COMMONWEALTH OF MASSACHUSETTS

SUFFOLK COUNTY	                                                                       BOARD OF REGISTRATION
                                                                                                           IN PHARMACY
______________________________
In the Matter of	                       
Deborah M. Tolland, R.Ph.	                                                          Docket No. PHA20090084
Pharmacist Registration No. 22932   

                                                                   CONSENT AGREEMENT

The Board of Registration in Pharmacy ("Board") and Deborah M. Tolland, R.Ph. ("Registrant"), a 
pharmacist registered by the Board (Pharmacist Registration No. 22932), do hereby stipulate and 
agree that the following information shall be entered into and become a permanent part of the file of 
Registrant which is maintained by the Board:

1.	The parties enter into this Consent Agreement ("Agreement") to resolve disputed matters 
arising out of the complaint pending against Registrant before the Board as Docket No. 
PHA20090084 ("Complaint").

2.	The Registrant acknowledges and agrees that this Agreement has been entered into as a result
of her admission to the diversion, for personal use, of the controlled substances Lorazepam 
2 mg tablets from on or about November 2007 through May 2008, while employed at 
Ashburnham Family Pharmacy located at 63 Main Street in Ashburnham, Massachusetts in 
violation of G.L. c. 94C, § 37.

3.	The Registrant has entered into a contract with the Massachusetts Professional Recovery 
System ("MPRS") dated September 1, 2009 ("Contract"), the terms and conditions of the 
Contract being incorporated into the terms of this Agreement.

4.	Accordingly, the Registrant freely agrees to the following:

a.	the Registrant agrees that her conduct described in Paragraph 2 above constitutes 
professional misconduct warranting Board disciplinary action pursuant to G.L. c. 112, 
§ 61 and Board Regulations 247 CMR 9.01(1) and 10.03, subsections (1)(a); 
10.03(1)(b); 10.03(1)(e); 10.03(1)(g); 10.03(1)(1); 10.03(1)(u); and 10.03(1)(w);

b.	the Registrant agrees to an abide by all of the terms and conditions of the Contract for 
the five year duration of the Contract ("Contract Period") unless sooner dissolved by 
the MPRS Committee ("Committee") and the Board;

c.	the Registrant agrees that during the initial twelve months of the Contract Period, or 
such longer period as the Board may determine to be appropriate, Registrant shall 
surrender her pharmacist license to the Board (the "Surrender Period"). After the first 
twelve months of the Contract Period, Registrant may petition the Board to terminate 

the Surrender Period. Registrant shall be required to be in compliance with the terms 
and conditions of the Contract and this Agreement to petition the Board to terminate 
the Surrender Period. The Board may determine that the Surrender Period shall be 
extended for an additional twelve-month period or such longer period as the Board 
may determine to be appropriate. At the time of any petition to terminate the Probation
Period, the Board will consider all information pertaining to Registrant 's fitness to 
resume the practice of pharmacy, including any criminal history or pending criminal 
matters occurring after the date of this Agreement. If the Board determines that 
Registrant is in compliance with all required terms of this Agreement and the Contract, 
the Board may terminate the Surrender Period and place Registrant's license on 
probationary status for a four-year period or such other period determined appropriate
by the Board, commencing on the date of the termination of the Surrender Period (the 
"Probation Period "). Termination of the Probation Period shall be governed by 
Paragraph 6 of this Agreement. The Registrant may be required to appear before the 
Board in connection with any petition to terminate the Surrender Period. The Board 
will not consider such a petition without a recommendation by the MPRS Committee; 
and

d.	the Registrant agrees to return a signed copy of this Agreement to the Board within ten
(10) days of receipt.

5.	During the Surrender and Probation Periods, the Registrant agrees:

a.	to undergo monitoring by the Board which shall include random drug/alcohol 
screenings as required by MPRS or the Board;

b.	to refrain from the consumption of alcohol and the use of all controlled substances 
unless specifically prescribed by a treating physician and approved by MPRS, who has 
been informed of the Registrant 's history, for the purpose of prescribing for a legitimate 
medical purpose and in the usual course of the physician's practice;

c.	that she may not self prescribe controlled substances and shall adhere to all laws and 
regulations pertaining to the dispensing, administration and distribution of controlled 
substances; and

d.	that she hereby waives any privileges concerning and all information , reports and 
records relating to his MPRS contract and the disclosure of such information to the 
Board. This release includes the Registrant's waiver of any privileges and immunities 
she may possess regarding all material covered by 42 CFR Part 2 and the Criminal 
Offender Records Information (CORI) Act (G.L. c. 6, §§ 167-178) and authorizes the 
Board to have access to all such information and records.

6.	Registrant agrees that the termination of the Probation Period shall be granted only if she has 
met the following conditions:

a.	Registrant must apply in writing to the Board for termination of the Probation Period.
The Board will not consider such a request without a recommendation by the MPRS Committee and the Board may request a conference to discuss the merits of such 
request;

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b.	Registrant has provided documentation, satisfactory to the Board that she has 
successfully completed the Contract; and

c.	Registrant has fully complied with all terms and conditions of this Agreement and
      meets all other requirements for licensure.

7.	This Agreement and its contents shall be incorporated into the records maintained by the 
Board, are matters of public record, subject to disclosure, without limitation, to the public 
and equivalent state licensing boards.

8.	The Board agrees that in return for the Registrant's execution of this Agreement, the Board 
will not advance the prosecution of the Registrant pursuant to the Complaint. Any and all 
other rights 0fthe Board to take action within the scope of its authority are expressly reserved.	

9.	The Registrant understands and agrees that her failure to comply with the terms of this 
Agreement shall nullify the representations contained in Paragraph 8, and permit the Board 
to initiate formal adjudicatory action under the State Administrative Procedure Act, G.L. c. 
30A, and the Standard Adjudicatory Rues of Practice and Procedure, 801 CMR 1.00 et. seq.

10.	The Registrant understands and agrees that, at any time during the Contract or Probation 
Periods, upon a determination by the Board of any violation of any of the terms and 
conditions of this Agreement or the Contract as set forth in Paragraph 12, or any violation 
of the applicable laws, rules and regulations governing the practice of pharmacy, Registrant 
shall be required to IMMEDIATELY SURRENDER her pharmacist license to the Board 
without the requirement of any adjudicatory proceedings pursuant to G.L. c. 30A.

11.	The Registrant understands and agrees that should she be found to have violated any of 
the statutes and/or regulations governing the practice of pharmacy for conduct occurring 
during the Probation Period, the Board may consider the conduct of the Registrant 
described in Paragraph 2 and more fully described in Complaint Docket No. PHA20090084 
in determining an appropriate sanction for the subsequent offense.

      12.	      The Registrant understands and agrees that any of the following may be considered by the 
       Board to be a violation of this Agreement requiring Registrant to IMMEDIATELY 
       SURRENDER her license to the Board:

a.	       A sample of the Registrant's blood, breath or other substance is found to contain 
 any evidence of alcohol or any controlled substance in violation of this 
 Agreement or the Contract;

      	       b.	        the Board or MPRS has other reliable evidence that the Registrant has used 
        alcohol or any controlled substance in violation of this Agreement or the Contract;

       c.	        the Registrant misses, or fails to call for any random screening tests, excluding an
                    administrative or laboratory error beyond the control of the Registrant;

                   d.          the Registrant refuses to cooperate with MPRS in its monitoring; or

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        e.           the Registrant withdraws any waiver or release provided and/or filed in connection 
                                 with this Agreement or the Contract.

13.	The Registrant understands and agrees that her decision to enter into this Agreement and to 
accept the terms and conditions herein described is a final act and is not subject to 
reconsideration or judicial review.

14.	The Registrant states that she has used legal counsel in connection with her decision to enter 
into this Agreement or, if she did not, that she had an opportunity to do so and that her 
decision to enter into this Agreement was made of her own free will.

15.	The Registrant certifies that she has read this document entitled "Consent Agreement".
	The Registrant understands that, by executing this Agreement, she is waiving his right to a 
formal hearing at which she would possess the rights to confront and cross-examine witnesses, 
to call witnesses, to present evidence, to testify on her own behalf, to contest the allegations, 
to present oral argument, to appeal to court in the event of an adverse ruling, and all other rights
set forth in G.L. c. 30A and 801 CMR 1.01 et seq. Registrant states that she further understands 
that in executing this document entitled "Consent Agreement", she is knowingly and 
voluntarily waiving her right to a formal hearing and to all of the above listed rights.

Deborah M. Tolland, R.Ph.

                                                                                                Effective Date: Sept. 1, 09  

                                                                                                BOARD OF REGISTRATION
                                                                                                IN PHARMACY 

                                                                                         By:  James T. DeVita, R.Ph. 
                                                                                                 President
                                                                                       Date: 11/17/09	

Decision No. 2161

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