COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, ss.	                                                                          BOARD OF REGISTRATION 
                                                                                                  IN PHARMACY

In the Matter of Melynda M. Matsch      ) 
PH-PT Reg. No.  7121	                   )                              Docket No. PH-07-042
License Expiration Date 03/28/08	       )

FINAL DECISION AND ORDER BY DEFAULT

On January 26, 2007, pursuant to 801 CMR 1.01(6)(a), the Board of Registration in Pharmacy ("Board") issued and duly served on Melynda M. Matsch ("Respondent ") an Order to Show Cause ("Show Cause Order") related to a complaint filed regarding Respondent's registration as a pharmacy technician. 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 in accordance with 801 CMR 1.01(6)(d)(2); of the right to request a hearing on the allegations pursuant to M.G.L. c. 112, s. 61; and that any hearing request ("Request for Hearing") was to be submitted within 21 days of receipt of the Show Cause Order and that failure to do so would constitute a waiver of the right to a hearing. Respondent was further notified that failure to submit an Answer within 21 days of receipt of the Show Cause Order "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 registration." A copy of the Show Cause Order is attached to this Final Decision and Order by Default and is incorporated herein by reference.

On February 20 2007, Prosecuting Counsel sent notice to Respondent to file an Answer and a Request for Hearing by February 28, 2007. The notice again advised Respondent that if defaulted, the Board may enter a Final Decision and Order that assumes the truth of the allegations stated in the Show Cause Order and impose discipline on Respondent's registration, including discipline on any right to renew.

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.

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, § 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, § 11, subsection (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 receipt and of the consequences of

 failing to file an Answer or otherwise respond.

As authorized by M.G.L. c. 30A, §§ 10, subsection (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:

ORDER

The Board voted to issue this Final Decision and Order by Default and REVOKE the Respondent's Pharmacy technician registration on March 6, 2007 by the following vote: In favor:  Sophia Pasedis, R.Ph., Pharm.D., President Elect, Kathy J. Fabiszewski, Ph.D., R.N., Marilyn M. Barron, MSW, Public Member and Steven Budish, Public Member; Karen Ryle, R.Ph., Joel R. Berman, R.Ph., Michael Tocco, R.Ph., M.S. and William A. Gouveia, R.Ph., M.S.
Recused: James T. DeVita, R.Ph. Opposed: None. Absent: George A. Cayer, R.Ph. and Donald D. Accetta, M.D.

EFFECTIVE DATE OF ORDER

This Final Decision and Order by Default becomes effective upon the date it is issued (see "Date Issued" below). Respondent is ORDERED to deliver her wallet registration card to the Board at 239 Causeway St., Suite 200, Boston, MA 02114 by March 9, 2007.

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RIGHT TO APPEAL

Respondent is hereby notified of the right to appeal this Final Decision and Order by Default within thirty (30) days of receipt of notice of this Final Decision pursuant to G.L. c. 112, § 64.

BOARD OF REGISTRATION
IN PHARMACY

Sophia Pasedis, Pharm.D.
President Elect
Date Issued: March 6, 2007

Attachment: Order to Show Cause dated January 26, 2007 

Notified:

First Class Mail and Certified Mail/Receipt No. 7002 2410 0006 9938 3488

Dec. No.

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                         COMMONWEALTH OF MASSACHUSETTS

SUFFOLK COUNTY	                                                                BOARD OF REGISTRATION 
                                                                                                    IN PHARMACY
_____________________________

                                                          )
In the Matter of                                 )
Melynda M. Matsch                         )                                         Docket No. PH-07-042
PH-PT Registration No. 7121          ) 
(Registration expires on 3/28/08)     )
 	_______________________)                                               

                    ORDER TO SHOW CAUSE

Melynda M. Matsch (hereinafter, "you" or "Respondent"), 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 registration to practice as a Pharmacy Technician in the Commonwealth of Massachusetts, Registration No. 7121, or your right to renew your registration pursuant to Massachusetts General Laws (G.L.) Chapter 112, §§ 42A and 61, and Board regulations at 247 CMR 2.00 et seq. based upon the following facts and allegations:

1.	On or about May 10, 2006, the Board issued to you a registration to practice as a Pharmacy Technician. Your registration will expire on March 28, 2008 unless renewed.

2.	During the period May 10, 2006 through October 11, 2006, you were employed as a Pharmacy Technician at CVS Pharmacy No. 335 ("CVS"), located at 266 Cape Road, Raynham, Massachusetts.

3.	On or about .October 11, 2006, you voluntarily admitted to "RA," a CVS loss prevention investigator, that you had recently diverted from CVS at least ten (10) tablets of Vicodin, a controlled substance, allegedly for your boyfriend.

3.	CVS immediately terminated your employment in connection with this incident.

4.	Your conduct as alleged warrants disciplinary action by the Board against your registration to practice as a Pharmacy Technician pursuant to G.L. c. 112, §§ 42A and 61, for deceit, malpractice, gross misconduct in the practice of pharmacy, or for any offense against the laws of the Commonwealth relating thereto.

5.	Your conduct as alleged violates G.L. c. 94C, § 34 for unlawfully possessing controlled substances.

6.	Your conduct as alleged violates G.L. c. 94C, § 37 for stealing a controlled substance from a registered pharmacy.

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7.	Your conduct as alleged demonstrates a lack of the good moral character required for registration as a Pharmacy Technician in the Commonwealth pursuant to Board regulation 247 CMR 8.02(1)(a)3. 

8.	Your conduct as alleged 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, 407 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 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 twenty­one (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 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)(1), upon motion, you "may be allowed 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 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

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allegations herein and on any Board disciplinary action. Your failure to submit an Answer to the Order to Show Cause within 21 (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 registration to practice as a pharmacy technician in the Commonwealth of Massachusetts, including any right to renew your registration.

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

Paul C. Moore, 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 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: January 26, 2007

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               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, Melynda M. Matsch, by mailing a copy, first class postage prepaid to her address of record, [redacted], and by certified mail no. 7006 2760 0003 7733 5196, return receipt requested, to the same address.

This 26th day of January, 2007.

                                                                                    
                                                                                    Paul C. Moore 
                                                                                    Prosecuting Counsel

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