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

DEVAL L. PATRICK
GOVERNOR	Board of Registration in Pharmacy

TIMOTHY P. MURRAY
LIEUTENANT GOVERNOR

JOHN W. POLANOWICZ
SECRETARY

LAUREN A. SMITH, MD, MPH
INTERIM COMMISSIONER

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 9883

Marsden C. Hedrick
[redacted]

RE:	In the Matter of Marsden C. Hedrick, PT License No. PT5986 
Board of Registration in Pharmacy Docket No. PHA-2012-0080

Dear Mr. Hedrick:

Enclosed is the Final Decision and Order by Default (Final Order'') issued by the Board of Registration in Pharmacy (Board) in connection with the above­referenced 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 appeal rights are noted on page 3 of the Final Order.

Sincerely,

Margaret Cittadino
Associate Director

Board of Registration in Pharmacy

Enc.

cc: James Lavery, Prosecuting Counsel

COMMONWEALTH OF MASSACHUSETTS

SUFFOLK COUNTY	                                                           BOARD OF REGISTRATION 
                                                                                               IN PHARMACY
___________________________                                         
IN THE MATTER OF                 )
MARSDEN C. HEDRICK         )                                       DOCKET NO. PHA-2012-0080
PT REGISTRATION NO. 5986  ) 
REG. EXPIRES 02/08/2014____ )

FINAL DECISION AND ORDER BY DEFAULT

On August 23, 2012, the Board of Registration in Pharmacy ("Board") issued and duly served on Marsden C. Hedrick ("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 he 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] license ...including any right to renew [Respondent's]  license." 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. 61.
4 Respondent was also notified that failure to timely submit a Request for Hearing would constitute a waiver of the right to a hearing.

Hedrick, Marsden
PHA-2012-0080
PT5986                                                            	1 of 3

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 consequent to 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. 5986 (expires 2/8/14; summarily
suspended by the Board effective 5/22/12) 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, RPh, EdD, P. Gannon, RPh, MS: opposed: none; abstained: 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 other interest in any pharmacy related business in any setting. If at any time in the future

Hedrick, Marsden 
PHA-2012-0080 
PT5986
2 of 3
2	
Respondent seeks licensure or registration by the Board, Respondent  will by 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

Margaret Cittadino 
Associate Director

Date issued: May 13, 2013
Notice to:

BY FIRST CLASS MAIL AND CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 2780 0001 8675 9883

Marsden C. Hedrick
[redacted]

BY HAND

James Lavery, Esq. 
Office of Prosecutions

Hedrick, Marsden
PHA-2012-0080
PT5986

3 of 3
2	

0

""·  

The Commonwealth of Massachusetts 
Executive Office of Health and Human Services Department of Public Health
Division of Health Professions Licensure
239 Causeway Street, 4th Floor, Boston, MA 02114

DEVAL L. PATRICK
GOVERNOR

TIMOTHY P. MUHRAY

LIEUTENANT GOVERNOR	Office of the General Counsel

    JUDYANN BIGBY, MD                                                                                     (617) 973-0865
           SECRETARY                                                                                                              (617) 973-0895 TTY
 
      JOHN AUERBACH
            COMMISSIONER

August 23, 2012 

Marsden C. Hedrick
[redacted]

RE:	In the Matter of Marsden C. Hedrick, PT Reg. 5986
Board of Registration in Pharmacy, Docket No. PHA-2012-0080

Dear Mr.  Hedrick:

The Massachusetts Board of Registration in Pharmacy within the Department of Public Health, Division of Health Professions Licensure ("Division"), has completed its investigation of the above-referenced complaints against your registration to practice as a pharmacy technician. For the reasons set forth in the attached Order to Show Cause, the Board is proposing to suspend, revoke or impose other discipline against your registration, PT Reg. No. 5986).

The Order to Show Cause and any subsequent hearing are governed by Massachusetts General Laws Chapter 30A, the State Administrative Procedure Act, and the Standard Adjudicatory Rules of Practice and Procedure, 801 CMR 1.01 et seq.  You must submit an Answer to the Order to Show Cause and you have a right to request a hearing by filing a written request for a hearing as specified in the Order to Show Cause.

Your failure to submit an Answer to the Order to Show Cause within twenty-one (21) days of receipt of the Order to Show Cause shall result in the entry of default in the above­referenced matter. Your failure to submit a written request for a hearing within twenty-one (21) days of receipt of this Order to Show Cause shall constitute a waiver of the right to a hearing on the allegations therein and on any Board disciplinary action. Notwithstanding the earlier filing of an Answer and/or written request for a hearing, your failure to respond to notices or correspondence, your failure to appear for any scheduled status conference, pre-hearing conference or hearing dates, or your 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 registration to practice as a pharmacy technician in the Commonwealth of Massachusetts, including any right to renew your registration.

Your Answer to the Order to Show Cause and its request for a hearing must be filed with James G. Lavery, Prosecuting Counsel at the following address:

James G. Lavery, Esq.
Chief Board Prosecutor 
Department of Public Health 
Office of the General Counsel

239 Causeway Street, 4th Floor

Boston, Massachusetts 02114

You may contact me at (617) 973-0322 if you have any questions regarding this matter.

Sincerely,

James G. Lavery, Esq.
Chief Board Prosecutor 

JGL/tbm
Encl:
Order to Show Cause
Certificate of Service

Certified Mail No. 7011 1570 0000 8180 3473

                                      COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, ss.	                                                                                 BOARD OF REGISTRATION 
                                                                                                         IN PHARMACY
______________________________

In the Matter of                                   )
MARSDEN C. HEDRICK               )                                           DOCKET NOS.  PHA-2012-0080 
Pharmacy Technician No. 5986	)
Expiration 2/8/2014	                        )
______________________________)

                                                   ORDER TO SHOW CAUSE

Marsden C. Hedrick (hereinafter) "you" or "Respondent"), you arc 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 pharmacy technician registration,
Registration No. 5986, or your right to renew such registration, pursuant to Massachusetts
General Laws (G.L.) Chapter 112, §§ 42A and 61 and Board regulations 247 CMR. 2.00 et seq.
based upon the following facts and allegations:

1.	On or about November 22, 2004, the Board issued you a pharmacy technician registration, Registration No. 5986.

2.	On or about May 14, 2012, the Board issued a Temporary Order of Summary Suspension
of your registration. You failed to timely request a hearing on the necessity of a
continuance of the Temporary Order of Summary Suspension and a Final Order of
Summary Suspension was issued on or about May 22, 2012. Your Registration remains suspended.

3.	On diverse dates in or about 2010-2012, while employed as a pharmacy technician at CVS/pharmacy #994 located at 465 Station Avenue in South Yarmouth, Massachusetts,
you diverted numerous controlled substance for sale and personal use; specifically,
Alprazolam and hydrocodone.

4.	On or about April 3, 2012, you admitted verbally and in a signed statement to diverting
the controlled substances to CVS Pharmacy representative.

5.	Your conduct as alleged above warrants disciplinary action by the Board against your
pharmacy technician registration pursuant to G.L. c. 112, §§ 42 A and 61, and 247 CMR
2.00 et seq., for deceit, malpractice, gross misconduct in the practice of the profession,
and offenses against the laws of the Commonwealth relating thereto.

6.	Your conduct as described above constitutes failure to conduct professional activities in
conformity with federal, state and municipal laws, ordinances and/or regulations, of the
Board, and therefore warrant disciplinary action by the Board pursuant to M.G. L. c. 112,
§§ 27. 28, and 42A, MG.L. c. 94C, and 247 CMR 2.00 et seq., and 10.03 (1)(a), (b), (e),
(h), (l), (k), (r), (u), (v), and (x).

7.	Your conduct as described above also 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); see also, Kvitka v. Board of Registration in Medicine, 407 Mass. 140, cert. denied; 498 U.S. 23 (l990); 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 registration. G.L. c. 112, § 42A and 61. Your right to a hearing may be claimed by submitting a written request for a hearing within twenty-one (21) days of receipt of this Order to Show Cause. 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 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 the and the Standard Adjudicatory Rules of Practice and Procedure, 801 CMR 1.01 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)(l), upon motion, you "may be allowed to provide a public stenographer to transcribe the proceedings at [your] own expense upon terms offered by the Presiding Officer." Those terms may include a requirement that any copy of the transcript produced must be sent promptly upon completion and on an ongoing basis directly to the Presiding Officer by the stenographer or transcription service. The transcript will be made available to the 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 subject to the provisions of G.L. c. 4, §7 and G.L. c. 66, §10.

Your failure to submit an Answer to the Order to Show Cause within 21 days of receipt of the Order to Show Cause shall result in the entry of default in the above-captioned matter. Your failure to submit a written request for a hearing within 21 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.

Notwithstanding the earlier filing of an Answer and/or request for a hearing, your failure to respond to notices or correspondence, 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 registration to practice as a Pharmacy Technician in the Commonwealth of Massachusetts, including any right to renew your registration.

Your Answer to the Order to Show Cause and your written request for a hearing must be filed with James G. Lavery, Chief Board Prosecutor at the following address:

James G. Lavery, Esq.
Prosecuting Counsel
Department of Public Health
Office of the General Counsel 
239 Causeway Street, 4th Floor
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 Prosecutor.  If you elect to undertake such an examination, then please contact Prosecuting Counsel in advance at (617) 973-0979 to schedule a time that is mutually convenient.

Board of Registration in Pharmacy,
Karen M. Ryle, MS, RPh, Secy.

                                                                          By:  James G. Lavery, Esq.
                                 Chief Prosecutor
                                 Department of Public Health

Dated: August 23, 2012

                        CERTIFICATE OF SERVICE

I, James G. Lavery, hereby certify that a copy of the foregoing Cover Letter, Order to Show Cause, and Certificate of Service were served upon the Respondent:

Marsden C. Hedrick
[redacted]

by first class mail, postage prepaid, and Certified Mail No. 7011 1570 0000 8180 3473,

This 23rd day of August 2012.

									James G. Lavery
Chief Board Prosecutor