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A Little North Carolina K**** H**** Kharma Action For Big Evil

August 5th, 2012 by Jim Plagakis
Go here to read the pdf. It includes the name and signature of the PHARMACY MANAGER who agreed to the discipline. It is obliterated below. PharmacistSteve, you are absolutely right. They are starting to lay the heavy wood on the PIC and not the company. Who the !**@! would want that job? Too much grief if you are in jeopardy when they assign a true “Warm Body With A License” to your store.
BEFORE THE NORTH CAROLINA BOARD OF PHARMACY
In the Matter of:
CVS/PHARMACY
(Permit No. 10878)
CONSENT ORDER OF
DISCIPLINE
THIS MATTER came on to be considered at a prehearing conference (hereinafter,
“Conference”) before a member of the North Carolina Board of Pharmacy (hereinafter, “Board”)
pursuant to 21 N.C. A.C. 46 .2008. This Conference was scheduled for June 18,2012 and, after
appropriate notice, was heard on that day by Board member Gene W. Minton at the offrces of the
Board. Respondent CVS/pharmacy (Permit No. 10878) (hereinafter, “Respondent” or “CVS”)
was present and was represented by Counsel George G. Hearn and Brenda Maloney Shafer.
Counsel Rebecca L. Cage represented the Board. Members of the Board’s investigative staff and
related respondents were also present at the Conference.
CVS has agreed to waive a formal hearing in the above-referenced matter. Both parties
stipulate and agree to the findings of fact and conclusions of law recited herein and to the order
of discipline imposed. By its consent, CVS also stipulates that it waives its right to appeal this
Consent Order or challenge in any way the sufficiency of the findings of this Order. Based upon
the consent of the parties, the Board hereby enters the following:
FINDINGS OF FACT
1. The North Carolina Board of Phannacy is a body duly organized under the laws
of North Carolina and is the proper body for this proceeding under the authority granted it in
Chapter 90 of the General Statutes of North Carolina, and the rules and regulations promulgated
thereunder.
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)
)
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)
)
2. CVS is and was, at all relevant times referred to herein, the holder of Permit No.
10878 from the Board, and located at 3001 Fayetteville Road, Lumberton, North Carolina. CVS
is and was, at all relevant times referenced to herein, subject to the rules and regulations of the
North Carolina Board of Pharmacy and the laws of the State of North Carolina.
3. On June 1,2011, CVS held a training program in Wilmington, N.C. for the
administration of vaccines, which was attended by nine pharmacists and two pharmacy interns
(“Participants”). As set forth below, it was later determined by the Board that the training
program did not meet the requirements for a certifrcate program under North Carolina law.
4. On September 15, 2011, the Board received an anonymous complaint notifring
the Board of alleged deficiencies in the vaccination training program offered by CVS on June 1,
2011, including allegations that the training program did not include the required two
intramuscular injections and one subcutaneous injection and that the trainer provided each of the
assessment examination answers to the Participants of the program.
5. On October 20,2011, Jay Campbell, Executive Director of the Board, notified
CVS, through Michael Sherry, Manager, Retail Clinical Operations, of the anonymous complaint
received by the Board and requested a response. Mr. Campbell wrote that it appeared that the
pharmacists who participated in the purported training program were not properly trained and
certified to administer vaccines. Mr. Campbell notif,red Mr. Sherry that, based upon the
investigation, it appeared that any permits who permitted these pharmacists to administer
vaccines were violating North Carolina law.
6. On November 10, 2011, Mr. Sherry provided a written response to Mr. Campbell.
Mr. Sherry identified the Participants, the trainer, and, based on CVS’s investigation, confirmed
that the training program did not include the required two intramuscular injections and one
2
subcutaneous injection. Mr. Sherry also conveyed that the Parlicipants would be retlained and
would retake the examination, and until they did so, the Participants were notified that they were
not permitted to administer vaccines. Mr, Sherry provided the number of vaccinations that the
Participants administered between the training on June I ,2011 and the time at which they were
instructed by CVS to cease any vaccination administration, which was on or about October 24,
20IL After further investigation and during the Conference, Mt, Sherry also confirmed that the
trainer provided each of the assessment examination answers to the Participants of the program.
7. From on or about November 14 to November 24,2011, a new CVS trainer
conducted retraining on injection technique. Participants April Rogers, Edmund Wellons, Myra
Rochelle, Nathaniel Brooks, Lauralyle Weavel and Amos Brinson underwent injection tecl-rnique
retraining. Participants Matt Rettig, Ashok Chandarana and David Kopaczewski opted not to
undergo retraining and instead decided to no longer administer vaccinations. Following injection
retraining, Parlicipants April Rogers, Edmund Wellons. Myra Rochelle, Nathaniel Brooks.
Lauralyle Weaver and Amos Brinson again began to adrninister vaccines based oll
communiation fiom CVS that they were permitted to do so, The retraining that took place in
November 20 i I did not, however, require the Participants to repeat the didactic coursework ol to
retake the assessment examination.
L On December 5, 2011, Ml. Sherry received a letter from Mr. Campbell inl-olrr-ring
him that not all participants had been retrained on injection technique and that none of the
participants had repeated the didactic course work or had retaken the exam. Accordingly, the
Participants remained irnpropelly trained and not certified to adrninister vaccines under North
Carolina law.
3
9. From on or about December 5 to December 19,2011, CVS conducted exam retesting
of certain of the Participants. April Rogers, Edmund Wellons, Myra Rochelle and
Lauralyle Vy’eaver re-took the examination. Participants Nathaniel Brooks and Amos Brinson
elected not to re-test and instead decided to undergo the full training for certification for the Fall,
2012 flr;- season.
10. On or about December 79,2011 Mr. Campbell contacted CVS Wilmington area
pharmacy supervisor Betsy Ramsay and informed her that the Participants were not permitted to
administer vaccines.
11. From on or about December 19,2011 upon direction from CVS, none of the
Participants administered any vaccines as directed by the Board.
12. Between August 30,2011 and December 14,2011, CVS permiued R. Ph. April
Rogers, as pharmacist-manager, to unlawfully administer 118 vaccines.
13. Further, between September 23,2011 and October 18, 2011, CVS permitted R.
Ph. David Kopaczewski to unlawfully administer 6 vaccines under the supervision of
pharmacist-manager April Rogers.
14. In addition, a number of the vaccination records maintained by CVS did not
comply with North Carolina law in that 19 of the records failed to adequately describe the
administration site of injection.
CONCLUSIONS OF LAW
Based on the above findings, the Board concludes as a matter of law:
l. All parties are properly before the Board, and the Board has jurisdiction over CVS
and the subject matter of this proceeding.
4
2. CVS’s conduct, as set out in the findings of fact above, constitutes grounds for
discipline pursuant to N.C. Gen. Stat. $ 90-85.38 because CVS’s acts were in violation of N.C.
Gen. Stat. $ 90-85.3(r), 90-85.38(b), and 90-85.40(; and 21 N.C.A.C. 46 .1804(a),
46 .2302(a), and 46 .2507.
Based upon the foregoing, and with the consent of the parties, IT IS THEREFORE
ORDERED that the permit of CVS is hereby subject to the following conditions:
1. CVS shall administer no vaccinations for a two-year period commencing on the
date of the entry of this Order and running for two consecutive years;
2. CVS shall violate no laws goveming the practice of pharmacy or the distribution
of drugs;
3. CVS shall violate no rules and regulations of the Board;
4. CVS shall cooperate with the Board, its attorneys, investigators and other
representatives in any investigation of compliance with the provisions of this Consent Order; and
5. If CVS fails to comply with any terms or conditions of this Order, CVS may be
subject to additional disciplinary action by the Board.
This the ay of July, 2012.
NORTH CAROLINA BOARD OF PHARMACY
By:
Jack W.
5
ve
CVS/pharmacy, the holder of permit number 10878, has full knowledge that it has the
right to a formal hearing, at which it would have the right to be represented at its expense by
counsel, in this matter. The undersigned freely, knowingly and voluntarily waives such right by
entering into this Consent Order. The undersigned understands and agrees that by entering into
this Consent Order, it certifies that it has read the foregoing Consent Order and that it voluntarily
consents to the terms and conditions set forth therein and relinquishes any right to judicial review
of Board actions which may be taken concerning this matter. The undersigned further
understands that should it violate the terms and conditions of this Consent Order, the Board may
take additional disciplinary action. The undersigned understands and agrees that this Consent
Order will not become effective unless and until approved by the Board. The undersigned
understands that it has the right to have counsel of its choice review and advise it with respect to
its rights and this Consent Order, and represents that it enters this Consent Order after
consultation with its counsel or after knowingly and voluntarily choosing not to consult with
counsel.
The undersigned certifies that its agent executing this Consent Order is duly authorized to
accepf the Consent Order on behalf of CVS/pharmacy, and to bind the permit holder.
ACCEPTED AND CONSENTED TO BY
10878)
Date rl-t3 -)l)-
By:
Ph*”,no$O”,r2nr g
STATE OF
UttLCOTINTY
I, the undersigned Notary Public of the County and State aforesaid, do hereby certify that
the following personally me this acknowledged the due execution of the
foregoing document:
Date
EDNA BROI’YI{
Public
6
My commission expires: 1
* * * * * ,1. * * ‘F * *: * * * * * * * * * * * * {.,1. * * * * t< * ,1. * * * d. * * ‘ ‘ * tF * t * * {. 1. * *
‘|<
* {< * * {. {<
’1.
REJECTED BY:
Date
CVS/pharmacy (Permit No. 10878)
7

BEFORE THE NORTH CAROLINA BOARD OF PHARMACYIn the Matter of:CVS/PHARMACY(Permit No. 10878)CONSENT ORDER OFDISCIPLINETHIS MATTER came on to be considered at a prehearing conference (hereinafter,”Conference”) before a member of the North Carolina Board of Pharmacy (hereinafter, “Board”)pursuant to 21 N.C. A.C. 46 .2008. This Conference was scheduled for June 18,2012 and, afterappropriate notice, was heard on that day by Board member Gene W. Minton at the offrces of theBoard. Respondent CVS/pharmacy (Permit No. 10878) (hereinafter, “Respondent” or “CVS”)was present and was represented by Counsel George G. Hearn and Brenda Maloney Shafer.Counsel Rebecca L. Cage represented the Board. Members of the Board’s investigative staff andrelated respondents were also present at the Conference.CVS has agreed to waive a formal hearing in the above-referenced matter. Both partiesstipulate and agree to the findings of fact and conclusions of law recited herein and to the orderof discipline imposed. By its consent, CVS also stipulates that it waives its right to appeal thisConsent Order or challenge in any way the sufficiency of the findings of this Order. Based uponthe consent of the parties, the Board hereby enters the following:FINDINGS OF FACT1. The North Carolina Board of Phannacy is a body duly organized under the lawsof North Carolina and is the proper body for this proceeding under the authority granted it inChapter 90 of the General Statutes of North Carolina, and the rules and regulations promulgatedthereunder.))))))2. CVS is and was, at all relevant times referred to herein, the holder of Permit No.10878 from the Board, and located at 3001 Fayetteville Road, Lumberton, North Carolina. CVSis and was, at all relevant times referenced to herein, subject to the rules and regulations of theNorth Carolina Board of Pharmacy and the laws of the State of North Carolina.3. On June 1,2011, CVS held a training program in Wilmington, N.C. for theadministration of vaccines, which was attended by nine pharmacists and two pharmacy interns(“Participants”). As set forth below, it was later determined by the Board that the trainingprogram did not meet the requirements for a certifrcate program under North Carolina law.4. On September 15, 2011, the Board received an anonymous complaint notifringthe Board of alleged deficiencies in the vaccination training program offered by CVS on June 1,2011, including allegations that the training program did not include the required twointramuscular injections and one subcutaneous injection and that the trainer provided each of theassessment examination answers to the Participants of the program.5. On October 20,2011, Jay Campbell, Executive Director of the Board, notifiedCVS, through Michael Sherry, Manager, Retail Clinical Operations, of the anonymous complaintreceived by the Board and requested a response. Mr. Campbell wrote that it appeared that thepharmacists who participated in the purported training program were not properly trained andcertified to administer vaccines. Mr. Campbell notif,red Mr. Sherry that, based upon theinvestigation, it appeared that any permits who permitted these pharmacists to administervaccines were violating North Carolina law.6. On November 10, 2011, Mr. Sherry provided a written response to Mr. Campbell.Mr. Sherry identified the Participants, the trainer, and, based on CVS’s investigation, confirmedthat the training program did not include the required two intramuscular injections and one2subcutaneous injection. Mr. Sherry also conveyed that the Parlicipants would be retlained andwould retake the examination, and until they did so, the Participants were notified that they werenot permitted to administer vaccines. Mr, Sherry provided the number of vaccinations that theParticipants administered between the training on June I ,2011 and the time at which they wereinstructed by CVS to cease any vaccination administration, which was on or about October 24,20IL After further investigation and during the Conference, Mt, Sherry also confirmed that thetrainer provided each of the assessment examination answers to the Participants of the program.7. From on or about November 14 to November 24,2011, a new CVS trainerconducted retraining on injection technique. Participants April Rogers, Edmund Wellons, MyraRochelle, Nathaniel Brooks, Lauralyle Weavel and Amos Brinson underwent injection tecl-rniqueretraining. Participants Matt Rettig, Ashok Chandarana and David Kopaczewski opted not toundergo retraining and instead decided to no longer administer vaccinations. Following injectionretraining, Parlicipants April Rogers, Edmund Wellons. Myra Rochelle, Nathaniel Brooks.Lauralyle Weaver and Amos Brinson again began to adrninister vaccines based ollcommuniation fiom CVS that they were permitted to do so, The retraining that took place inNovember 20 i I did not, however, require the Participants to repeat the didactic coursework ol toretake the assessment examination.L On December 5, 2011, Ml. Sherry received a letter from Mr. Campbell inl-olrr-ringhim that not all participants had been retrained on injection technique and that none of theparticipants had repeated the didactic course work or had retaken the exam. Accordingly, theParticipants remained irnpropelly trained and not certified to adrninister vaccines under NorthCarolina law.39. From on or about December 5 to December 19,2011, CVS conducted exam retestingof certain of the Participants. April Rogers, Edmund Wellons, Myra Rochelle andLauralyle Vy’eaver re-took the examination. Participants Nathaniel Brooks and Amos Brinsonelected not to re-test and instead decided to undergo the full training for certification for the Fall,2012 flr;- season.10. On or about December 79,2011 Mr. Campbell contacted CVS Wilmington areapharmacy supervisor Betsy Ramsay and informed her that the Participants were not permitted toadminister vaccines.11. From on or about December 19,2011 upon direction from CVS, none of theParticipants administered any vaccines as directed by the Board.12. Between August 30,2011 and December 14,2011, CVS permiued R. Ph. AprilRogers, as pharmacist-manager, to unlawfully administer 118 vaccines.13. Further, between September 23,2011 and October 18, 2011, CVS permitted R.Ph. David Kopaczewski to unlawfully administer 6 vaccines under the supervision ofpharmacist-manager April Rogers.14. In addition, a number of the vaccination records maintained by CVS did notcomply with North Carolina law in that 19 of the records failed to adequately describe theadministration site of injection.CONCLUSIONS OF LAWBased on the above findings, the Board concludes as a matter of law:l. All parties are properly before the Board, and the Board has jurisdiction over CVSand the subject matter of this proceeding.42. CVS’s conduct, as set out in the findings of fact above, constitutes grounds fordiscipline pursuant to N.C. Gen. Stat. $ 90-85.38 because CVS’s acts were in violation of N.C.Gen. Stat. $ 90-85.3(r), 90-85.38(b), and 90-85.40(; and 21 N.C.A.C. 46 .1804(a),46 .2302(a), and 46 .2507.Based upon the foregoing, and with the consent of the parties, IT IS THEREFOREORDERED that the permit of CVS is hereby subject to the following conditions:1. CVS shall administer no vaccinations for a two-year period commencing on thedate of the entry of this Order and running for two consecutive years;2. CVS shall violate no laws goveming the practice of pharmacy or the distributionof drugs;3. CVS shall violate no rules and regulations of the Board;4. CVS shall cooperate with the Board, its attorneys, investigators and otherrepresentatives in any investigation of compliance with the provisions of this Consent Order; and5. If CVS fails to comply with any terms or conditions of this Order, CVS may besubject to additional disciplinary action by the Board.This the ay of July, 2012.NORTH CAROLINA BOARD OF PHARMACYBy:Jack W.5veCVS/pharmacy, the holder of permit number 10878, has full knowledge that it has theright to a formal hearing, at which it would have the right to be represented at its expense bycounsel, in this matter. The undersigned freely, knowingly and voluntarily waives such right byentering into this Consent Order. The undersigned understands and agrees that by entering intothis Consent Order, it certifies that it has read the foregoing Consent Order and that it voluntarilyconsents to the terms and conditions set forth therein and relinquishes any right to judicial reviewof Board actions which may be taken concerning this matter. The undersigned furtherunderstands that should it violate the terms and conditions of this Consent Order, the Board maytake additional disciplinary action. The undersigned understands and agrees that this ConsentOrder will not become effective unless and until approved by the Board. The undersignedunderstands that it has the right to have counsel of its choice review and advise it with respect toits rights and this Consent Order, and represents that it enters this Consent Order afterconsultation with its counsel or after knowingly and voluntarily choosing not to consult withcounsel.The undersigned certifies that its agent executing this Consent Order is duly authorized toaccepf the Consent Order on behalf of CVS/pharmacy, and to bind the permit holder.ACCEPTED AND CONSENTED TO BY10878)Date rl-t3 -)l)-By:Ph*”,no$O”,r2nr gSTATE OFUttLCOTINTYI, the undersigned Notary Public of the County and State aforesaid, do hereby certify thatthe following personally me this acknowledged the due execution of theforegoing document:DateEDNA BROI’YI{Public6My commission expires: 1* * * * * ,1. * * ‘F * *: * * * * * * * * * * * * {.,1. * * * * t< * ,1. * * * d. * * ‘ ‘ * tF * t * * {. 1. * *’|<* {< * * {. {<’1.REJECTED BY:DateCVS/pharmacy (Permit No. 10878)7

 
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