DEVAL L. PATRICK
GOVERNOR

TIMOTHY P. MURRAY
LIEUTENANT GOVERNOR

JUDYANN BIGBY, MD
SECRETARY

JOHN AUERBACH
COMMISSIONER

The Commonwealth of Massachusetts Executive Office of Health and Human Services Department of Public Health
Division of Health Professions Licensure

Board of Registration in Pharmacy
239 Causeway Street, Suite 500, 5th Floor Boston, MA 02114
(800) 414-0168
http://www.mass.gov/reg/boards/pharmacy

May 17, 2011

[redacted]

Re: Matter of Daniel J. Hamm (PH232745) - Docket No. PHA-2011-0116 

Dear Mr. Hamm:

The Board of Registration in Pharmacy (Board) is in receipt of a May 13, 2011 letter from Atty. Joel S. Chase enclosing your May 13, 2011 letter surrendering your Massachusetts Pharmacist registration (No. PH232745) in resolution of above-referenced complaint Docket No. PHA-
2011-0116 (Complaint).

Please be advised that the Board has accepted the surrender of your pharmacist registration in resolution of the Complaint, and in accordance with Board regulation 247 CMR 10.06(6), on the terms and conditions that the surrender considered to be: (1) voluntarily tendered; (2) a reportable disciplinary action depriving you of all privileges of registration; (3) a public document subject to disclosure by the Board; (4) not subject to reconsideration or judicial review; and (5) a waiver of your right to any hearing pursuant to G.L. c. 30A.

The Board will not review any application for licensure as a pharmacist sooner than five years from the effective date of license surrender (05/13/2011). If you apply for pharmacist licensure in the Commonwealth at any time in the future, you will be required to meet all current requirements for licensure, including the moral character qualification which would include a review of any court proceedings pending or final as of the date of any such application, and a period of monitoring to be determined by the Board prior to applying for licensure in the Commonwealth. At this time the Board, the Board does not envision any terms or conditions that would be appropriate for you to be licensed as pharmacist in the Commonwealth.

Very truly yours, 

Stanley B. Walczyk, R.Ph. 
President
Dec. No. 2621

cc: Joel S. Chase. Esq., 300 Metro Center Boulevard, Suite 150A, Warwick, RI 02886

STATE OF RHODE ISLAND
PROVIDENCE, SC.

RHODE ISLAND DEPARTMENT OF HEALTH 
HEALTH SERVICES REGULATION:    
BOARD OF PHARMACY

            v.

DANIEL JAMES HAMM, R.PH.

SUMMARY SUSPENSION

Daniel James Hamm (hereinafter “Respondent”) is licensed as a pharmacist pursuant to RI. Gen. Laws 5-19. 1-8 and holds license number RPH04963.
On or about April 6th and April 7th 2011, while employed as a pharmacist at Miriam Hospital Pharmacy located at 164 Summit Avenue, Providence, Rhode Island, the Respondent diverted one (1) vial of morphine Sulfate 15mg/ml Inj. and eight (8) vials of Hydromorphone 50mg/5ml Inj., each classified as schedule II controlled substances pursuant to R.I. Gen Laws 21-28-2.08. The Respondent 	attempted to conceal his actions by replacing and diluting the remaining drug contents of these vials with a non pharmaceutically active substance rendering the product adulterated pursuant to R.I. Gen Laws 21-31-14. Toxicology reports obtained from Miriam Hospital on the Hydromorphone product that the Respondent adulterated demonstrated the vials to contain only 6.6% of the stated strength on the label. The Respondent then returned the adulterated vials back to the pharmacy for recirculation and dispensing to the patient population.
Based upon the foregoing, the Director of Health has determined that the continuation of the license of Daniel James Hamm as a pharmacist constitutes an imminent threat to the health, welfare and safety of the public. Accordingly, the pharmacist license of Daniel Hamm is hereby suspended forthwith.  Said suspension shall continue indefinitely pending further Order of the Department of Health. The Respondent may request a hearing on this matter which will be scheduled within ten (10) days, if so requested
Signed this 21st day of April, 2011.
Michael Fine, MD, MPH
Director of Health  
R.I. Department of Health
Cannon Building, Room 401
Three Capitol Hill	
Providence, RI 02908-5097
Tel. (401) 222-2231
Fax (401) 222-6548

CERTIFICATION

I hereby certify that I have hand-delivered the within SUMMARY SUSPENSION to Daniel Hamm, [redacted] on this 22nd day of April, 2011.

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