Phannacy at 222 East Huntington Drive ... - pharmacy.ca.gov · the Board ten thousand ($10,000.00)...
Transcript of Phannacy at 222 East Huntington Drive ... - pharmacy.ca.gov · the Board ten thousand ($10,000.00)...
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
1 7
18
19
21
22
23
24
26
27
28
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
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
1
1
1
1
1
1
1
1
2
21
2
2
2
2
2
2
2
2
3
4
5
6
7
8
9
0
2
3
4
5
6
7
8
II
II
II
II
II
II
I I
II
II
II
II
II
I I
II
I I
II
II
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
9
5
10
15
20
25
10- 7-01 1534 Frcm-FM G SIQ-234-1759 rB39 P 1114 F-9S0
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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(
10
~J~ 5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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]
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
8
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
11
III
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
)
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)
12
1
2
3
4
5
6
7
8
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
1 7
18
19
21
22
23
24
26
27
28
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
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
1
1
1
1
1
1
1
1
2
21
2
2
2
2
2
2
2
2
3
4
5
6
7
8
9
0
2
3
4
5
6
7
8
II
II
II
II
II
II
I I
II
II
II
II
II
I I
II
I I
II
II
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
9
5
10
15
20
25
10- 7-01 1534 Frcm-FM G SIQ-234-1759 rB39 P 1114 F-9S0
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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(
10
~J~ 5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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]
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
8
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
11
III
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
)
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)
12
1
2
3
4
5
6
7
8
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
1
1
1
1
1
1
1
1
2
21
2
2
2
2
2
2
2
2
3
4
5
6
7
8
9
0
2
3
4
5
6
7
8
II
II
II
II
II
II
I I
II
II
II
II
II
I I
II
I I
II
II
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
9
5
10
15
20
25
10- 7-01 1534 Frcm-FM G SIQ-234-1759 rB39 P 1114 F-9S0
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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(
10
~J~ 5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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]
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
8
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
11
III
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
)
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)
12
1
2
3
4
5
6
7
8
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
1
1
1
1
1
1
1
1
2
21
2
2
2
2
2
2
2
2
3
4
5
6
7
8
9
0
2
3
4
5
6
7
8
II
II
II
II
II
II
I I
II
II
II
II
II
I I
II
I I
II
II
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
9
5
10
15
20
25
10- 7-01 1534 Frcm-FM G SIQ-234-1759 rB39 P 1114 F-9S0
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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(
10
~J~ 5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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]
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
8
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
11
III
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
)
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)
12
1
2
3
4
5
6
7
8
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
1
1
1
1
1
1
1
1
2
21
2
2
2
2
2
2
2
2
3
4
5
6
7
8
9
0
2
3
4
5
6
7
8
II
II
II
II
II
II
I I
II
II
II
II
II
I I
II
I I
II
II
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
9
5
10
15
20
25
10- 7-01 1534 Frcm-FM G SIQ-234-1759 rB39 P 1114 F-9S0
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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(
10
~J~ 5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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]
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
8
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
11
III
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
)
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)
12
1
2
3
4
5
6
7
8
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
1
1
1
1
1
1
1
1
2
21
2
2
2
2
2
2
2
2
3
4
5
6
7
8
9
0
2
3
4
5
6
7
8
II
II
II
II
II
II
I I
II
II
II
II
II
I I
II
I I
II
II
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
9
5
10
15
20
25
10- 7-01 1534 Frcm-FM G SIQ-234-1759 rB39 P 1114 F-9S0
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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(
10
~J~ 5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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]
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
8
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
11
III
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
)
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)
12
1
2
3
4
5
6
7
8
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
1
1
1
1
1
1
1
1
2
21
2
2
2
2
2
2
2
2
3
4
5
6
7
8
9
0
2
3
4
5
6
7
8
II
II
II
II
II
II
I I
II
II
II
II
II
I I
II
I I
II
II
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
9
5
10
15
20
25
10- 7-01 1534 Frcm-FM G SIQ-234-1759 rB39 P 1114 F-9S0
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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(
10
~J~ 5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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]
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
8
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
11
III
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
)
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)
12
1
2
3
4
5
6
7
8
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
1
1
1
1
1
1
1
1
2
21
2
2
2
2
2
2
2
2
3
4
5
6
7
8
9
0
2
3
4
5
6
7
8
II
II
II
II
II
II
I I
II
II
II
II
II
I I
II
I I
II
II
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
9
5
10
15
20
25
10- 7-01 1534 Frcm-FM G SIQ-234-1759 rB39 P 1114 F-9S0
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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(
10
~J~ 5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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]
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
8
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
11
III
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
)
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)
12
1
2
3
4
5
6
7
8
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
1
1
1
1
1
1
1
1
2
21
2
2
2
2
2
2
2
2
3
4
5
6
7
8
9
0
2
3
4
5
6
7
8
II
II
II
II
II
II
I I
II
II
II
II
II
I I
II
I I
II
II
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
9
5
10
15
20
25
10- 7-01 1534 Frcm-FM G SIQ-234-1759 rB39 P 1114 F-9S0
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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(
10
~J~ 5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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]
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
8
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
11
III
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
)
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)
12
1
2
3
4
5
6
7
8
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
10
15
20
25
10- 7-01 1534 Frcm-FM G SIQ-234-1759 rB39 P 1114 F-9S0
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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(
10
~J~ 5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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]
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
8
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
11
III
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
)
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)
12
1
2
3
4
5
6
7
8
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
~J~ 5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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]
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
8
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
11
III
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
)
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)
12
1
2
3
4
5
6
7
8
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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]
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
8
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
11
III
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
)
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)
12
1
2
3
4
5
6
7
8
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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]
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
8
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
11
III
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
)
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)
12
1
2
3
4
5
6
7
8
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
8
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
11
III
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
)
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)
12
1
2
3
4
5
6
7
8
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
8
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
11
III
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
)
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)
12
1
2
3
4
5
6
7
8
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
8
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
11
III
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
)
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)
12
1
2
3
4
5
6
7
8
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
8
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
11
III
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
)
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)
12
1
2
3
4
5
6
7
8
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
8
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
11
III
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
)
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)
12
1
2
3
4
5
6
7
8
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
8
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
11
III
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
)
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)
12
1
2
3
4
5
6
7
8
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
8
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
11
III
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
)
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)
12
1
2
3
4
5
6
7
8
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
11
III
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
)
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)
12
1
2
3
4
5
6
7
8
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
11
III
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
)
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)
12
1
2
3
4
5
6
7
8
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
11
III
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
)
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)
12
1
2
3
4
5
6
7
8
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
)
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)
12
1
2
3
4
5
6
7
8
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
II
II
II
11
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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)
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
2
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
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
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(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
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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