GARDINER – A Rangeley pharmacist will get his license back if he passes a state exam, works under supervision for 14 days and complies with a list of conditions outlined by state pharmacy regulators Thursday.
The Board of Pharmacy ruled Thursday that Joey McLafferty, 71, whose pharmacy license was temporarily suspended in June, had violated 10 of 12 federal and state pharmacy rules he was initially cited on.
The board fined McLafferty $10,700 with all but $4,000 excused unless another violation comes to light. They also held him responsible for up to $3,500 for costs of the two-day hearing and required him to abstain from consuming alcohol, undergo random alcohol testing and continue seeing a substance abuse counselor until Feb. 6, 2006. They also agreed to issue a letter of reprimand for failing to establish and maintain effective controls to prevent errors or misfills and to issue a letter of guidance on alcohol use during business hours.
A substance abuse counselor testified Tuesday that McLafferty didn’t abuse alcohol and wasn’t dependent on it.
The board also is requiring McLafferty to have a physical examination and to get his hearing checked to determine fitness to work. The last physical McLafferty said he had was 30 years ago.
Board members said that if McLafferty passes the state pharmacy law exam he could have a conditional license to practice as long as he serves 14 days under the supervision of a licensed pharmacist.
The supervising pharmacist will be asked to submit a report to the board on McLafferty’s professional abilities and pharmacy operations.
The board will decide Sept. 13 if McLafferty will have his full license returned to him.
McLafferty’s pharmacy license was suspended in June after an investigation by police and a state inspector brought to light missing narcotics at the store. Two teenage employees and one teenage former employee were accused of stealing prescription drugs. The 15-year-old and two 16-year-old girls pleaded guilty to charges Wednesday.
Pharmacy board members said that although they thought McLafferty used poor judgment in his routine of drinking one or two beers during lunch most days before returning to fill prescriptions, the state didn’t prove that the alcohol consumption interfered with his ability to do his work skillfully and safely.
McLafferty, who had an unblemished 45-year career until June and had never taken a vacation or sick day, said he had no complaints or malpractice suits filed against him. All witnesses at the two-day hearing said they had never had a problem with their prescriptions or with McLafferty’s service.
The board did find that McLafferty failed to file required reports or records, failed to establish and maintain effective controls against diversion of prescription drugs, failed to establish and maintain effective controls to prevent errors and misfills, failed to properly secure or store all drugs in the pharmacy, failed to ensure that no person remains in the prescription filling area during the absence of a pharmacist or authorized pharmacy technician, failed to secure the prescription area with a proper barrier during the absence of a pharmacist or technician, failed to activate an electronic security system, failed to maintain perpetual inventory records that indicate all receipts and dispersals of specific controlled substances, and failed to report a 2004 theft or loss of prescription drugs to the pharmacy board.
A two-year audit of narcotics at the store showing that more than 8,000 pills were missing was deemed skewed to some degree because of returns not being factored in and records not being accurately kept. The number of narcotics missing, state inspector Gregory Cameron testified, was still significant.
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