DEVAL L. PATRICK
GOVERNOR

TIMOTHY P. MURRAY
LIEUTENANT GOVERN O R

JOHN W.  POLANOWICZ
SECRETARY

LAUREN A. SMITH, MD, MPH
INTERIM 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
617-973-0954

                                                         May 13, 2013

VIA FIRST CLASS AND CERTIFIED MAIL RETURN 
RECEIPT REQUESTED NO. 7010 2780 0001 8675 9920

Jennifer L. Dulong
[redacted]

RE:	In the Matter of Jennifer L. Dulong, PT License No. PT8742 
            Board of Registration in Pharmacy Docket No. PHA-2011-0196

Dear Ms. Dulong:

Enclosed is the Final Decision and Order by Default ('Final Order") issued by the Board of Registration in Pharmacy (Board) in connection with the above­ referenced matter. The effective date of the Board's Order is ten (10) days from the date appearing on page 3 of the Final Order ("Date Issued"). Your client's appeal rights are noted on page 3 of the Final Order.

Sincerely,

Margaret Cittadino 
Associate Director
Board of Registration in Pharmacy

Enc.

cc: Paul Moore, Prosecuting Counsel

COMMONWEALTH OF MASSACHUSETTS

SUFFOLK COUNTY	                                                                     BOARD OF REGISTRATION
                                                                                                         IN PHARMACY

   In the Matter of                           )
Jennifer L. Dulong                    )                                                   Docket No. 2012-0196
PH-PT Registration No. 8742     )
License expired 6/29/2009          )

FINAL DECISION AND ORDER BY DEFAULT

On  March 11, 2013, the Board of Registration in Pharmacy ("Board") issued and duly served  on Jennifer L. Dulong ("Respondent") an Order to Show Cause ("Show Cause Order'')1 related  to a complaint filed regarding Respondent's registration. In addition to stating the allegations  against Respondent, the Show Cause Order notified Respondent that an Answer to the Show Cause Order ("Answer") was to be submitted within 21 days of receipt of the Show Cause Order.2 The Show Cause Order also notified Respondent of the right to request a hearing on the allegations,3 and that any hearing request ("Request for Hearing") was to be submitted within 21 days of receipt of the Show Cause Order.4 Respondent was further notified that failure to submit an Answer within 21 days “shall result in the entry of default in the captioned matter” and, if defaulted, "the Board may enter a Final Decision and Order that assumes the truth of the allegations in the Show Cause Order and may revoke, suspend, or take other disciplinary action against Respondent's right to renew Respondent's registration." A copy of the Show Cause Order is attached to this Final Decision and Order by Default and is incorporated herein by reference.

As of the date of this Final Decision and Order by Default, Respondent has failed to file either an Answer or a Request for Hearing.

____________________________
1  Pursuant to 801 CMR 1.01(6)(a).
2  In accordance with 801 CMR 1.01 (6)(d)(2).
3  Pursuant to M.G.L. c. 112, s. 6l.
4  Respondent was also notified that failure to timely submit a Request for Hearing would constitute a waiver of the right to a hearing. 

Dulong, Jennifer
PHA-2012-0196	
PTR742
1 of 4

The Board has afforded Respondent an opportunity for a full and fair hearing on the allegations in the Show Cause Order as required by M.G.L. c. 30A, s. 10, and sufficient  notice of the issues involved to afford Respondent  reasonable opportunity to prepare and present evidence and argument as required by M.G.L. c. 30A, s. 11(1 ). The Board has  also notified  Respondent of the obligation under  801 CMR 1.01(6)(d) to file an Answer  to the Show Cause Order within 21 days of its receipt and of the consequences of failing to file an Answer or otherwise respond.

As authorized by M.G.L. c. 30A. s. 10(2), the Board may make informal disposition  of any adjudicatory  proceeding by default. Upon default, the allegations of the complaint against Respondent are accepted as true. Danca Corp. v. Raytheon Co., 28 Mass. App. Ct. 942, 943 (1990).

Based on the foregoing, the Board enters a default in the above-captioned matter and consequently, the allegations in the Order to Show Cause are deemed to be true and Respondent has waived the right to be heard. In accordance with the Board's authority and statutory mandate; the Board orders as follows:

On May 7, 2013, in accordance with the Board's authority and statutory mandate, the Board voted to issue this Final Decision and Order by Default and REVOKE Massachusetts Pharmacy Technician Registration No. 8742 (expired  6/29/09; summarily suspended by the Board effective 10/22/12) by the following vote: in favor: J. DeVita, Rph; J. Franke, RN, MHA; K. Ryle, RPh, MS; E. Taglieri, RPh, MSM, NHA; J. Trifone, RPh; A. Young, R.Ph, EdD; P. Gannon, RPh, MS; opposing: none; abstaining: none.

The Board will not review any petition for pharmacy technician registration in the Commonwealth filed sooner than five (5) years from the Effective Date of this Final Decision and Order by Default. While Respondent's pharmacy technician registration is REVOKED, Respondent may not: (1) be employed in any capacity to provide any services in any pharmacy setting in the Commonwealth; or (2) have any ownership, management or

Dulong, Jennifer 
PHA-2012-0196 
PT8742
2 of 4

other interest or involvement in any pharmacy related business in any setting. If at any time in the future Respondent seeks licensure or registration by the Board, Respondent will be required to meet all current requirements for licensure or registration at the time of any such application including but not limited to, re­application, re-examination and  re-training. The Respondent must also show proof of sobriety and closure of all criminal matters for at least one (1) year and any other reinstatement terms and conditions the Board may deem to be necessary and appropriate. The Board does not envision any terms or conditions pursuant to which Respondent would be considered to be appropriate for licensure or registration in the future.

EFFECTIVE DATE OF ORDER

The Order of the Board shall be effective ten days from the date issued, specified below.

Respondent is hereby notified of the right to appeal this Final Decision and Order by Default to the Supreme Judicial Court, pursuant to G. L. c. 112, § 64 and G. L. c. 30A,
§§ 14 and 15, within thirty days of receipt of notice of this Final Decision and Order by
Default.

BOARD OF REGISTRATION 
IN PHARMACY

Date issued:  May 13, 2013 	
Margaret Cittadino
Associate Director

2	

Dulong, Jennifer 
PHA-2012-0196
PT8742
                                                                    3 of 4

Notice to:

BY FIRST CLASS MAIL AND CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 2780 0001 8675 9920

Jennifer L. Dulong
[redacted]

BY HAND

Paul Moore, Esq.

       Dulong, Jennifer 
       PHA-2012-0196
       PT8742
                                                                              4 of 4

COMMONWEALTH OF MASSACHUSETTS

SUFFOLK COUNTY		                                                              BOARD OF REGISTRATION 
                                                                                                              IN PHARMACY
_____________________________

                                                               )
      In the Matter of	                              )
      Jennifer L Dulong	                  )                                                   Docket No. PHA-2012-0196
      PT – PH Registration No. 8742	      )
      (Registration expired 6/29/2009)     )
      _____________________________)

ORDER TO SHOW CAUSE

Jennifer L. Dulong, you are hereby ordered to appear and show cause why the Massachusetts Board of Registration in Pharmacy ("Board'') should not suspend, revoke, or otherwise take action against your right to renew your registration to practice as a pharmacy technician in the Commonwealth of Massachusetts, registration no. 8742, or your right to renew your registration, pursuant to Massachusetts General Laws (“G.L.”) Chapter 112, §§ 42A and 61, and Board regulations at 247 Code of Massachusetts Regulations ("CMR") 2.00 et seq., based upon the following facts and allegations:

l.	On or about October 16 2007, the Board issued to you a registration to practice as a pharmacy technician. Your registration expired on June 29, 2009, and has not been renewed to date.

2.	During the approximate period May, 2012 through September 7, 2012 ("the relevant time period'') you also held a registration as a pharmacy technician in the State of New Hampshire, registration number 8140.

3.	During the relevant time period, you were employed as a pharmacy technician at Hannaford's Pharmacy (“Hannaford's”) in Hampstead, New Hampshire. During the relevant time period, staff at Hannaford's suspected that you were diverting controlled substances from Hannaford's, an allegation to which you admitted when questioned by Hannaford's staff.

4.	Specifically, you admitted to Hannaford's staff that you had diverted approximately sixty (60) tablets of clonazepam and sixty (60) tablets of hydrocodone during the relevant time period.	

5.	Based on your admission to diverting controlled substances at Hannaford's on or about September 14, 2012, the State of New Hampshire Board of Pharmacy ("New Hampshire Board") issued an Order of Emergency License Suspension and Notice of Hearing based on the New Hampshire Board's belief that your acknowledged conduct constituted imminent danger to life and/or health.

6.	On or about September 19, 2012, the New Hampshire Board accepted the voluntary 
surrender of your New Hampshire pharmacy technician registration, which you had 
tendered on September 17, 2012.

7.	As a result of the events described in paragraphs two through five of this Order to Show 
Cause, on or about October 9, 2012, the Board issued a temporary order of summary 
suspension (“order”) of your right to renew your registration to practice as a pharmacy 
technician in Massachusetts. That order advised you of your right to request a hearing on 
the necessity of continuing the summary suspension of your right to renew your registration 
by filing a written request with the Board by October 11, 2012. You failed to request such 
a hearing.

8.	On or about October 22, 2012, the Board issued a Final Order of Summary Suspension of 
your right to renew your registration to practice as a pharmacy technician in Massachusetts.

9.	Your conduct as described warrants disciplinary action by the Board against your right to 
renew your registration to practice as a pharmacy technician pursuant to G.L. c. 112 § 61 
for deceit, malpractice, gross misconduct in the practice of pharmacy, or for any offense 
against the laws of the Commonwealth relating thereto.

10.	Your conduct as described demonstrates a lack of good moral character required for 
registration as a pharmacy technician in the Commonwealth pursuant to Board regulation 
247 CMR 8.02(1)(a)(3).

11.	Your conduct as described constitutes grounds for discipline pursuant to 247 CMR 
10.03(1)(a) for violating any of the duties and standards set out in Board regulations or 
any rule or written policy adopted by the Board.

12	Your conduct as described constitutes grounds for discipline pursuant to 247 CMR 
10.03(l)(b) for violating provisions of state and federal statutes, rule and regulations related 
to the practice of pharmacy.

13.	Your conduct as described constitutes grounds for discipline pursuant to 247 CMR 
10.03(1)(e) for engaging in misconduct in the practice of pharmacy.

14.	Your conduct as described constitutes grounds for discipline pursuant to 247 CMR 
0.03(l)(h) for engaging in abuse of illegal use of prescription drugs or controlled substances.

15.	Your conduct as described constitutes grounds for discipline pursuant to 247 CMR 
10.03 (1)(k) for engaging in conduct that has the capacity or potential to place the public 
health, safety or welfare at risk.

16.	Your conduct as described constitutes grounds for discipline pursuant to 247 CMR 
10.03(1)(l) for engaging in conduct that has the capacity or potential to deceive or defraud.

17.	Your conduct as described constitutes grounds for discipline pursuant to 247 CMR 
10.03(1)(r) for engaging in conduct that demonstrates a lack of good moral character.

2

18.	Your conduct as described constitutes grounds for discipline pursuant to 247 CMR 
10.03(1)(t) for having been disciplined in another jurisdiction in any way for reasons 
substantially the same as those set forth in 247 CMR l0.03.

19.	Your conduct as described constitutes grounds for discipline pursuant to 247 CMR 
10.03(1)(u) for engaging in conduct which undermines public confidence in the integrity 
of the pharmacy profession.

20.	Your conduct as described constitutes grounds for discipline pursuant to 247 CMR 
10.03(1)(v) for committing an act (or acts) that violates recognized standards of pharmacy  
practice.

21.	Your conduct as described constitutes grounds for discipline pursuant to 247 CMR 
10.03(1)(x) for violation of G. L. c. 94C, the Massachusetts Controlled Substances Act, 
or any rules or regulations promulgated thereunder.

22.	Your conduct as described constitutes unprofessional conduct and conduct which 
undermines public confidence in the integrity of the pharmacy profession. Sugarman v. 
Board of Registration in Medicine, 422 Mass. 338, 342 (1996); Kvitka v. Board of 
Registration in Medicine, 107 Mass. 140, cert denied, 498 U.S. 823 (1990); Raymond v. 
Board of Registration in Medicine, 387 Mass. 708, 713 (1982).

* * *

You have a right to an adjudicatory hearing ("hearing") on the allegations contained in the 
Order to Show Cause before the Board acts to suspend, revoke, or impose other discipline against 
your right to renew your registration. G.L. c. 112, §§ 42A and 61. Your right to a hearing may be 
claimed by submitting a written request for a
Q	./

 hearing within twenty-one (21) days of your receipt 
of this Order to Show Cause. Failure to make a timely request shall constitute a waiver of the right 
to a hearing with regard to the Board's action. You must also submit an Answer to this Order to 
Show Cause in accordance with 801 CMR 1.01(6)(d) within twenty-one (21) days of your receipt 
of this Order to Show Cause. The Board will give you prior written notice of the time and place 
of the hearing following receipt of a written request for a hearing.

Hearings shall be conducted in accordance with the State Administrative Procedure Act, 
G.L. c. 30A, §§ 10 and 11; and the Standard Adjudicatory Rules of Practice and Procedure, 801 
CMR l.01 and 1.03, under which you are granted certain rights including, but not limited to, the 
rights: to a hearing, to secure legal counsel or another representative to represent your interests, to 
call and examine witnesses, to cross­examine witnesses who testify against you, to testify on your 
own behalf, to introduce evidence, and to make arguments in support of your position.

		The Board will make an audio recording of any hearing conducted in the captioned matter. 
In the event that you wish to appeal a final decision of the Board, it is incumbent on you to supply a reviewing court with a "proper record" of the proceeding, which may include a written transcript.
New Bedford Gas and Light Co. v. Board of Assessors of Dartmouth, 368 Mass. 745, 749-750 
(1975). Upon request, the Board will make available a copy of the audio recording of the proceeding 
at your own expense. Pursuant to 801 CMR 1.01(10)(i)(1), upon motion) you  “may be al1owed

3

to provide a public stenographer to transcribe the proceedings at [your] own expense upon terms
ordered by the Presiding Officer.” Those terms may include a requirement that any copy of the 
transcript produced must be sent promptly upon completion on an ongoing basis
I

 directly to the 
Presiding Officer by the stenographer or transcription service. The transcript will be made available
to the undersigned Prosecutor representing the Board. Please note that the administrative record of 
the proceedings, including but not limited to, the written transcript of the hearing, is a public record 
and is subject to the provisions of G.L. c. 4, § 7 and G.L. c. 66, § 10.

Your failure to submit a written request for a hearing within 21 (twenty-one) days of receipt
of this Order to Show Cause shall constitute a waiver of the right to a hearing on the  allegations 
herein and on any Board disciplinary action. Your failure to submit an Answer to the Order to Show 
Cause within 2l (twenty-one) days of receipt of the Order to Show Cause shall result in the entry of 
default in the captioned matter. Notwithstanding the earlier filing of an Answer and/or request for a 
hearing, your failure to appear for any scheduled status conference, pre-hearing conference or 
hearing dates, or failure to otherwise defend this action shall result in the entry of default.

If you are defaulted, the Board may enter a Final Decision and Order that assumes the truth 
of the allegations in this Order to Show Cause, and may revoke, suspend, or take other disciplinary 
action against your right to renew your registration to practice as a pharmacy technician in the Commonwealth of Massachusetts.

Your written request for a hearing and your Answer to the Order to Show Cause, shall be 
submitted for filing to:

Pau1 C. Moore, Esq.
Prosecuting Counsel
Department of Public Health 
Office of the General Counsel
239 Causeway Street, 5th Floor

1

Boston, MA 02114

You or your representative may examine Board records relative to this case prior to the date
of the hearing during regular business hours at the office of the Prosecuting Counsel. If you elect to undertake such an examination, then please contact Prosecuting Counsel in advance at 
(617) 973-0865 to schedule a time that is mutually convenient.

BOARD OF REGISTRATION
IN PHARMACY:
James T. DeVita., R.Ph.
President

                                                                                       By:   Paul C. Moore, Esq.
                                                                                                Prosecuting Counsel
								Department of Public Health

Date: March 11, 2013

                                                                             4

                                                CERTIFICATE OF SERVICE

I, Paul C. Moore, Esq. hereby certify that a copy of the foregoing Order to Show
Cause was served upon the Respondent, Jennifer L. Dulong, by mailing a copy by first
class mail, postage prepaid, to her address of record, [redacted] and also by mailing a copy by 
certified mail no. 7012 0470 0001 361l 7954, to the same address; and also, by mailing a copy 
by first class mail, postage prepaid, to a second  address, [redacted].

Paul C. Moore, Esq.
                                                                                    Prosecuting Counsel

Dated:  March 11, 2013