14 2001

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expire on March 1 2002 unless renewed

5 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 312002 unless renewed

6 On or about January 13 1986 the Board of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 312003 unless renewed

7 On or about July 291977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2003 unless renewed

8 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 31 2003 unless

renewed

JURISDICTION

9 This Second Amended Accusation is brought before the Board of

Pharmacy (Board) under the authority of the following sections of the Business and

Professions Code (Code)

1O Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

11 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(I) The conviction of a crime substantially related to the qualifications

functions and duties of a licensee

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(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

12 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

13 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

14A Section 4060 of the Code states that no person sha II possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14B Section 11350(a) of the Health and Safety Code provides that

except as otherwise provided in Division 10 of the Health and Safety Code every

person who possesses (a) any controlled substance specified in subdivision (b) or (c)

or paragraph (1) of subdivision (f) of Section 11054 specified in paragraph (14) (15) or

(20) of subdivision (d) of Section 11054 or specified in subdivision (b) (c) or (g) of

Section 11055 or (2) any controlled substance classi~ed in Schedule III IV orV which

is a narcotic drug unless upon the written prescription of a physician dentist podiatrist

or veterinarian licensed to practice in this state shall be punished by imprisonment in

the state prison

15 Section 4116 of the Code states that no person other than a

pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

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dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

16 Title 16 California Code of Regulations section 1714 in relevant

part states

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

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strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11 056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11 056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11 056(e)(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

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Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled su bstance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20A Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code for unprofessional conduct as defined in section

4301 U) of the Code for a violation of Section 4060 of the Code and Section 11350(a) of

the Health and Safety Code as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Theresa R stated that prior to the

officers arrival she attempted to flee middotfrom Respondent Canteros vehicle but he locked

the electric door locks on the vehicle and did not allow her to exit the vehicle Upon

their arrival officers observed Theresa Rs lip bleeding and swollen Theresa R

advised the officers that Respondent Cantero hit her with the back of his hand across

the mouth with the back of his right hand In the course of the investigation one of the

officers located two bottles of prescription medication in the trunk of Respondent

Canteros vehicle One bottle was sealed and contained 500 tablets of Vicodin and the

other opened bottle contained Tylenol 4 with Codeine The Tylenol 4 with Codeine

bottle was labeled as having 500 tablets in it however only 482 tablets were found

Subsequently Respondent Cantero was arrested Respondent Cantero was employed

at Skilled Care Pharmacy Pasadena at the time of his arrest

20B Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code for unprofessional conduct as defined in section

4301 (I) of the Code as follows

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violating Section 415( 1) of the Penal Code (unlawful fight

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in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

The circumstances of the conviction are substantially related to the

qualifications functions or duties of a registered pharmacy technician as defined by

Section 4115 of the Code and Title 16 California Code of Regulations section 17932

in that it evidences to a substantial degree a present or potential unfitness on the part of

Respondent Cantero to perform the functions authorized by his registration in a manner

consistent with the public health safety or welfare when on or about February 14

1996 in the City of Brea he engaged in a fight in a public place with Theresa R as

described in paragraph 20A above

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more than 41000

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dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

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C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 21 22 23 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

licensed area

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)

PRAYER

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 Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

2 Ordering DAVID DONNY CANTERO to pay the Board of Pharmacy

the reasonable costs of the investigation and enforcement of this case pursuant to

Business and Professions Code Section 1253

3 Taking such other and further action as deemed necessary and

proper

DATED _~I-z~1-3--+_O-1____

oyPA~~Executive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 120301 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

Case No 2048

FIRST AMENDED

ACCUSATION

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JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No 10551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

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number PHY 419521bull

3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit Number PHY 41952 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti was the Pharmacist-In-Charge from December 18

1997 to March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia

was cancelled on March 14 2001

4 On or about March 14 2001 the Board of Pharmacy issued

Original Pharmacy Permit Number 43874 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91106 (Respondent Skilled Care Pharmacy Monrovia 11)2

Respondent Shruty Chaterjee Parti has been the Pharmacist-in-Charge since

March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia II will

expire on March 1 2002 unless renewed

5 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena D~ive Suite 100 Pasadena California 91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

2 Under an agreement similar to that described in footnote 1 a change of ownership was approved under pharmacy permit number 43874 on or about March 142001

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(Respondent Parti) The license will expire on October 312002 unless renewed

6 On or about January 13 1986 the Board of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 312003 unless renewed

7 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

8 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 31 2003 unless

renewed

JURISDICTION

9 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

10 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

11 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

(j) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

12 Section 4081(a) of the Code in pertinent part provides that a

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current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

13 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

14 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

15 Section 4116 of the Code states that no person other than a

pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled SUbstances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

16 Title 16 California Code of Regulations section 17-14 in relevant

part states

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including prOVisions for effective control against theft or

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diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

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[APAP] 500 mg) is a dqngerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled sUbstance schedule III as listed in

Health and Safety Code Section 11 056( e )(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled sUbstance

schedule IV as listed in Health and Safety Code Section 11057 (e)( 1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

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Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested Respondent Cantero was employed at Skilled Care Pharmacy Pasadena

at the time of his arrest

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415(1) of the Penal Code (unlawful

fight in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North Judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area~ The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

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staff supervisionmiddot An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more tha n 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

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A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 212223 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

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licensed area

PRAYER

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 Original Pharmacy Permit No PHY

43874 issued to SKILLED CARE PHARMACY MONROVIA II

2 Revoking or suspending Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

3 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

4 Revoking or suspending Original Pharmacy Technician

Registration TCH No1 0551 issued to DAVID DONNY CANTERO

5 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

6 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

7 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

8 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY MONROVIA II SKILLED CARE PHARMACY PASADENA DAVID

DONNY CANTERO SHRUTY CHATERJEE PARTI SCOTT RICHARD PRESTON and

JESSE FELIX MARTINEZ to pay the Board of Pharmacy the reasonable costs of the

investigation and enforcement of this case pursuant to Business and Professions Code

Section 1253

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9 Taking such other and further action as deemed necessary and

proper

DATED _--+hLI-I-~~o-+-___I I

far PATR CIA F HA RIS Execu ive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 062001 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

scon RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

Case No 2048

ACCUSATION

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DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No1 0551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521bull

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California

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3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit License PHY Number 41952 to Summit Care Pharmacy Inc

to do business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti has been the Pharmacist-In-Charge since

December 18 1997 The license of Respondent Skilled Care Pharmacy Monrovia will

expire on December 12001 unless renewed

4 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 31 2002 unless renewed

5 On or about Janual Y13 1986 the Boal ~ of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 31 2003 unless renewed

6 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

7 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 312001 unless

renewed

91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

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JURISDICTION

8 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

9 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

10 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

11 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

12 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

13 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14 Section 4116 of the Code states that no person other than a

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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expire on March 1 2002 unless renewed

5 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 312002 unless renewed

6 On or about January 13 1986 the Board of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 312003 unless renewed

7 On or about July 291977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2003 unless renewed

8 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 31 2003 unless

renewed

JURISDICTION

9 This Second Amended Accusation is brought before the Board of

Pharmacy (Board) under the authority of the following sections of the Business and

Professions Code (Code)

1O Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

11 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(I) The conviction of a crime substantially related to the qualifications

functions and duties of a licensee

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(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

12 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

13 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

14A Section 4060 of the Code states that no person sha II possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14B Section 11350(a) of the Health and Safety Code provides that

except as otherwise provided in Division 10 of the Health and Safety Code every

person who possesses (a) any controlled substance specified in subdivision (b) or (c)

or paragraph (1) of subdivision (f) of Section 11054 specified in paragraph (14) (15) or

(20) of subdivision (d) of Section 11054 or specified in subdivision (b) (c) or (g) of

Section 11055 or (2) any controlled substance classi~ed in Schedule III IV orV which

is a narcotic drug unless upon the written prescription of a physician dentist podiatrist

or veterinarian licensed to practice in this state shall be punished by imprisonment in

the state prison

15 Section 4116 of the Code states that no person other than a

pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

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dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

16 Title 16 California Code of Regulations section 1714 in relevant

part states

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

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strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11 056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11 056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11 056(e)(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

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Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled su bstance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20A Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code for unprofessional conduct as defined in section

4301 U) of the Code for a violation of Section 4060 of the Code and Section 11350(a) of

the Health and Safety Code as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Theresa R stated that prior to the

officers arrival she attempted to flee middotfrom Respondent Canteros vehicle but he locked

the electric door locks on the vehicle and did not allow her to exit the vehicle Upon

their arrival officers observed Theresa Rs lip bleeding and swollen Theresa R

advised the officers that Respondent Cantero hit her with the back of his hand across

the mouth with the back of his right hand In the course of the investigation one of the

officers located two bottles of prescription medication in the trunk of Respondent

Canteros vehicle One bottle was sealed and contained 500 tablets of Vicodin and the

other opened bottle contained Tylenol 4 with Codeine The Tylenol 4 with Codeine

bottle was labeled as having 500 tablets in it however only 482 tablets were found

Subsequently Respondent Cantero was arrested Respondent Cantero was employed

at Skilled Care Pharmacy Pasadena at the time of his arrest

20B Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code for unprofessional conduct as defined in section

4301 (I) of the Code as follows

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violating Section 415( 1) of the Penal Code (unlawful fight

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in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

The circumstances of the conviction are substantially related to the

qualifications functions or duties of a registered pharmacy technician as defined by

Section 4115 of the Code and Title 16 California Code of Regulations section 17932

in that it evidences to a substantial degree a present or potential unfitness on the part of

Respondent Cantero to perform the functions authorized by his registration in a manner

consistent with the public health safety or welfare when on or about February 14

1996 in the City of Brea he engaged in a fight in a public place with Theresa R as

described in paragraph 20A above

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more than 41000

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dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

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C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 21 22 23 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

licensed area

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)

PRAYER

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 Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

2 Ordering DAVID DONNY CANTERO to pay the Board of Pharmacy

the reasonable costs of the investigation and enforcement of this case pursuant to

Business and Professions Code Section 1253

3 Taking such other and further action as deemed necessary and

proper

DATED _~I-z~1-3--+_O-1____

oyPA~~Executive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 120301 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

Case No 2048

FIRST AMENDED

ACCUSATION

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JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No 10551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

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number PHY 419521bull

3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit Number PHY 41952 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti was the Pharmacist-In-Charge from December 18

1997 to March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia

was cancelled on March 14 2001

4 On or about March 14 2001 the Board of Pharmacy issued

Original Pharmacy Permit Number 43874 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91106 (Respondent Skilled Care Pharmacy Monrovia 11)2

Respondent Shruty Chaterjee Parti has been the Pharmacist-in-Charge since

March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia II will

expire on March 1 2002 unless renewed

5 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena D~ive Suite 100 Pasadena California 91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

2 Under an agreement similar to that described in footnote 1 a change of ownership was approved under pharmacy permit number 43874 on or about March 142001

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(Respondent Parti) The license will expire on October 312002 unless renewed

6 On or about January 13 1986 the Board of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 312003 unless renewed

7 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

8 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 31 2003 unless

renewed

JURISDICTION

9 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

10 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

11 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

(j) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

12 Section 4081(a) of the Code in pertinent part provides that a

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current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

13 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

14 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

15 Section 4116 of the Code states that no person other than a

pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled SUbstances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

16 Title 16 California Code of Regulations section 17-14 in relevant

part states

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including prOVisions for effective control against theft or

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diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

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[APAP] 500 mg) is a dqngerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled sUbstance schedule III as listed in

Health and Safety Code Section 11 056( e )(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled sUbstance

schedule IV as listed in Health and Safety Code Section 11057 (e)( 1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

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Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested Respondent Cantero was employed at Skilled Care Pharmacy Pasadena

at the time of his arrest

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415(1) of the Penal Code (unlawful

fight in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North Judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area~ The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

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staff supervisionmiddot An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more tha n 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

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A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 212223 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

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licensed area

PRAYER

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 Original Pharmacy Permit No PHY

43874 issued to SKILLED CARE PHARMACY MONROVIA II

2 Revoking or suspending Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

3 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

4 Revoking or suspending Original Pharmacy Technician

Registration TCH No1 0551 issued to DAVID DONNY CANTERO

5 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

6 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

7 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

8 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY MONROVIA II SKILLED CARE PHARMACY PASADENA DAVID

DONNY CANTERO SHRUTY CHATERJEE PARTI SCOTT RICHARD PRESTON and

JESSE FELIX MARTINEZ to pay the Board of Pharmacy the reasonable costs of the

investigation and enforcement of this case pursuant to Business and Professions Code

Section 1253

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9 Taking such other and further action as deemed necessary and

proper

DATED _--+hLI-I-~~o-+-___I I

far PATR CIA F HA RIS Execu ive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 062001 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

scon RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

Case No 2048

ACCUSATION

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DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No1 0551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521bull

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California

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3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit License PHY Number 41952 to Summit Care Pharmacy Inc

to do business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti has been the Pharmacist-In-Charge since

December 18 1997 The license of Respondent Skilled Care Pharmacy Monrovia will

expire on December 12001 unless renewed

4 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 31 2002 unless renewed

5 On or about Janual Y13 1986 the Boal ~ of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 31 2003 unless renewed

6 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

7 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 312001 unless

renewed

91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

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JURISDICTION

8 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

9 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

10 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

11 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

12 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

13 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14 Section 4116 of the Code states that no person other than a

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

12 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

13 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

14A Section 4060 of the Code states that no person sha II possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14B Section 11350(a) of the Health and Safety Code provides that

except as otherwise provided in Division 10 of the Health and Safety Code every

person who possesses (a) any controlled substance specified in subdivision (b) or (c)

or paragraph (1) of subdivision (f) of Section 11054 specified in paragraph (14) (15) or

(20) of subdivision (d) of Section 11054 or specified in subdivision (b) (c) or (g) of

Section 11055 or (2) any controlled substance classi~ed in Schedule III IV orV which

is a narcotic drug unless upon the written prescription of a physician dentist podiatrist

or veterinarian licensed to practice in this state shall be punished by imprisonment in

the state prison

15 Section 4116 of the Code states that no person other than a

pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

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dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

16 Title 16 California Code of Regulations section 1714 in relevant

part states

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

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strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11 056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11 056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11 056(e)(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

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Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled su bstance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20A Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code for unprofessional conduct as defined in section

4301 U) of the Code for a violation of Section 4060 of the Code and Section 11350(a) of

the Health and Safety Code as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Theresa R stated that prior to the

officers arrival she attempted to flee middotfrom Respondent Canteros vehicle but he locked

the electric door locks on the vehicle and did not allow her to exit the vehicle Upon

their arrival officers observed Theresa Rs lip bleeding and swollen Theresa R

advised the officers that Respondent Cantero hit her with the back of his hand across

the mouth with the back of his right hand In the course of the investigation one of the

officers located two bottles of prescription medication in the trunk of Respondent

Canteros vehicle One bottle was sealed and contained 500 tablets of Vicodin and the

other opened bottle contained Tylenol 4 with Codeine The Tylenol 4 with Codeine

bottle was labeled as having 500 tablets in it however only 482 tablets were found

Subsequently Respondent Cantero was arrested Respondent Cantero was employed

at Skilled Care Pharmacy Pasadena at the time of his arrest

20B Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code for unprofessional conduct as defined in section

4301 (I) of the Code as follows

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violating Section 415( 1) of the Penal Code (unlawful fight

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in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

The circumstances of the conviction are substantially related to the

qualifications functions or duties of a registered pharmacy technician as defined by

Section 4115 of the Code and Title 16 California Code of Regulations section 17932

in that it evidences to a substantial degree a present or potential unfitness on the part of

Respondent Cantero to perform the functions authorized by his registration in a manner

consistent with the public health safety or welfare when on or about February 14

1996 in the City of Brea he engaged in a fight in a public place with Theresa R as

described in paragraph 20A above

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more than 41000

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dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

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C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 21 22 23 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

licensed area

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)

PRAYER

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 Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

2 Ordering DAVID DONNY CANTERO to pay the Board of Pharmacy

the reasonable costs of the investigation and enforcement of this case pursuant to

Business and Professions Code Section 1253

3 Taking such other and further action as deemed necessary and

proper

DATED _~I-z~1-3--+_O-1____

oyPA~~Executive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 120301 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

Case No 2048

FIRST AMENDED

ACCUSATION

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JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No 10551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

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number PHY 419521bull

3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit Number PHY 41952 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti was the Pharmacist-In-Charge from December 18

1997 to March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia

was cancelled on March 14 2001

4 On or about March 14 2001 the Board of Pharmacy issued

Original Pharmacy Permit Number 43874 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91106 (Respondent Skilled Care Pharmacy Monrovia 11)2

Respondent Shruty Chaterjee Parti has been the Pharmacist-in-Charge since

March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia II will

expire on March 1 2002 unless renewed

5 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena D~ive Suite 100 Pasadena California 91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

2 Under an agreement similar to that described in footnote 1 a change of ownership was approved under pharmacy permit number 43874 on or about March 142001

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(Respondent Parti) The license will expire on October 312002 unless renewed

6 On or about January 13 1986 the Board of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 312003 unless renewed

7 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

8 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 31 2003 unless

renewed

JURISDICTION

9 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

10 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

11 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

(j) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

12 Section 4081(a) of the Code in pertinent part provides that a

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current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

13 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

14 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

15 Section 4116 of the Code states that no person other than a

pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled SUbstances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

16 Title 16 California Code of Regulations section 17-14 in relevant

part states

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including prOVisions for effective control against theft or

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diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

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[APAP] 500 mg) is a dqngerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled sUbstance schedule III as listed in

Health and Safety Code Section 11 056( e )(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled sUbstance

schedule IV as listed in Health and Safety Code Section 11057 (e)( 1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

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Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested Respondent Cantero was employed at Skilled Care Pharmacy Pasadena

at the time of his arrest

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415(1) of the Penal Code (unlawful

fight in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North Judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area~ The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

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staff supervisionmiddot An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more tha n 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

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A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 212223 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

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licensed area

PRAYER

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 Original Pharmacy Permit No PHY

43874 issued to SKILLED CARE PHARMACY MONROVIA II

2 Revoking or suspending Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

3 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

4 Revoking or suspending Original Pharmacy Technician

Registration TCH No1 0551 issued to DAVID DONNY CANTERO

5 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

6 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

7 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

8 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY MONROVIA II SKILLED CARE PHARMACY PASADENA DAVID

DONNY CANTERO SHRUTY CHATERJEE PARTI SCOTT RICHARD PRESTON and

JESSE FELIX MARTINEZ to pay the Board of Pharmacy the reasonable costs of the

investigation and enforcement of this case pursuant to Business and Professions Code

Section 1253

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9 Taking such other and further action as deemed necessary and

proper

DATED _--+hLI-I-~~o-+-___I I

far PATR CIA F HA RIS Execu ive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 062001 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

scon RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

Case No 2048

ACCUSATION

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DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No1 0551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521bull

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California

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3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit License PHY Number 41952 to Summit Care Pharmacy Inc

to do business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti has been the Pharmacist-In-Charge since

December 18 1997 The license of Respondent Skilled Care Pharmacy Monrovia will

expire on December 12001 unless renewed

4 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 31 2002 unless renewed

5 On or about Janual Y13 1986 the Boal ~ of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 31 2003 unless renewed

6 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

7 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 312001 unless

renewed

91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

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JURISDICTION

8 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

9 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

10 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

11 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

12 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

13 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14 Section 4116 of the Code states that no person other than a

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

16 Title 16 California Code of Regulations section 1714 in relevant

part states

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

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strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11 056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11 056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11 056(e)(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

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Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled su bstance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20A Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code for unprofessional conduct as defined in section

4301 U) of the Code for a violation of Section 4060 of the Code and Section 11350(a) of

the Health and Safety Code as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Theresa R stated that prior to the

officers arrival she attempted to flee middotfrom Respondent Canteros vehicle but he locked

the electric door locks on the vehicle and did not allow her to exit the vehicle Upon

their arrival officers observed Theresa Rs lip bleeding and swollen Theresa R

advised the officers that Respondent Cantero hit her with the back of his hand across

the mouth with the back of his right hand In the course of the investigation one of the

officers located two bottles of prescription medication in the trunk of Respondent

Canteros vehicle One bottle was sealed and contained 500 tablets of Vicodin and the

other opened bottle contained Tylenol 4 with Codeine The Tylenol 4 with Codeine

bottle was labeled as having 500 tablets in it however only 482 tablets were found

Subsequently Respondent Cantero was arrested Respondent Cantero was employed

at Skilled Care Pharmacy Pasadena at the time of his arrest

20B Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code for unprofessional conduct as defined in section

4301 (I) of the Code as follows

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violating Section 415( 1) of the Penal Code (unlawful fight

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in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

The circumstances of the conviction are substantially related to the

qualifications functions or duties of a registered pharmacy technician as defined by

Section 4115 of the Code and Title 16 California Code of Regulations section 17932

in that it evidences to a substantial degree a present or potential unfitness on the part of

Respondent Cantero to perform the functions authorized by his registration in a manner

consistent with the public health safety or welfare when on or about February 14

1996 in the City of Brea he engaged in a fight in a public place with Theresa R as

described in paragraph 20A above

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more than 41000

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dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

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C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 21 22 23 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

licensed area

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)

PRAYER

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 Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

2 Ordering DAVID DONNY CANTERO to pay the Board of Pharmacy

the reasonable costs of the investigation and enforcement of this case pursuant to

Business and Professions Code Section 1253

3 Taking such other and further action as deemed necessary and

proper

DATED _~I-z~1-3--+_O-1____

oyPA~~Executive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 120301 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

Case No 2048

FIRST AMENDED

ACCUSATION

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JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No 10551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

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number PHY 419521bull

3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit Number PHY 41952 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti was the Pharmacist-In-Charge from December 18

1997 to March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia

was cancelled on March 14 2001

4 On or about March 14 2001 the Board of Pharmacy issued

Original Pharmacy Permit Number 43874 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91106 (Respondent Skilled Care Pharmacy Monrovia 11)2

Respondent Shruty Chaterjee Parti has been the Pharmacist-in-Charge since

March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia II will

expire on March 1 2002 unless renewed

5 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena D~ive Suite 100 Pasadena California 91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

2 Under an agreement similar to that described in footnote 1 a change of ownership was approved under pharmacy permit number 43874 on or about March 142001

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(Respondent Parti) The license will expire on October 312002 unless renewed

6 On or about January 13 1986 the Board of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 312003 unless renewed

7 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

8 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 31 2003 unless

renewed

JURISDICTION

9 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

10 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

11 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

(j) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

12 Section 4081(a) of the Code in pertinent part provides that a

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current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

13 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

14 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

15 Section 4116 of the Code states that no person other than a

pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled SUbstances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

16 Title 16 California Code of Regulations section 17-14 in relevant

part states

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including prOVisions for effective control against theft or

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diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

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[APAP] 500 mg) is a dqngerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled sUbstance schedule III as listed in

Health and Safety Code Section 11 056( e )(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled sUbstance

schedule IV as listed in Health and Safety Code Section 11057 (e)( 1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

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Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested Respondent Cantero was employed at Skilled Care Pharmacy Pasadena

at the time of his arrest

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415(1) of the Penal Code (unlawful

fight in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North Judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area~ The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

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staff supervisionmiddot An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more tha n 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

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A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 212223 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

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licensed area

PRAYER

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 Original Pharmacy Permit No PHY

43874 issued to SKILLED CARE PHARMACY MONROVIA II

2 Revoking or suspending Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

3 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

4 Revoking or suspending Original Pharmacy Technician

Registration TCH No1 0551 issued to DAVID DONNY CANTERO

5 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

6 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

7 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

8 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY MONROVIA II SKILLED CARE PHARMACY PASADENA DAVID

DONNY CANTERO SHRUTY CHATERJEE PARTI SCOTT RICHARD PRESTON and

JESSE FELIX MARTINEZ to pay the Board of Pharmacy the reasonable costs of the

investigation and enforcement of this case pursuant to Business and Professions Code

Section 1253

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9 Taking such other and further action as deemed necessary and

proper

DATED _--+hLI-I-~~o-+-___I I

far PATR CIA F HA RIS Execu ive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 062001 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

scon RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

Case No 2048

ACCUSATION

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DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No1 0551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521bull

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California

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3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit License PHY Number 41952 to Summit Care Pharmacy Inc

to do business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti has been the Pharmacist-In-Charge since

December 18 1997 The license of Respondent Skilled Care Pharmacy Monrovia will

expire on December 12001 unless renewed

4 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 31 2002 unless renewed

5 On or about Janual Y13 1986 the Boal ~ of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 31 2003 unless renewed

6 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

7 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 312001 unless

renewed

91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

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JURISDICTION

8 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

9 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

10 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

11 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

12 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

13 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14 Section 4116 of the Code states that no person other than a

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11 056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11 056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11 056(e)(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

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Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled su bstance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20A Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code for unprofessional conduct as defined in section

4301 U) of the Code for a violation of Section 4060 of the Code and Section 11350(a) of

the Health and Safety Code as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Theresa R stated that prior to the

officers arrival she attempted to flee middotfrom Respondent Canteros vehicle but he locked

the electric door locks on the vehicle and did not allow her to exit the vehicle Upon

their arrival officers observed Theresa Rs lip bleeding and swollen Theresa R

advised the officers that Respondent Cantero hit her with the back of his hand across

the mouth with the back of his right hand In the course of the investigation one of the

officers located two bottles of prescription medication in the trunk of Respondent

Canteros vehicle One bottle was sealed and contained 500 tablets of Vicodin and the

other opened bottle contained Tylenol 4 with Codeine The Tylenol 4 with Codeine

bottle was labeled as having 500 tablets in it however only 482 tablets were found

Subsequently Respondent Cantero was arrested Respondent Cantero was employed

at Skilled Care Pharmacy Pasadena at the time of his arrest

20B Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code for unprofessional conduct as defined in section

4301 (I) of the Code as follows

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violating Section 415( 1) of the Penal Code (unlawful fight

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in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

The circumstances of the conviction are substantially related to the

qualifications functions or duties of a registered pharmacy technician as defined by

Section 4115 of the Code and Title 16 California Code of Regulations section 17932

in that it evidences to a substantial degree a present or potential unfitness on the part of

Respondent Cantero to perform the functions authorized by his registration in a manner

consistent with the public health safety or welfare when on or about February 14

1996 in the City of Brea he engaged in a fight in a public place with Theresa R as

described in paragraph 20A above

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more than 41000

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dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

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C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 21 22 23 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

licensed area

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)

PRAYER

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 Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

2 Ordering DAVID DONNY CANTERO to pay the Board of Pharmacy

the reasonable costs of the investigation and enforcement of this case pursuant to

Business and Professions Code Section 1253

3 Taking such other and further action as deemed necessary and

proper

DATED _~I-z~1-3--+_O-1____

oyPA~~Executive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 120301 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

Case No 2048

FIRST AMENDED

ACCUSATION

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JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No 10551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

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number PHY 419521bull

3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit Number PHY 41952 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti was the Pharmacist-In-Charge from December 18

1997 to March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia

was cancelled on March 14 2001

4 On or about March 14 2001 the Board of Pharmacy issued

Original Pharmacy Permit Number 43874 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91106 (Respondent Skilled Care Pharmacy Monrovia 11)2

Respondent Shruty Chaterjee Parti has been the Pharmacist-in-Charge since

March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia II will

expire on March 1 2002 unless renewed

5 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena D~ive Suite 100 Pasadena California 91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

2 Under an agreement similar to that described in footnote 1 a change of ownership was approved under pharmacy permit number 43874 on or about March 142001

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(Respondent Parti) The license will expire on October 312002 unless renewed

6 On or about January 13 1986 the Board of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 312003 unless renewed

7 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

8 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 31 2003 unless

renewed

JURISDICTION

9 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

10 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

11 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

(j) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

12 Section 4081(a) of the Code in pertinent part provides that a

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current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

13 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

14 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

15 Section 4116 of the Code states that no person other than a

pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled SUbstances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

16 Title 16 California Code of Regulations section 17-14 in relevant

part states

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including prOVisions for effective control against theft or

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diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

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[APAP] 500 mg) is a dqngerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled sUbstance schedule III as listed in

Health and Safety Code Section 11 056( e )(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled sUbstance

schedule IV as listed in Health and Safety Code Section 11057 (e)( 1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

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Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested Respondent Cantero was employed at Skilled Care Pharmacy Pasadena

at the time of his arrest

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415(1) of the Penal Code (unlawful

fight in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North Judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area~ The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

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staff supervisionmiddot An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more tha n 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

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A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 212223 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

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licensed area

PRAYER

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 Original Pharmacy Permit No PHY

43874 issued to SKILLED CARE PHARMACY MONROVIA II

2 Revoking or suspending Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

3 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

4 Revoking or suspending Original Pharmacy Technician

Registration TCH No1 0551 issued to DAVID DONNY CANTERO

5 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

6 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

7 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

8 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY MONROVIA II SKILLED CARE PHARMACY PASADENA DAVID

DONNY CANTERO SHRUTY CHATERJEE PARTI SCOTT RICHARD PRESTON and

JESSE FELIX MARTINEZ to pay the Board of Pharmacy the reasonable costs of the

investigation and enforcement of this case pursuant to Business and Professions Code

Section 1253

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9 Taking such other and further action as deemed necessary and

proper

DATED _--+hLI-I-~~o-+-___I I

far PATR CIA F HA RIS Execu ive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 062001 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

scon RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

Case No 2048

ACCUSATION

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DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No1 0551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521bull

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California

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3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit License PHY Number 41952 to Summit Care Pharmacy Inc

to do business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti has been the Pharmacist-In-Charge since

December 18 1997 The license of Respondent Skilled Care Pharmacy Monrovia will

expire on December 12001 unless renewed

4 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 31 2002 unless renewed

5 On or about Janual Y13 1986 the Boal ~ of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 31 2003 unless renewed

6 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

7 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 312001 unless

renewed

91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

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JURISDICTION

8 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

9 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

10 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

11 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

12 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

13 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14 Section 4116 of the Code states that no person other than a

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled su bstance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20A Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code for unprofessional conduct as defined in section

4301 U) of the Code for a violation of Section 4060 of the Code and Section 11350(a) of

the Health and Safety Code as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Theresa R stated that prior to the

officers arrival she attempted to flee middotfrom Respondent Canteros vehicle but he locked

the electric door locks on the vehicle and did not allow her to exit the vehicle Upon

their arrival officers observed Theresa Rs lip bleeding and swollen Theresa R

advised the officers that Respondent Cantero hit her with the back of his hand across

the mouth with the back of his right hand In the course of the investigation one of the

officers located two bottles of prescription medication in the trunk of Respondent

Canteros vehicle One bottle was sealed and contained 500 tablets of Vicodin and the

other opened bottle contained Tylenol 4 with Codeine The Tylenol 4 with Codeine

bottle was labeled as having 500 tablets in it however only 482 tablets were found

Subsequently Respondent Cantero was arrested Respondent Cantero was employed

at Skilled Care Pharmacy Pasadena at the time of his arrest

20B Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code for unprofessional conduct as defined in section

4301 (I) of the Code as follows

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violating Section 415( 1) of the Penal Code (unlawful fight

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in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

The circumstances of the conviction are substantially related to the

qualifications functions or duties of a registered pharmacy technician as defined by

Section 4115 of the Code and Title 16 California Code of Regulations section 17932

in that it evidences to a substantial degree a present or potential unfitness on the part of

Respondent Cantero to perform the functions authorized by his registration in a manner

consistent with the public health safety or welfare when on or about February 14

1996 in the City of Brea he engaged in a fight in a public place with Theresa R as

described in paragraph 20A above

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more than 41000

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dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

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C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 21 22 23 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

licensed area

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)

PRAYER

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 Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

2 Ordering DAVID DONNY CANTERO to pay the Board of Pharmacy

the reasonable costs of the investigation and enforcement of this case pursuant to

Business and Professions Code Section 1253

3 Taking such other and further action as deemed necessary and

proper

DATED _~I-z~1-3--+_O-1____

oyPA~~Executive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 120301 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

Case No 2048

FIRST AMENDED

ACCUSATION

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JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No 10551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

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number PHY 419521bull

3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit Number PHY 41952 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti was the Pharmacist-In-Charge from December 18

1997 to March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia

was cancelled on March 14 2001

4 On or about March 14 2001 the Board of Pharmacy issued

Original Pharmacy Permit Number 43874 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91106 (Respondent Skilled Care Pharmacy Monrovia 11)2

Respondent Shruty Chaterjee Parti has been the Pharmacist-in-Charge since

March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia II will

expire on March 1 2002 unless renewed

5 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena D~ive Suite 100 Pasadena California 91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

2 Under an agreement similar to that described in footnote 1 a change of ownership was approved under pharmacy permit number 43874 on or about March 142001

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(Respondent Parti) The license will expire on October 312002 unless renewed

6 On or about January 13 1986 the Board of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 312003 unless renewed

7 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

8 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 31 2003 unless

renewed

JURISDICTION

9 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

10 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

11 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

(j) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

12 Section 4081(a) of the Code in pertinent part provides that a

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current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

13 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

14 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

15 Section 4116 of the Code states that no person other than a

pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled SUbstances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

16 Title 16 California Code of Regulations section 17-14 in relevant

part states

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including prOVisions for effective control against theft or

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diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

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[APAP] 500 mg) is a dqngerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled sUbstance schedule III as listed in

Health and Safety Code Section 11 056( e )(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled sUbstance

schedule IV as listed in Health and Safety Code Section 11057 (e)( 1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

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Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested Respondent Cantero was employed at Skilled Care Pharmacy Pasadena

at the time of his arrest

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415(1) of the Penal Code (unlawful

fight in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North Judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area~ The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

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staff supervisionmiddot An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more tha n 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

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A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 212223 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

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licensed area

PRAYER

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 Original Pharmacy Permit No PHY

43874 issued to SKILLED CARE PHARMACY MONROVIA II

2 Revoking or suspending Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

3 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

4 Revoking or suspending Original Pharmacy Technician

Registration TCH No1 0551 issued to DAVID DONNY CANTERO

5 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

6 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

7 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

8 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY MONROVIA II SKILLED CARE PHARMACY PASADENA DAVID

DONNY CANTERO SHRUTY CHATERJEE PARTI SCOTT RICHARD PRESTON and

JESSE FELIX MARTINEZ to pay the Board of Pharmacy the reasonable costs of the

investigation and enforcement of this case pursuant to Business and Professions Code

Section 1253

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9 Taking such other and further action as deemed necessary and

proper

DATED _--+hLI-I-~~o-+-___I I

far PATR CIA F HA RIS Execu ive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 062001 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

scon RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

Case No 2048

ACCUSATION

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DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No1 0551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521bull

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California

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3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit License PHY Number 41952 to Summit Care Pharmacy Inc

to do business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti has been the Pharmacist-In-Charge since

December 18 1997 The license of Respondent Skilled Care Pharmacy Monrovia will

expire on December 12001 unless renewed

4 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 31 2002 unless renewed

5 On or about Janual Y13 1986 the Boal ~ of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 31 2003 unless renewed

6 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

7 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 312001 unless

renewed

91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

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JURISDICTION

8 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

9 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

10 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

11 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

12 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

13 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14 Section 4116 of the Code states that no person other than a

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

The circumstances of the conviction are substantially related to the

qualifications functions or duties of a registered pharmacy technician as defined by

Section 4115 of the Code and Title 16 California Code of Regulations section 17932

in that it evidences to a substantial degree a present or potential unfitness on the part of

Respondent Cantero to perform the functions authorized by his registration in a manner

consistent with the public health safety or welfare when on or about February 14

1996 in the City of Brea he engaged in a fight in a public place with Theresa R as

described in paragraph 20A above

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more than 41000

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dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

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C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 21 22 23 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

licensed area

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)

PRAYER

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 Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

2 Ordering DAVID DONNY CANTERO to pay the Board of Pharmacy

the reasonable costs of the investigation and enforcement of this case pursuant to

Business and Professions Code Section 1253

3 Taking such other and further action as deemed necessary and

proper

DATED _~I-z~1-3--+_O-1____

oyPA~~Executive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 120301 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

Case No 2048

FIRST AMENDED

ACCUSATION

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JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No 10551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

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number PHY 419521bull

3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit Number PHY 41952 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti was the Pharmacist-In-Charge from December 18

1997 to March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia

was cancelled on March 14 2001

4 On or about March 14 2001 the Board of Pharmacy issued

Original Pharmacy Permit Number 43874 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91106 (Respondent Skilled Care Pharmacy Monrovia 11)2

Respondent Shruty Chaterjee Parti has been the Pharmacist-in-Charge since

March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia II will

expire on March 1 2002 unless renewed

5 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena D~ive Suite 100 Pasadena California 91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

2 Under an agreement similar to that described in footnote 1 a change of ownership was approved under pharmacy permit number 43874 on or about March 142001

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(Respondent Parti) The license will expire on October 312002 unless renewed

6 On or about January 13 1986 the Board of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 312003 unless renewed

7 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

8 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 31 2003 unless

renewed

JURISDICTION

9 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

10 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

11 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

(j) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

12 Section 4081(a) of the Code in pertinent part provides that a

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current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

13 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

14 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

15 Section 4116 of the Code states that no person other than a

pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled SUbstances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

16 Title 16 California Code of Regulations section 17-14 in relevant

part states

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including prOVisions for effective control against theft or

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diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

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[APAP] 500 mg) is a dqngerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled sUbstance schedule III as listed in

Health and Safety Code Section 11 056( e )(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled sUbstance

schedule IV as listed in Health and Safety Code Section 11057 (e)( 1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

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Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested Respondent Cantero was employed at Skilled Care Pharmacy Pasadena

at the time of his arrest

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415(1) of the Penal Code (unlawful

fight in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North Judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area~ The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

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staff supervisionmiddot An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more tha n 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

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A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 212223 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

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licensed area

PRAYER

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 Original Pharmacy Permit No PHY

43874 issued to SKILLED CARE PHARMACY MONROVIA II

2 Revoking or suspending Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

3 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

4 Revoking or suspending Original Pharmacy Technician

Registration TCH No1 0551 issued to DAVID DONNY CANTERO

5 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

6 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

7 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

8 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY MONROVIA II SKILLED CARE PHARMACY PASADENA DAVID

DONNY CANTERO SHRUTY CHATERJEE PARTI SCOTT RICHARD PRESTON and

JESSE FELIX MARTINEZ to pay the Board of Pharmacy the reasonable costs of the

investigation and enforcement of this case pursuant to Business and Professions Code

Section 1253

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9 Taking such other and further action as deemed necessary and

proper

DATED _--+hLI-I-~~o-+-___I I

far PATR CIA F HA RIS Execu ive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 062001 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

scon RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

Case No 2048

ACCUSATION

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DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No1 0551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521bull

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California

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3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit License PHY Number 41952 to Summit Care Pharmacy Inc

to do business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti has been the Pharmacist-In-Charge since

December 18 1997 The license of Respondent Skilled Care Pharmacy Monrovia will

expire on December 12001 unless renewed

4 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 31 2002 unless renewed

5 On or about Janual Y13 1986 the Boal ~ of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 31 2003 unless renewed

6 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

7 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 312001 unless

renewed

91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

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JURISDICTION

8 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

9 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

10 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

11 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

12 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

13 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14 Section 4116 of the Code states that no person other than a

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

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C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 21 22 23 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

licensed area

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)

PRAYER

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 Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

2 Ordering DAVID DONNY CANTERO to pay the Board of Pharmacy

the reasonable costs of the investigation and enforcement of this case pursuant to

Business and Professions Code Section 1253

3 Taking such other and further action as deemed necessary and

proper

DATED _~I-z~1-3--+_O-1____

oyPA~~Executive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 120301 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

Case No 2048

FIRST AMENDED

ACCUSATION

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JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No 10551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

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number PHY 419521bull

3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit Number PHY 41952 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti was the Pharmacist-In-Charge from December 18

1997 to March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia

was cancelled on March 14 2001

4 On or about March 14 2001 the Board of Pharmacy issued

Original Pharmacy Permit Number 43874 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91106 (Respondent Skilled Care Pharmacy Monrovia 11)2

Respondent Shruty Chaterjee Parti has been the Pharmacist-in-Charge since

March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia II will

expire on March 1 2002 unless renewed

5 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena D~ive Suite 100 Pasadena California 91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

2 Under an agreement similar to that described in footnote 1 a change of ownership was approved under pharmacy permit number 43874 on or about March 142001

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(Respondent Parti) The license will expire on October 312002 unless renewed

6 On or about January 13 1986 the Board of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 312003 unless renewed

7 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

8 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 31 2003 unless

renewed

JURISDICTION

9 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

10 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

11 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

(j) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

12 Section 4081(a) of the Code in pertinent part provides that a

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current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

13 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

14 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

15 Section 4116 of the Code states that no person other than a

pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled SUbstances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

16 Title 16 California Code of Regulations section 17-14 in relevant

part states

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including prOVisions for effective control against theft or

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diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

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[APAP] 500 mg) is a dqngerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled sUbstance schedule III as listed in

Health and Safety Code Section 11 056( e )(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled sUbstance

schedule IV as listed in Health and Safety Code Section 11057 (e)( 1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

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Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested Respondent Cantero was employed at Skilled Care Pharmacy Pasadena

at the time of his arrest

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415(1) of the Penal Code (unlawful

fight in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North Judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area~ The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

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staff supervisionmiddot An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more tha n 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

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A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 212223 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

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licensed area

PRAYER

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 Original Pharmacy Permit No PHY

43874 issued to SKILLED CARE PHARMACY MONROVIA II

2 Revoking or suspending Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

3 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

4 Revoking or suspending Original Pharmacy Technician

Registration TCH No1 0551 issued to DAVID DONNY CANTERO

5 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

6 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

7 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

8 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY MONROVIA II SKILLED CARE PHARMACY PASADENA DAVID

DONNY CANTERO SHRUTY CHATERJEE PARTI SCOTT RICHARD PRESTON and

JESSE FELIX MARTINEZ to pay the Board of Pharmacy the reasonable costs of the

investigation and enforcement of this case pursuant to Business and Professions Code

Section 1253

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9 Taking such other and further action as deemed necessary and

proper

DATED _--+hLI-I-~~o-+-___I I

far PATR CIA F HA RIS Execu ive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 062001 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

scon RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

Case No 2048

ACCUSATION

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DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No1 0551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521bull

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California

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3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit License PHY Number 41952 to Summit Care Pharmacy Inc

to do business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti has been the Pharmacist-In-Charge since

December 18 1997 The license of Respondent Skilled Care Pharmacy Monrovia will

expire on December 12001 unless renewed

4 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 31 2002 unless renewed

5 On or about Janual Y13 1986 the Boal ~ of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 31 2003 unless renewed

6 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

7 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 312001 unless

renewed

91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

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JURISDICTION

8 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

9 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

10 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

11 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

12 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

13 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14 Section 4116 of the Code states that no person other than a

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 21 22 23 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

licensed area

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)

PRAYER

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 Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

2 Ordering DAVID DONNY CANTERO to pay the Board of Pharmacy

the reasonable costs of the investigation and enforcement of this case pursuant to

Business and Professions Code Section 1253

3 Taking such other and further action as deemed necessary and

proper

DATED _~I-z~1-3--+_O-1____

oyPA~~Executive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 120301 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

Case No 2048

FIRST AMENDED

ACCUSATION

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JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No 10551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

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number PHY 419521bull

3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit Number PHY 41952 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti was the Pharmacist-In-Charge from December 18

1997 to March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia

was cancelled on March 14 2001

4 On or about March 14 2001 the Board of Pharmacy issued

Original Pharmacy Permit Number 43874 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91106 (Respondent Skilled Care Pharmacy Monrovia 11)2

Respondent Shruty Chaterjee Parti has been the Pharmacist-in-Charge since

March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia II will

expire on March 1 2002 unless renewed

5 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena D~ive Suite 100 Pasadena California 91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

2 Under an agreement similar to that described in footnote 1 a change of ownership was approved under pharmacy permit number 43874 on or about March 142001

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(Respondent Parti) The license will expire on October 312002 unless renewed

6 On or about January 13 1986 the Board of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 312003 unless renewed

7 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

8 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 31 2003 unless

renewed

JURISDICTION

9 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

10 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

11 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

(j) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

12 Section 4081(a) of the Code in pertinent part provides that a

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current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

13 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

14 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

15 Section 4116 of the Code states that no person other than a

pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled SUbstances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

16 Title 16 California Code of Regulations section 17-14 in relevant

part states

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including prOVisions for effective control against theft or

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diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

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[APAP] 500 mg) is a dqngerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled sUbstance schedule III as listed in

Health and Safety Code Section 11 056( e )(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled sUbstance

schedule IV as listed in Health and Safety Code Section 11057 (e)( 1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

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Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested Respondent Cantero was employed at Skilled Care Pharmacy Pasadena

at the time of his arrest

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415(1) of the Penal Code (unlawful

fight in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North Judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area~ The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

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staff supervisionmiddot An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more tha n 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

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A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 212223 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

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licensed area

PRAYER

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 Original Pharmacy Permit No PHY

43874 issued to SKILLED CARE PHARMACY MONROVIA II

2 Revoking or suspending Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

3 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

4 Revoking or suspending Original Pharmacy Technician

Registration TCH No1 0551 issued to DAVID DONNY CANTERO

5 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

6 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

7 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

8 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY MONROVIA II SKILLED CARE PHARMACY PASADENA DAVID

DONNY CANTERO SHRUTY CHATERJEE PARTI SCOTT RICHARD PRESTON and

JESSE FELIX MARTINEZ to pay the Board of Pharmacy the reasonable costs of the

investigation and enforcement of this case pursuant to Business and Professions Code

Section 1253

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9 Taking such other and further action as deemed necessary and

proper

DATED _--+hLI-I-~~o-+-___I I

far PATR CIA F HA RIS Execu ive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 062001 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

scon RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

Case No 2048

ACCUSATION

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DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No1 0551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521bull

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California

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3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit License PHY Number 41952 to Summit Care Pharmacy Inc

to do business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti has been the Pharmacist-In-Charge since

December 18 1997 The license of Respondent Skilled Care Pharmacy Monrovia will

expire on December 12001 unless renewed

4 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 31 2002 unless renewed

5 On or about Janual Y13 1986 the Boal ~ of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 31 2003 unless renewed

6 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

7 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 312001 unless

renewed

91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

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JURISDICTION

8 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

9 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

10 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

11 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

12 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

13 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14 Section 4116 of the Code states that no person other than a

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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)

PRAYER

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 Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

2 Ordering DAVID DONNY CANTERO to pay the Board of Pharmacy

the reasonable costs of the investigation and enforcement of this case pursuant to

Business and Professions Code Section 1253

3 Taking such other and further action as deemed necessary and

proper

DATED _~I-z~1-3--+_O-1____

oyPA~~Executive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 120301 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

Case No 2048

FIRST AMENDED

ACCUSATION

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JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No 10551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

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number PHY 419521bull

3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit Number PHY 41952 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti was the Pharmacist-In-Charge from December 18

1997 to March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia

was cancelled on March 14 2001

4 On or about March 14 2001 the Board of Pharmacy issued

Original Pharmacy Permit Number 43874 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91106 (Respondent Skilled Care Pharmacy Monrovia 11)2

Respondent Shruty Chaterjee Parti has been the Pharmacist-in-Charge since

March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia II will

expire on March 1 2002 unless renewed

5 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena D~ive Suite 100 Pasadena California 91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

2 Under an agreement similar to that described in footnote 1 a change of ownership was approved under pharmacy permit number 43874 on or about March 142001

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(Respondent Parti) The license will expire on October 312002 unless renewed

6 On or about January 13 1986 the Board of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 312003 unless renewed

7 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

8 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 31 2003 unless

renewed

JURISDICTION

9 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

10 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

11 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

(j) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

12 Section 4081(a) of the Code in pertinent part provides that a

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current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

13 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

14 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

15 Section 4116 of the Code states that no person other than a

pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled SUbstances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

16 Title 16 California Code of Regulations section 17-14 in relevant

part states

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including prOVisions for effective control against theft or

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diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

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[APAP] 500 mg) is a dqngerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled sUbstance schedule III as listed in

Health and Safety Code Section 11 056( e )(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled sUbstance

schedule IV as listed in Health and Safety Code Section 11057 (e)( 1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

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Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested Respondent Cantero was employed at Skilled Care Pharmacy Pasadena

at the time of his arrest

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415(1) of the Penal Code (unlawful

fight in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North Judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area~ The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

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staff supervisionmiddot An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more tha n 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

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A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 212223 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

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licensed area

PRAYER

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 Original Pharmacy Permit No PHY

43874 issued to SKILLED CARE PHARMACY MONROVIA II

2 Revoking or suspending Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

3 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

4 Revoking or suspending Original Pharmacy Technician

Registration TCH No1 0551 issued to DAVID DONNY CANTERO

5 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

6 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

7 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

8 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY MONROVIA II SKILLED CARE PHARMACY PASADENA DAVID

DONNY CANTERO SHRUTY CHATERJEE PARTI SCOTT RICHARD PRESTON and

JESSE FELIX MARTINEZ to pay the Board of Pharmacy the reasonable costs of the

investigation and enforcement of this case pursuant to Business and Professions Code

Section 1253

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9 Taking such other and further action as deemed necessary and

proper

DATED _--+hLI-I-~~o-+-___I I

far PATR CIA F HA RIS Execu ive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 062001 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

scon RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

Case No 2048

ACCUSATION

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DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No1 0551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521bull

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California

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3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit License PHY Number 41952 to Summit Care Pharmacy Inc

to do business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti has been the Pharmacist-In-Charge since

December 18 1997 The license of Respondent Skilled Care Pharmacy Monrovia will

expire on December 12001 unless renewed

4 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 31 2002 unless renewed

5 On or about Janual Y13 1986 the Boal ~ of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 31 2003 unless renewed

6 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

7 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 312001 unless

renewed

91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

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JURISDICTION

8 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

9 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

10 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

11 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

12 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

13 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14 Section 4116 of the Code states that no person other than a

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

Case No 2048

FIRST AMENDED

ACCUSATION

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JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No 10551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

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number PHY 419521bull

3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit Number PHY 41952 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti was the Pharmacist-In-Charge from December 18

1997 to March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia

was cancelled on March 14 2001

4 On or about March 14 2001 the Board of Pharmacy issued

Original Pharmacy Permit Number 43874 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91106 (Respondent Skilled Care Pharmacy Monrovia 11)2

Respondent Shruty Chaterjee Parti has been the Pharmacist-in-Charge since

March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia II will

expire on March 1 2002 unless renewed

5 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena D~ive Suite 100 Pasadena California 91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

2 Under an agreement similar to that described in footnote 1 a change of ownership was approved under pharmacy permit number 43874 on or about March 142001

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(Respondent Parti) The license will expire on October 312002 unless renewed

6 On or about January 13 1986 the Board of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 312003 unless renewed

7 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

8 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 31 2003 unless

renewed

JURISDICTION

9 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

10 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

11 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

(j) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

12 Section 4081(a) of the Code in pertinent part provides that a

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current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

13 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

14 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

15 Section 4116 of the Code states that no person other than a

pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled SUbstances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

16 Title 16 California Code of Regulations section 17-14 in relevant

part states

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including prOVisions for effective control against theft or

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diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

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[APAP] 500 mg) is a dqngerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled sUbstance schedule III as listed in

Health and Safety Code Section 11 056( e )(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled sUbstance

schedule IV as listed in Health and Safety Code Section 11057 (e)( 1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

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Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested Respondent Cantero was employed at Skilled Care Pharmacy Pasadena

at the time of his arrest

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415(1) of the Penal Code (unlawful

fight in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North Judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area~ The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

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staff supervisionmiddot An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more tha n 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

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A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 212223 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

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licensed area

PRAYER

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 Original Pharmacy Permit No PHY

43874 issued to SKILLED CARE PHARMACY MONROVIA II

2 Revoking or suspending Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

3 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

4 Revoking or suspending Original Pharmacy Technician

Registration TCH No1 0551 issued to DAVID DONNY CANTERO

5 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

6 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

7 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

8 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY MONROVIA II SKILLED CARE PHARMACY PASADENA DAVID

DONNY CANTERO SHRUTY CHATERJEE PARTI SCOTT RICHARD PRESTON and

JESSE FELIX MARTINEZ to pay the Board of Pharmacy the reasonable costs of the

investigation and enforcement of this case pursuant to Business and Professions Code

Section 1253

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9 Taking such other and further action as deemed necessary and

proper

DATED _--+hLI-I-~~o-+-___I I

far PATR CIA F HA RIS Execu ive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 062001 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

scon RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

Case No 2048

ACCUSATION

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DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No1 0551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521bull

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California

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3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit License PHY Number 41952 to Summit Care Pharmacy Inc

to do business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti has been the Pharmacist-In-Charge since

December 18 1997 The license of Respondent Skilled Care Pharmacy Monrovia will

expire on December 12001 unless renewed

4 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 31 2002 unless renewed

5 On or about Janual Y13 1986 the Boal ~ of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 31 2003 unless renewed

6 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

7 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 312001 unless

renewed

91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

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JURISDICTION

8 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

9 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

10 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

11 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

12 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

13 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14 Section 4116 of the Code states that no person other than a

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No 10551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

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number PHY 419521bull

3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit Number PHY 41952 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti was the Pharmacist-In-Charge from December 18

1997 to March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia

was cancelled on March 14 2001

4 On or about March 14 2001 the Board of Pharmacy issued

Original Pharmacy Permit Number 43874 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91106 (Respondent Skilled Care Pharmacy Monrovia 11)2

Respondent Shruty Chaterjee Parti has been the Pharmacist-in-Charge since

March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia II will

expire on March 1 2002 unless renewed

5 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena D~ive Suite 100 Pasadena California 91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

2 Under an agreement similar to that described in footnote 1 a change of ownership was approved under pharmacy permit number 43874 on or about March 142001

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(Respondent Parti) The license will expire on October 312002 unless renewed

6 On or about January 13 1986 the Board of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 312003 unless renewed

7 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

8 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 31 2003 unless

renewed

JURISDICTION

9 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

10 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

11 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

(j) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

12 Section 4081(a) of the Code in pertinent part provides that a

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current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

13 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

14 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

15 Section 4116 of the Code states that no person other than a

pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled SUbstances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

16 Title 16 California Code of Regulations section 17-14 in relevant

part states

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including prOVisions for effective control against theft or

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diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

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[APAP] 500 mg) is a dqngerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled sUbstance schedule III as listed in

Health and Safety Code Section 11 056( e )(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled sUbstance

schedule IV as listed in Health and Safety Code Section 11057 (e)( 1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

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Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested Respondent Cantero was employed at Skilled Care Pharmacy Pasadena

at the time of his arrest

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415(1) of the Penal Code (unlawful

fight in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North Judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area~ The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

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staff supervisionmiddot An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more tha n 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

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A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 212223 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

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licensed area

PRAYER

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 Original Pharmacy Permit No PHY

43874 issued to SKILLED CARE PHARMACY MONROVIA II

2 Revoking or suspending Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

3 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

4 Revoking or suspending Original Pharmacy Technician

Registration TCH No1 0551 issued to DAVID DONNY CANTERO

5 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

6 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

7 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

8 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY MONROVIA II SKILLED CARE PHARMACY PASADENA DAVID

DONNY CANTERO SHRUTY CHATERJEE PARTI SCOTT RICHARD PRESTON and

JESSE FELIX MARTINEZ to pay the Board of Pharmacy the reasonable costs of the

investigation and enforcement of this case pursuant to Business and Professions Code

Section 1253

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9 Taking such other and further action as deemed necessary and

proper

DATED _--+hLI-I-~~o-+-___I I

far PATR CIA F HA RIS Execu ive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 062001 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

scon RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

Case No 2048

ACCUSATION

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DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No1 0551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521bull

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California

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3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit License PHY Number 41952 to Summit Care Pharmacy Inc

to do business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti has been the Pharmacist-In-Charge since

December 18 1997 The license of Respondent Skilled Care Pharmacy Monrovia will

expire on December 12001 unless renewed

4 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 31 2002 unless renewed

5 On or about Janual Y13 1986 the Boal ~ of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 31 2003 unless renewed

6 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

7 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 312001 unless

renewed

91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

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JURISDICTION

8 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

9 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

10 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

11 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

12 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

13 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14 Section 4116 of the Code states that no person other than a

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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number PHY 419521bull

3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit Number PHY 41952 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti was the Pharmacist-In-Charge from December 18

1997 to March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia

was cancelled on March 14 2001

4 On or about March 14 2001 the Board of Pharmacy issued

Original Pharmacy Permit Number 43874 to Summit Care Pharmacy Inc to do

business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91106 (Respondent Skilled Care Pharmacy Monrovia 11)2

Respondent Shruty Chaterjee Parti has been the Pharmacist-in-Charge since

March 14 2001 The license of Respondent Skilled Care Pharmacy Monrovia II will

expire on March 1 2002 unless renewed

5 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena D~ive Suite 100 Pasadena California 91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

2 Under an agreement similar to that described in footnote 1 a change of ownership was approved under pharmacy permit number 43874 on or about March 142001

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(Respondent Parti) The license will expire on October 312002 unless renewed

6 On or about January 13 1986 the Board of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 312003 unless renewed

7 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

8 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 31 2003 unless

renewed

JURISDICTION

9 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

10 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

11 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

(j) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

12 Section 4081(a) of the Code in pertinent part provides that a

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current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

13 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

14 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

15 Section 4116 of the Code states that no person other than a

pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled SUbstances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

16 Title 16 California Code of Regulations section 17-14 in relevant

part states

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including prOVisions for effective control against theft or

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diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

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[APAP] 500 mg) is a dqngerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled sUbstance schedule III as listed in

Health and Safety Code Section 11 056( e )(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled sUbstance

schedule IV as listed in Health and Safety Code Section 11057 (e)( 1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

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Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested Respondent Cantero was employed at Skilled Care Pharmacy Pasadena

at the time of his arrest

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415(1) of the Penal Code (unlawful

fight in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North Judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area~ The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

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staff supervisionmiddot An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more tha n 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

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A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 212223 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

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licensed area

PRAYER

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 Original Pharmacy Permit No PHY

43874 issued to SKILLED CARE PHARMACY MONROVIA II

2 Revoking or suspending Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

3 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

4 Revoking or suspending Original Pharmacy Technician

Registration TCH No1 0551 issued to DAVID DONNY CANTERO

5 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

6 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

7 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

8 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY MONROVIA II SKILLED CARE PHARMACY PASADENA DAVID

DONNY CANTERO SHRUTY CHATERJEE PARTI SCOTT RICHARD PRESTON and

JESSE FELIX MARTINEZ to pay the Board of Pharmacy the reasonable costs of the

investigation and enforcement of this case pursuant to Business and Professions Code

Section 1253

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9 Taking such other and further action as deemed necessary and

proper

DATED _--+hLI-I-~~o-+-___I I

far PATR CIA F HA RIS Execu ive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 062001 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

scon RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

Case No 2048

ACCUSATION

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DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No1 0551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521bull

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California

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3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit License PHY Number 41952 to Summit Care Pharmacy Inc

to do business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti has been the Pharmacist-In-Charge since

December 18 1997 The license of Respondent Skilled Care Pharmacy Monrovia will

expire on December 12001 unless renewed

4 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 31 2002 unless renewed

5 On or about Janual Y13 1986 the Boal ~ of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 31 2003 unless renewed

6 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

7 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 312001 unless

renewed

91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

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JURISDICTION

8 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

9 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

10 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

11 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

12 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

13 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14 Section 4116 of the Code states that no person other than a

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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(Respondent Parti) The license will expire on October 312002 unless renewed

6 On or about January 13 1986 the Board of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 312003 unless renewed

7 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

8 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 31 2003 unless

renewed

JURISDICTION

9 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

10 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

11 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

(j) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

12 Section 4081(a) of the Code in pertinent part provides that a

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current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

13 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

14 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

15 Section 4116 of the Code states that no person other than a

pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled SUbstances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

16 Title 16 California Code of Regulations section 17-14 in relevant

part states

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including prOVisions for effective control against theft or

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diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

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[APAP] 500 mg) is a dqngerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled sUbstance schedule III as listed in

Health and Safety Code Section 11 056( e )(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled sUbstance

schedule IV as listed in Health and Safety Code Section 11057 (e)( 1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

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Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested Respondent Cantero was employed at Skilled Care Pharmacy Pasadena

at the time of his arrest

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415(1) of the Penal Code (unlawful

fight in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North Judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area~ The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

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staff supervisionmiddot An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more tha n 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

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A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 212223 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

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licensed area

PRAYER

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 Original Pharmacy Permit No PHY

43874 issued to SKILLED CARE PHARMACY MONROVIA II

2 Revoking or suspending Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

3 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

4 Revoking or suspending Original Pharmacy Technician

Registration TCH No1 0551 issued to DAVID DONNY CANTERO

5 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

6 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

7 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

8 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY MONROVIA II SKILLED CARE PHARMACY PASADENA DAVID

DONNY CANTERO SHRUTY CHATERJEE PARTI SCOTT RICHARD PRESTON and

JESSE FELIX MARTINEZ to pay the Board of Pharmacy the reasonable costs of the

investigation and enforcement of this case pursuant to Business and Professions Code

Section 1253

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9 Taking such other and further action as deemed necessary and

proper

DATED _--+hLI-I-~~o-+-___I I

far PATR CIA F HA RIS Execu ive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 062001 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

scon RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

Case No 2048

ACCUSATION

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DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No1 0551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521bull

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California

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3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit License PHY Number 41952 to Summit Care Pharmacy Inc

to do business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti has been the Pharmacist-In-Charge since

December 18 1997 The license of Respondent Skilled Care Pharmacy Monrovia will

expire on December 12001 unless renewed

4 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 31 2002 unless renewed

5 On or about Janual Y13 1986 the Boal ~ of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 31 2003 unless renewed

6 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

7 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 312001 unless

renewed

91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

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JURISDICTION

8 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

9 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

10 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

11 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

12 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

13 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14 Section 4116 of the Code states that no person other than a

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

13 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

14 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

15 Section 4116 of the Code states that no person other than a

pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled SUbstances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

16 Title 16 California Code of Regulations section 17-14 in relevant

part states

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including prOVisions for effective control against theft or

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diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

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[APAP] 500 mg) is a dqngerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled sUbstance schedule III as listed in

Health and Safety Code Section 11 056( e )(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled sUbstance

schedule IV as listed in Health and Safety Code Section 11057 (e)( 1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

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Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested Respondent Cantero was employed at Skilled Care Pharmacy Pasadena

at the time of his arrest

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415(1) of the Penal Code (unlawful

fight in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North Judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area~ The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

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staff supervisionmiddot An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more tha n 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

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A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 212223 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

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licensed area

PRAYER

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 Original Pharmacy Permit No PHY

43874 issued to SKILLED CARE PHARMACY MONROVIA II

2 Revoking or suspending Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

3 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

4 Revoking or suspending Original Pharmacy Technician

Registration TCH No1 0551 issued to DAVID DONNY CANTERO

5 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

6 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

7 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

8 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY MONROVIA II SKILLED CARE PHARMACY PASADENA DAVID

DONNY CANTERO SHRUTY CHATERJEE PARTI SCOTT RICHARD PRESTON and

JESSE FELIX MARTINEZ to pay the Board of Pharmacy the reasonable costs of the

investigation and enforcement of this case pursuant to Business and Professions Code

Section 1253

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9 Taking such other and further action as deemed necessary and

proper

DATED _--+hLI-I-~~o-+-___I I

far PATR CIA F HA RIS Execu ive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 062001 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

scon RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

Case No 2048

ACCUSATION

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DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No1 0551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521bull

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California

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3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit License PHY Number 41952 to Summit Care Pharmacy Inc

to do business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti has been the Pharmacist-In-Charge since

December 18 1997 The license of Respondent Skilled Care Pharmacy Monrovia will

expire on December 12001 unless renewed

4 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 31 2002 unless renewed

5 On or about Janual Y13 1986 the Boal ~ of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 31 2003 unless renewed

6 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

7 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 312001 unless

renewed

91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

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JURISDICTION

8 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

9 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

10 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

11 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

12 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

13 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14 Section 4116 of the Code states that no person other than a

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

17 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

18 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

available for inspection upon request for at least 3 years after the date of the inventory

19 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

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[APAP] 500 mg) is a dqngerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled sUbstance schedule III as listed in

Health and Safety Code Section 11 056( e )(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled sUbstance

schedule IV as listed in Health and Safety Code Section 11057 (e)( 1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

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Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested Respondent Cantero was employed at Skilled Care Pharmacy Pasadena

at the time of his arrest

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415(1) of the Penal Code (unlawful

fight in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North Judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area~ The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

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staff supervisionmiddot An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more tha n 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

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A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 212223 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

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licensed area

PRAYER

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 Original Pharmacy Permit No PHY

43874 issued to SKILLED CARE PHARMACY MONROVIA II

2 Revoking or suspending Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

3 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

4 Revoking or suspending Original Pharmacy Technician

Registration TCH No1 0551 issued to DAVID DONNY CANTERO

5 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

6 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

7 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

8 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY MONROVIA II SKILLED CARE PHARMACY PASADENA DAVID

DONNY CANTERO SHRUTY CHATERJEE PARTI SCOTT RICHARD PRESTON and

JESSE FELIX MARTINEZ to pay the Board of Pharmacy the reasonable costs of the

investigation and enforcement of this case pursuant to Business and Professions Code

Section 1253

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9 Taking such other and further action as deemed necessary and

proper

DATED _--+hLI-I-~~o-+-___I I

far PATR CIA F HA RIS Execu ive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 062001 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

scon RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

Case No 2048

ACCUSATION

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DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No1 0551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521bull

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California

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3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit License PHY Number 41952 to Summit Care Pharmacy Inc

to do business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti has been the Pharmacist-In-Charge since

December 18 1997 The license of Respondent Skilled Care Pharmacy Monrovia will

expire on December 12001 unless renewed

4 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 31 2002 unless renewed

5 On or about Janual Y13 1986 the Boal ~ of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 31 2003 unless renewed

6 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

7 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 312001 unless

renewed

91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

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JURISDICTION

8 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

9 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

10 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

11 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

12 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

13 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14 Section 4116 of the Code states that no person other than a

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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[APAP] 500 mg) is a dqngerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled sUbstance schedule III as listed in

Health and Safety Code Section 11 056( e )(2) It is a narcotic analgesic combination

D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled sUbstance

schedule IV as listed in Health and Safety Code Section 11057 (e)( 1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

20 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

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Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested Respondent Cantero was employed at Skilled Care Pharmacy Pasadena

at the time of his arrest

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415(1) of the Penal Code (unlawful

fight in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North Judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area~ The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

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staff supervisionmiddot An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more tha n 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

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A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 212223 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

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licensed area

PRAYER

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 Original Pharmacy Permit No PHY

43874 issued to SKILLED CARE PHARMACY MONROVIA II

2 Revoking or suspending Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

3 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

4 Revoking or suspending Original Pharmacy Technician

Registration TCH No1 0551 issued to DAVID DONNY CANTERO

5 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

6 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

7 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

8 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY MONROVIA II SKILLED CARE PHARMACY PASADENA DAVID

DONNY CANTERO SHRUTY CHATERJEE PARTI SCOTT RICHARD PRESTON and

JESSE FELIX MARTINEZ to pay the Board of Pharmacy the reasonable costs of the

investigation and enforcement of this case pursuant to Business and Professions Code

Section 1253

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9 Taking such other and further action as deemed necessary and

proper

DATED _--+hLI-I-~~o-+-___I I

far PATR CIA F HA RIS Execu ive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 062001 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

scon RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

Case No 2048

ACCUSATION

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DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No1 0551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521bull

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California

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3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit License PHY Number 41952 to Summit Care Pharmacy Inc

to do business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti has been the Pharmacist-In-Charge since

December 18 1997 The license of Respondent Skilled Care Pharmacy Monrovia will

expire on December 12001 unless renewed

4 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 31 2002 unless renewed

5 On or about Janual Y13 1986 the Boal ~ of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 31 2003 unless renewed

6 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

7 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 312001 unless

renewed

91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

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JURISDICTION

8 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

9 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

10 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

11 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

12 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

13 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14 Section 4116 of the Code states that no person other than a

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested Respondent Cantero was employed at Skilled Care Pharmacy Pasadena

at the time of his arrest

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415(1) of the Penal Code (unlawful

fight in a public place) (a misdemeanor) in the Municipal Court of the State of California

County of Orange North Judicial District Case No BPD B96-0866 entitled The People

of the State of California v David Donny Cantero

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 1714(d) and Title 21 Code of

Federal Regulations Section 130171 in that on April 17 1997 a Board inspector

made the following observations of Skilled Care Pharmacy Pasadenas practices and

operating procedures the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area~ The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

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staff supervisionmiddot An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more tha n 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

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A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 212223 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

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licensed area

PRAYER

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 Original Pharmacy Permit No PHY

43874 issued to SKILLED CARE PHARMACY MONROVIA II

2 Revoking or suspending Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

3 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

4 Revoking or suspending Original Pharmacy Technician

Registration TCH No1 0551 issued to DAVID DONNY CANTERO

5 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

6 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

7 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

8 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY MONROVIA II SKILLED CARE PHARMACY PASADENA DAVID

DONNY CANTERO SHRUTY CHATERJEE PARTI SCOTT RICHARD PRESTON and

JESSE FELIX MARTINEZ to pay the Board of Pharmacy the reasonable costs of the

investigation and enforcement of this case pursuant to Business and Professions Code

Section 1253

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9 Taking such other and further action as deemed necessary and

proper

DATED _--+hLI-I-~~o-+-___I I

far PATR CIA F HA RIS Execu ive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 062001 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

scon RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

Case No 2048

ACCUSATION

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DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No1 0551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521bull

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California

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3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit License PHY Number 41952 to Summit Care Pharmacy Inc

to do business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti has been the Pharmacist-In-Charge since

December 18 1997 The license of Respondent Skilled Care Pharmacy Monrovia will

expire on December 12001 unless renewed

4 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 31 2002 unless renewed

5 On or about Janual Y13 1986 the Boal ~ of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 31 2003 unless renewed

6 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

7 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 312001 unless

renewed

91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

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JURISDICTION

8 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

9 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

10 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

11 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

12 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

13 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14 Section 4116 of the Code states that no person other than a

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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staff supervisionmiddot An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through April 11 1997 revealed shortages of more tha n 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab Tylenol with Codeine and Vicodin

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for a violation of Section 4300 of the

Code for unprofessional conduct as defined in Section 4301 U) of the Code in violation

of Title 16 California Code of Regulations Section 17156 and Title 21 Code of

Federal Regulations Section 130176 in that these Respondents were aware of

Respondent Canteros arrest and drug possession and after performing their own audit

which showed additional shortages of the drugs continued to use him in the capacity of

ordering technician with full unrestricted access to all Schedule III and Schedule IV

controlled substances These Respondents failed to notify the Board of the theft or loss

of controlled substances within the time prescribed by law In fact the required report

was not filed until approximately 10 months after finding the shortages and only after

instructed to do so by a Board inspector

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti Martinez and Preston

and each of them have subjected their licenses to discipline for violation of Section

4300 of the Code for unprofessional conduct as defined in Section 4301 (0) of the Code

in violation of Section 4040(a) of the Code and Health and Safety Code Section 11164

and Title 16 California Code of Regulations Section 1717(b) in that Respondents failed

to maintain for each prescription on file with respect to prescriptions filled between

approximately July 6 1994 and May 25 1995 (respondent Preston)(approximately

between 2000 and 6000 prescriptions) and between May 25 1995 and January 22

1997 (respondent Parti)(approximately 3000 and 9000 prescriptions) one or more of

the following

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A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 212223 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

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licensed area

PRAYER

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 Original Pharmacy Permit No PHY

43874 issued to SKILLED CARE PHARMACY MONROVIA II

2 Revoking or suspending Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

3 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

4 Revoking or suspending Original Pharmacy Technician

Registration TCH No1 0551 issued to DAVID DONNY CANTERO

5 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

6 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

7 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

8 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY MONROVIA II SKILLED CARE PHARMACY PASADENA DAVID

DONNY CANTERO SHRUTY CHATERJEE PARTI SCOTT RICHARD PRESTON and

JESSE FELIX MARTINEZ to pay the Board of Pharmacy the reasonable costs of the

investigation and enforcement of this case pursuant to Business and Professions Code

Section 1253

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9 Taking such other and further action as deemed necessary and

proper

DATED _--+hLI-I-~~o-+-___I I

far PATR CIA F HA RIS Execu ive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 062001 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

scon RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

Case No 2048

ACCUSATION

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DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No1 0551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521bull

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California

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3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit License PHY Number 41952 to Summit Care Pharmacy Inc

to do business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti has been the Pharmacist-In-Charge since

December 18 1997 The license of Respondent Skilled Care Pharmacy Monrovia will

expire on December 12001 unless renewed

4 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 31 2002 unless renewed

5 On or about Janual Y13 1986 the Boal ~ of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 31 2003 unless renewed

6 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

7 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 312001 unless

renewed

91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

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JURISDICTION

8 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

9 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

10 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

11 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

12 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

13 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14 Section 4116 of the Code states that no person other than a

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

24 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II Parti and Martinez and each

of them have subjected their licenses to discipline for violation of 4300 of the Code for

unprofessional conduct as defined in Section 4301 (0) of the Code and in violation of

Section 4081 of the Code and Title 16 California Code of Regulations Section 1718 in

that between approximately May 25 1995 and January 22 1997 these Respondents

failed to maintain accurate records showing complete accountability of controlled

substances as required by law A review of the records revealed that approximately

333 of the prescriptions filled were missing a prescription number approximately 1272

of the prescriptions were missing the quantity of the prescription and approximately

326 were missing both the prescription number and quantity

25 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents Parti and Preston failed to insure the

pharmacys compliance with both state and federal laws pertaining to the practice of

pharmacy as described above in paragraphs 212223 and 24 above (as to

respondent Parti) and paragraph 23 (as to respondent Preston)

26 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Skilled Care Pharmacy Monrovia II and Parti have further

subjected their licenses to discipline for violation of Business and Professions Code

Section 4116 for unprofessional conduct in violation of Section 4113(b) of the Code and

Title 16 California Code of Regulations Section 1714(b) and (d) in that Respondents

Skilled Care Pharmacy Pasadena Skilled Care Pharmacy Monrovia Skilled Care

Pharmacy Monrovia II and Parti failed to maintain the security of the pharmacy even

after the pharmacy personnel was instructed to close and secure the rear door of the

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licensed area

PRAYER

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 Original Pharmacy Permit No PHY

43874 issued to SKILLED CARE PHARMACY MONROVIA II

2 Revoking or suspending Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

3 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

4 Revoking or suspending Original Pharmacy Technician

Registration TCH No1 0551 issued to DAVID DONNY CANTERO

5 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

6 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

7 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

8 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY MONROVIA II SKILLED CARE PHARMACY PASADENA DAVID

DONNY CANTERO SHRUTY CHATERJEE PARTI SCOTT RICHARD PRESTON and

JESSE FELIX MARTINEZ to pay the Board of Pharmacy the reasonable costs of the

investigation and enforcement of this case pursuant to Business and Professions Code

Section 1253

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9 Taking such other and further action as deemed necessary and

proper

DATED _--+hLI-I-~~o-+-___I I

far PATR CIA F HA RIS Execu ive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

scon RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

Case No 2048

ACCUSATION

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DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No1 0551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521bull

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California

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3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit License PHY Number 41952 to Summit Care Pharmacy Inc

to do business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti has been the Pharmacist-In-Charge since

December 18 1997 The license of Respondent Skilled Care Pharmacy Monrovia will

expire on December 12001 unless renewed

4 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 31 2002 unless renewed

5 On or about Janual Y13 1986 the Boal ~ of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 31 2003 unless renewed

6 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

7 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 312001 unless

renewed

91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

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JURISDICTION

8 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

9 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

10 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

11 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

12 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

13 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14 Section 4116 of the Code states that no person other than a

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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licensed area

PRAYER

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 Original Pharmacy Permit No PHY

43874 issued to SKILLED CARE PHARMACY MONROVIA II

2 Revoking or suspending Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

3 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

4 Revoking or suspending Original Pharmacy Technician

Registration TCH No1 0551 issued to DAVID DONNY CANTERO

5 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

6 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

7 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

8 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY MONROVIA II SKILLED CARE PHARMACY PASADENA DAVID

DONNY CANTERO SHRUTY CHATERJEE PARTI SCOTT RICHARD PRESTON and

JESSE FELIX MARTINEZ to pay the Board of Pharmacy the reasonable costs of the

investigation and enforcement of this case pursuant to Business and Professions Code

Section 1253

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9 Taking such other and further action as deemed necessary and

proper

DATED _--+hLI-I-~~o-+-___I I

far PATR CIA F HA RIS Execu ive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 062001 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

scon RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

Case No 2048

ACCUSATION

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DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No1 0551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521bull

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California

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3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit License PHY Number 41952 to Summit Care Pharmacy Inc

to do business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti has been the Pharmacist-In-Charge since

December 18 1997 The license of Respondent Skilled Care Pharmacy Monrovia will

expire on December 12001 unless renewed

4 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 31 2002 unless renewed

5 On or about Janual Y13 1986 the Boal ~ of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 31 2003 unless renewed

6 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

7 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 312001 unless

renewed

91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

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JURISDICTION

8 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

9 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

10 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

11 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

12 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

13 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14 Section 4116 of the Code states that no person other than a

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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9 Taking such other and further action as deemed necessary and

proper

DATED _--+hLI-I-~~o-+-___I I

far PATR CIA F HA RIS Execu ive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

0358311 O-LA1997 AD1869 2Accusationwpt 101800 rev 062001 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

scon RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

Case No 2048

ACCUSATION

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DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No1 0551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521bull

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California

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3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit License PHY Number 41952 to Summit Care Pharmacy Inc

to do business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti has been the Pharmacist-In-Charge since

December 18 1997 The license of Respondent Skilled Care Pharmacy Monrovia will

expire on December 12001 unless renewed

4 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 31 2002 unless renewed

5 On or about Janual Y13 1986 the Boal ~ of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 31 2003 unless renewed

6 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

7 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 312001 unless

renewed

91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

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JURISDICTION

8 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

9 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

10 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

11 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

12 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

13 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14 Section 4116 of the Code states that no person other than a

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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BILL LOCKYER Attorney General of the State of California

GUS GOMEZ State Bar No 146845 Deputy Attorney General

California Department of Justice 300 South Spring Street Suite 1702 Los Angeles California 90013 Telephone (213) 897-2563 Facsimile (213) 897-2804

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against

SKILLED CARE PHARMACY 222 East Huntington Drive No 11 Monrovia California 91016 SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 41952

SKILLED CARE PHARMACY 1350 N Altadena Drive Suite 100 Pasadena California 91107 William C Scott President Frank S Osen Secretary Randy Speer TreasurerFinancial Officer Derwin Williams Treasurerfinancial Officer Jesse F Martinez Vice President SHRUTY PARTI

Pharmacist-in-Charge Pharmacy Permit No PHY 37908

SHRUTY CHATERJEE PARTI 1115 E Saga Street Glendora California 91741 Pharmacist License No RPH 44615

scon RICHARD PRESTON 9343 Aldea Avenue Northridge California 91325 Pharmacist License No RPH 39869

JESSE FELIX MARTINEZ 29 Sunlight Irvine California 92715 Pharmacist License No RPH 31022

and

Case No 2048

ACCUSATION

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DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No1 0551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521bull

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California

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3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit License PHY Number 41952 to Summit Care Pharmacy Inc

to do business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti has been the Pharmacist-In-Charge since

December 18 1997 The license of Respondent Skilled Care Pharmacy Monrovia will

expire on December 12001 unless renewed

4 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 31 2002 unless renewed

5 On or about Janual Y13 1986 the Boal ~ of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 31 2003 unless renewed

6 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

7 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 312001 unless

renewed

91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

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JURISDICTION

8 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

9 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

10 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

11 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

12 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

13 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14 Section 4116 of the Code states that no person other than a

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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DAVID DONNY CANTERO 1465 West Arbolitos Court Santa Maria California 93454 Pharmacy Technician Registration

No1 0551

Respondents

Complainant alleges

PARTIES

1 Patricia F Harris (Complainant) brings this Accusation solely in

her official capacity as the Executive Officer of the Board of Pharmacy Department of

Consumer Affairs

2 On or about June 26 1992 the Board of Pharmacy issued Original

Pharmacy Permit Number PHY 37908 to Summit Care Pharmacy Inc to do business

as SKILLED CARE PHARMACY at 1350 N Altadena Drive Suite 100 Pasadena

California 91107 (Respondent Skilled Care Pharmacy Pasadena) Corporate

officers were President William C Scott from July 1 1992 through December 18 1997

Secretary Frank S Osen from June 26 1992 through December 18 1997

TreasurerFinancial Officer Randy Speer from June 26 1992 through January 27

1995 and Derwin Williams from January 27 1995 through December 18 1997 and

Vice President Jesse F Martinez from January 27 1995 through December 1997

Respondent Scott Richard Preston was the Pharmacist-In-Charge from June 26 1992

through May 25 1995 and Respondent Shruty Chaterjee Parti was the Pharmacist-In-

Charge from May 25 1995 through December 18 1997 The license of Respondent

Skilled Care Pharmacy Pasadena was in full force and effect until December 18 1997

at which time a change of location request was approved under pharmacy permit

number PHY 419521bull

1 On or about February 28 1997 Respondent Skilled Care Pharmacy Pasadena submitted an application for pharmacy permit to the Board requesting a change of location from 1350 N Altadena Drive Suite 100 Pasadena California

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3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit License PHY Number 41952 to Summit Care Pharmacy Inc

to do business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti has been the Pharmacist-In-Charge since

December 18 1997 The license of Respondent Skilled Care Pharmacy Monrovia will

expire on December 12001 unless renewed

4 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 31 2002 unless renewed

5 On or about Janual Y13 1986 the Boal ~ of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 31 2003 unless renewed

6 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

7 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 312001 unless

renewed

91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

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JURISDICTION

8 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

9 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

10 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

11 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

12 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

13 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14 Section 4116 of the Code states that no person other than a

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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3 On or about December 18 1997 the Board of Pharmacy issued

Original Pharmacy Permit License PHY Number 41952 to Summit Care Pharmacy Inc

to do business as SKILLED CARE PHARMACY at 222 East Huntington Drive No 11

Monrovia California 91016 (Respondent Skilled Care Pharmacy Monrovia)

Respondent Shruty Chaterjee Parti has been the Pharmacist-In-Charge since

December 18 1997 The license of Respondent Skilled Care Pharmacy Monrovia will

expire on December 12001 unless renewed

4 On or about August 17 1991 the Board of Pharmacy issued

Original Pharmacist License Number RPH 44615 to Shruty Chaterjee Parti

(Respondent Parti) The license will expire on October 31 2002 unless renewed

5 On or about Janual Y13 1986 the Boal ~ of Pharmacy issued

Original Pharmacist License Number RPH 39869 to Scott Richard Preston

(Respondent Preston) The license will expire on January 31 2003 unless renewed

6 On or about July 29 1977 the Board of Pharmacy issued Original

Pharmacist License Number RPH 31022 to Jesse Felix Martinez (Respondent

Martinez) The license will expire on June 30 2001 unless renewed

7 On or about November 15 1993 the Board of Pharmacy issued

Original Pharmacy Technician Registration Number TCH 10551 to David Donny

Cantero (Respondent Cantero) The license will expire on May 312001 unless

renewed

91107 to 222 East Huntington Drive No 11 Monrovia California 91016 Said application was denied by the Board on or about April 16 1997

Thereafter the Board waived its right to file a statement of issues against Respondent Skilled Care Pharmacy Pasadena in exchange for its agreement that any discipline that may be imposed against pharmacy permit PHY 37908 issued to Respondent Skilled Care Pharmacy Pasadena would likewise be imposed against a new permit to be issued to Respondent Skilled Care Pharmacy Monrovia for the location specified in the paragraph immediately above The change of location request was approved under pharmacy permit number PHY 41952 on or about December 18 1997

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JURISDICTION

8 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

9 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

10 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

11 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

12 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

13 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14 Section 4116 of the Code states that no person other than a

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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JURISDICTION

8 This Accusation is brought before the Board of Pharmacy

(Board) under the authority of the following sections of the Business and Professions

Code (Code)

9 Section 4300 of the Code permits the Board to take disciplinary

action to suspend or revoke a license or permit

10 Section 4301 of the Code states that the Board shall take action

against any holder of a license who is guilty of unprofessional conduct or whose license

has been procured by fraud or misrepresentation or issued by mistake Unprofessional

conduct shall include but is not limited to any of the following

U) The violation of any of the statutes of this state or of the United States

regulating controlled substances and dangerous drugs

(0) Violating or attempting to violate directly or indirectly or assisting in or

abetting the violation of or conspiring to violate any provision or term of this chapter or

of the applicable federal and state laws and regulations governing pharmacy including

regulations established by the board

11 Section 4081 (a) of the Code in pertinent part provides that a

current inventory shall be kept by every pharmacy or establishment holding a currently

valid and unrevoked certificate license permit registration who maintains a stock of

dangerous drugs or dangerous devices

12 Section 4113(b) of the Code states that the pharmacist-in-charge

shall be responsible for a pharmacys compliance with all state and federal laws and

regulations pertaining to the practice of pharmacy

13 Section 4060 of the Code states that no person shall possess any

controlled substance except that furnished to a person upon the prescription of a

physician or furnished pursuant to a drug order issued by a physician assistant or a

nurse

14 Section 4116 of the Code states that no person other than a

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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pharmacist an intern pharmacist an authorized officer of the law or a person

authorized to prescribe shall be permitted in that area place or premises described in

the license issued by the board wherein controlled substances or dangerous drugs or

dangerous devices are stored possessed prepared manufactured derived

compounded dispensed or repackaged However a pharmacist shall be responsible

for any individual who enters the pharmacy for the purposes of receiving consultation

from the pharmacist or performing clerical inventory control housekeeping delivery

maintenance or similar functions relating to the pharmacy if the pharmacist remains

present in the pharmacy during all times as the authorized individual is present

15 Title 16 California Code of Regulations section 1714 in relevant

part ~lates

(b) Each pharmacy licensed by the board shall maintain its facilities

space fixtures and equipment so that drugs are safely and properly prepared

maintained secured and distributed The pharmacy shall be of sufficient size and

unobstructed area to accommodate the safe practice of pharmacy

(d) Each pharmacist while on duty shall be responsible for the security

of the prescription department including provisions for effective control against theft or

diversion of dangerous drugs and devices and records for such drugs and devices

Possession of a key to the pharmacy where dangerous drugs and controlled

substances are stored shall be restricted to a pharmacist

16 Title 16 California Code of Regulations section 1717(b) in

pertinent part provides that the following information shall be maintained for each

prescription on file and shall be readily retrievable

(1) The date dispensed and the name or initials of the dispensing

pharmacist All prescriptions filled or refilled by an intern pharmacist must also be

initialed by the preceptor before they are dispensed

(2) The brand name of the drug or device or if a generic drug or device is

dispensed the distributors name which appears on the commercial package label and

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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(3) If a prescription for a drug or device is refilled a record of each refill

quantity dispensed if different and the initials or name of the dispensing pharmacist

(4) A new prescription must be created if there is a change in the drug

strength prescriber or directions for use unless a complete record of all such changes

is otherwise maintained

17 Title 16 California Code of Regulations section 1718 provides

Current inventory as used in Section 4081 of the Business and

Professions Code shall be considered to include complete accountability for all

dangerous drugs handled by every licensee enumerated in Section 4081 The

controlled substances inventories required by Title 21 CFR Section 1304 shall be

avaiable for inspection upon request for at least 3 years after ~e date of the inventory

18 Section 1253 of the Code states in pertinent part that a Board

may request the administrative law judge to direct a licentiate found to have committed

a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case

CONTROLLED SUBSTANCES

A Lortab Brand and generic (hydrocodone 75 with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled substance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

B Vicodin Brand and generic (hydrocodone 5 mg with acetaminophen

[APAP] 500 mg) is a dangerous drug as defined by Business and Professions Code

Section 4022 and a controlled sUbstance schedule III as listed in Health and Safety

Code Section 11056(e)(3) It is a narcotic analgesic combination

C Tylenol with Codeine 60 mg and generic (acetaminophn [APAP]

300mg with codeine 60mg) is a dangerous drug as defined by Business and

Professions Code Section 4022 and is a controlled substance schedule III as listed in

Health and Safety Code Section 11056(e)(2) It is a narcotic analgesic combination

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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D Fastin lonamin Adapin and generic phenteramine of various

strengths are dangerous drugs as defined by Business and Professions Code Section

4022 and are controlled substances schedule IV as listed in Health and Safety Code

Section 11 057(f)(2) Each is an appetite suppressant

E Pondimin (generically fenfuramine) is a dangerous drug as defined

by Business and Professions Code Section 4022 and is a controlled substance

schedule IV as listed in Health and Safety Code Section 11057(e)(1) It is an appetite

suppressant

CAUSES FOR DISCIPLINE

19 Respondent Cantero has subjected his registration to discipline

pursuant to section 4300 of the Code as defined in section 4301 U) of the Code for

unprofessional conduct as follows

On or about February 14 1996 Brea police officers observed Respondent

Cantero and his girlfriend Theresa R arguing Prior to the officers arrival Theresa R

stated she attempted to flee from Respondent Canteros vehicle but he locked the

electric door locks on the vehicle and did not allow her to exit the vehicle Officers

observed Theresa Rs lip bleeding and swollen Theresa R advised the officers that

Respondent Cantero had hit her with the back of his hand across the mouth with the

back of his right hand Subsequently one of the officers located two bottles of

prescription medication in the trunk of Respondent Canteros vehicle One bottle was

sealed and contained 500 tablets of Vicodin and the other opened bottle contained

Tylenol 4 with Codeine The Tylenol 4 with Codeine bottle was labeled as having 500

tablets in it however only 482 tablets were found Subsequently Respondent Cantero

was arrested

On July 2 1996 Respondent Cantero was convicted by the Court on a

plea of guilty of one count of violation of Section 415( 1) of the Penal Code (unlawful

fights in a public place) (a misdemeanor) in the Municipal Court of the State of

California County of Orange North judicial District Case No BPD B96-0866 entitled

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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The People of the State of California v David Donny Cantero

20 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 1714(d) and Title 21 Code of Federal Regulations

Section 130171 in that the rear door entrance to Respondent Skilled Care Pharmacy

Pasadena led to an alley and public parking area directly into the shipping area which in

turn led directly into the dispensing area The dispensing shipping and receiving areas

were part of the licensed pharmacy where drugs were stored The door was kept in a

wide open position allowing for the unsupervised access into the pharmacy by

unauthorized individuals Patient orders were placed on a shelf directly to the right of

the open door within arms reach from outside of the building After the rear door was

closed it was unlocked to accommodate access by individuals without the need for

staff supervision An audit of Skilled Care Pharmacy Pasadena for the period of

August 18 1994 through November 22 1996 revealed shortages of more than 41000

dosage units of schedule III and IV controlled substances including Hydrocodone

Lortab and Vicodin

21 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 U) of the Code in violation of Title 16 California

Code of Regulations Section 17156 and Title 21 Code of Federal Regulations

Section 130176 in that these Respondents were aware of Respondent Canteros arrest

and drug possession and after performing their own audit which showed additional

shortages of the drugs continued to use him in the capacity of ordering technician with

full unrestricted access to all Schedule III and Schedule IV controlled substances

These Respondents failed to notify the Board of the theft or loss of controlled

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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substances within the time prescribed by law In fact the required report was not filed

until approximately 10 months after finding the shortages and only after instructed to do

so by a Board inspector

22 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of Section 4300 of the Code for unprofessional

conduct as defined in Section 4301 (0) of the Code in violation of Section 4040(a) of the

Code and Health and Safety Code Section 11164 and Title 16 California Code of

Regulations Section 1717(b) in that Respondents failed to document in the

prescriptions as follows

A Identify quantities dispensed

B Identify if a generic drug was dispensed and

C Identify the distributors name

23 Respondents Skilled Care Pharmacy Pasadena Skilled Care

Pharmacy Monrovia Parti Martinez and Preston and each of them have subjected

their licenses to discipline for violation of 4300 of the Code for unprofessional conduct

as defined in Section 4301 (0) of the Code and in violation of Section 4081 of the Code

and Title 16 California Code of Regulations Section 1718 in that these Respondents

failed to maintain accurate records of complete accountability of controlled substances

as required by law A review of the records revealed that many of the prescriptions

were missing a prescription number or the quantity of the prescription and some were

missing both the prescription number and quantity

24 Respondents Parti and Preston have subjected their licenses to

discipline for violation of 4300 of the Code for unprofessional conduct in violation of

Section 4113(b) of the Code in that Respondents failed to insure the pharmacys

compliance with both state and federal laws pertaining to the practice of pharmacy as

described above in paragraphs 19 20 21 and 22 above

25 Respondents Skilled Care Pharmacy Pasadena Skilled Care

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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Pharmacy Monrovia and Parti have further subjected their licenses to discipline for

violation of Business and Professions Code Section 4116 for unprofessional conduct in

violation of Section 4113(b) of the Code and Title 16 California Code of Regulations

Section 1714(b) and (d) in that Respondents Skilled Care Pharmacy Pasadena Skilled

Care Pharmacy Monrovia and Parti failed to maintain the security of the pharmacy

even after the pharmacy personnel was instructed to close and secure the rear door of

the licensed area

PRAYER

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 Original Pharmacy Permit No PHY

41952 issued to SKILLED CARE PHARMACY MONROVIA

2 Revoking or suspending Original Pharmacy Permit No PHY 37908

issued to SKILLED CARE PHARMACY PASADENA

3 Revoking or suspending Original Pharmacy Technician

Registration TCH No 10551 issued to DAVID DONNY CANTERO

4 Revoking or suspending Original Pharmacist License No RPH

44615 issued to SHRUTY CHATERJEE PARTI

5 Revoking or suspending Original Pharmacist License No RPH

39869 issued to SCOTT RICHARD PRESTON

6 Revoking or suspending Original Pharmacist License No RPH

31022 issued to JESSE FELIX MARTINEZ

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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7 Ordering SKILLED CARE PHARMACY MONROVIA SKILLED

CARE PHARMACY PASADENA DAVID DONNY CANTERO SHRUTY CHATERJEE

PARTI scon RICHARD PRESTON and JESSE FELIX MARTINEZ to pay the Board

of Pharmacy the reasonable costs of the investigation and enforcement Of this case

pursuant to Business and Professions Code Section 1253

8 Taking such other and further action as deemed necessary and

proper

DATED ~J 7 01

PATRICIA F HARRIS Execu tive Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

03583110-LA1997AD1869 2Accusationwpt 101800 rev 012901 -LBF(gg)

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