CHARLES D. BAKER
Governor

KARYN E. POLITO
Lieutenant Governor

The Commonwealth of Massachusetts Executive Office of Health and Human Services Department of Public Health
Board of Registration in Pharmacy
Bureau of Health Professions Licensure
239 Causeway Street, Suite 500, Boston, MA 02114

Tel: 617-973-0860
Fax: 617-973-0980
TTY: 617-973-0988
www.mass.gov/dph/boards/pharmacy

MARYLOU SUDDERS
Secretary

MONICA BHAREL, MD, MPH
Commissioner

November 8, 2016

Sent Via First Class & Certified Mail No. 7016 0340 0000 4975 9346
Shelly Rando
[redacted]

RE:	Shelly Rando; PT692; PHA-2012-0079

                                                    FINAL NOTICE: SUSPENSION

Dear Ms. Rando:

On August 22, 2014, you entered into a Consent Agreement for Probation ("Agreement") 
with the Board of Registration in Pharmacy ("Board"). The Agreement obligates you to comply with 
specified licensure conditions during the period of time while your license is on probation. On August 
10, 2015, the Board issued a Final Decision and Order on Compliance with Licensure Conditions. A 
copy of the Agreement and Final Decision and Order are enclosed with this letter for your review.

On October 25, 2016, I sent you a Notice of Violation and Intent to Suspend ("Notice"). A copy 
of the Notice is enclosed with this letter. The Notice informed you that you are in violation of the 
Agreement and listed the facts supporting the determination that you are in violation. The Notice 
also informed you that the Board authorized me to suspend your license. The Notice informed you that 
you had a right to a hearing on the limited issue of whether you are in compliance with, or in violation 
of, the terms of the Agreement. Lastly, the Notice informed you that to claim your right to a hearing, 
you needed to submit a written statement of facts and request for a hearing within seven days.

As of the date of this letter, Board Counsel has not received from you a written statement of 
facts and request for a hearing. Accordingly, you have waived your right to a hearing.

Effective today, November 8, 2016, pursuant to Paragraph 11 of the Agreement, the Board 
SUSPENDS your license to practice as a pharmacy technician. You may not practice as a 
pharmacy technician in Massachusetts until the Board  provides you written notice that it has 
reinstated your license.

                                                                                  Page 1 of 2

	This notice constitutes a final agency action.  You are hereby notified that you have a right to appeal this Final Notice: Suspension within thirty (30) days of your receipt of this notice, either to the Superior Court for Suffolk County or the county where you reside pursuant to M.G.L. c. 30A, § 14, or to the Supreme Judicial Court pursuant to M.G.L. c. 112, § 64.

Sincerely,

David Sencabaugh, R.Ph.
Executive Director

cc:	Robert Loventhal
15 Hammersmith Road, Unit 13 
Newport, RI 02840

Karen Fishman, Probation Monitor

Page 2 of 2

CHARLES D. BAKER
              Governor 

The Commonwealth of Massachusetts
Executive Office of Health and Human Services
    Department of Public Health
       Board of Registration in Pharmacy	
Bureau of Health Professions Licensure
'		'	.
  239 Causeway Street; Suite 500, Boston; MA 02114

	MARYLOU SUDDERS
Secretary

KARYN E. POLITO
Lieutenant Governor

           Tel: 617 973 0860  
                  Fax: 617 973 0988
  TTY: 617-973-0988  
www.mass.gov/dph/boards/pharmacy

MONICA BHAREL, MD, MPH
Commissioner   

October 25, 2016

Sent Via First Class & Certified Mail No. 7016 0340 0000 4975 9155,
Return Receipt Requested

Shelly Rando
[redacted]

RE:	Shelly Rando; PT692; PHA-2012-0079

NOTICE OF VIOLATION AND INTENT TO SUSPEND

Dear Ms. Rando:

On August 22, 2014, you entered into a Consent Agreement for Probation ("Agreement") with the 
Board of Registration in Pharmacy ("Board"). The Agreement obligates you to comply with specified licensure conditions during the period of time while your license is on probation. On August 10, 2015, 
the Board issued a Final Decision and Order on Compliance with Licensure Conditions. A copy of 
the Agreement and the Final Decision and Order are enclosed with this
letter for your review.

You are in violation of the Agreement and the August 10, 2015 Order. On or about 
February 9, 2016, Karen Fishman sent you a Notice of Violation and Opportunity to Cure, a copy of 
which is also enclosed. You did not cure the violation to the Board's satisfaction in the manner 
prescribed in that notice. Under Paragraph 11 of the Agreement; the Board may suspend your license 
in the event that you violate any provision of the Agreement. On May 3, 2016, the Board voted to 
issue this Notice of Violation and Intent to Suspend.

The basis for the contention that you are in violation of the Agreement are as follows:

1.	During the Probationary Period, you were required to refrain from using any controlled substance 

Page 1 of 2

described in Appendix A. In the event you were prescribed a controlled substance, you were required to notify the Board within five (5) days and arrange for the prescriber to submit directly to the Board a written statement of the kind and amount of each   controlled	substance prescribed and the medical necessity for each such prescription.

             2.   During the Probationary Period, you were required to maintain enrollment with First Lab
 and contact First Lab seven days per week. You were also required to undergo,
 according to the terms set forth in Attachment A, random, supervised urine tests at least
 six (6) times per year. 

3.   Evidence indicates that you failed two random urine tests on December 29, 2015 and
      January 21, 2016. Additionally, evidence indicates that you failed to contact First Lab on
      the following dates: December 25, 2015; January 3, 2016; February 10, 2016; March 13, 
      2016; and April 2, 2016, May 3, 2016.

You have a right to a hearing on the limited issue· of whether you are in compliance with, or in violation of, the terms of the Agreement. You may claim your right to a hearing by submitting a written statement to the Board within 7 days of receipt of this letter. Your written statement must include specific facts which support the determination that you are in compliance, and not in violation, with the provisions of the agreement identified above. Your written statement must also include a request for a hearing. Please send your written statement to:

Heather A. Engman 
Board Counsel
Board of Registration in Pharmacy 
239 Causeway Street
Boston, MA 02114

Your failure to submit a written statement of facts and request for a hearing within 7 days shall constitute a waiver of your right to a hearing on the issue of your violation of the Agreement.

Sincerely,

David Sencabaugh, R.Ph.
Executive Director

cc:	Via First Class & Certified Mail No. 7016 0340 0000 4975 9162, Return Receipt Request
Robert Leventhal
15 Hammersmith Road, Unit 13
Newport, RI  02840

Karen Fishman, Probation Monitor

Page 2 of 2

COMMONWEALTH OF MASSACHUSETTS

SUFFOLK COUNTY	                                                                         BOARD OF.REGISTRATION
                                                                                                             IN PHARMACY
________________________

                                               )
In the Matter of                      )
Shelly Rando                         )                                                             PHA-2012-0079
License No. PT692                )
	                                   )

FINAL DECISION AND ORDER
ON COMPLIANCE WITH LICENSURE CONDITIONS

I.	PROCEEDINGS

On April 23, 2015, the Board of Registration in Pharmacy ("Board") issued and duly served on Shelly Rando ("Respondent") a Notice of Violation and Modification of Licensure Conditions related to the. Consent Agreement for Probation ("Agreement") entered into by the Board and the Respondent, effective August 22, 2014. In addition to stating the alleged violations, the Notice of Violation and Further Discipline notified the Respondent of her opportunity for a hearing on issue of her compliance with the probation terms of the Agreement. The Agreement is attached hereto.                       

On July 24, 2015, the Board issued a Hearing Notice to the Respondent advising that a hearing would be held before the full Board on August 4, 2015. The Hearing Notice provided the Respondent with a list of documents that the Board would consider during such hearing. The Hearing Notice also notified the Respondent of her opportunity to submit documents and present witnesses that are relevant to the issue of her compliance.

On August 4, 2015, the Board held a hearing and received evidence on the issue of compliance with licensure conditions during the executive session of its regularly scheduled meeting. The Respondent participated by telephone and her attorney attended in person. At the hearing, Board Counsel Heather Engman presented evidence in support of the allegations that the Respondent has not complied with the Agreement. Counsel also presented a recommendation for Board Findings and Action. Following the receipt of evidence, the Board voted to modify the terms of probation.

At the hearing, the Board received the following documents into evidence:

1.	Consent Agreement for Probation and Cover Letter;    
2.	Letter from Scott Sherman to Shelly Rando; dated February 13, 2015;
3.	Detailed Test History Reports;   
4.	Participant Calendar, February 2015 - January 2015;   
5.	Participant Progress Notes;  

Shelly Rando
PT692
PHA-2012-0079
Page 1of 4

6.	Lab Report pertaining to February 6, 2015 urine screen;
7.	Lab Report pertaining to June 17, 2015 urine screen;
8.	Lab Report pertaining to July 6, 2015 urine screen; and
9.	Email and attachment from Attorney Loventhal to Scott Sherman, dated April 7, 2015.

At the hearing, the Board heard from Board Counsel who asserted the following: 

1.	Per Paragraph 7 of the Agreement, the Respondent was required to notify the Board within five (5) days if she was prescribed a controlled substance and arrange for the prescriber to submit directly to the Board a written statement describing the medical necessity for each such prescription.   

2.	On February 6, 2015, June 17, 2015, and July 6, 2015, Respondent's urine screens were positive for benzodiazepines.	

3.	Respondent failed to arrange for her prescriber to submit a written statement of the kind and amount of each controlled substance prescribed and the medical necessity for each such prescription. The Board did not receive any documentation from Respondent's prescriber.

4.	On June 17, 2015 and July 6, 2015, Respondent's urine screens were positive for ethyl glucuronide.

5.	Respondent failed to contact First Lab on numerous occasions.

At the hearing, the Board heard from the Respondent who asserted the following:

1.	Respondent testified that she had difficulty finding and registering with a testing center.

2.	Respondent testified that she did not know she was required to contact First Lab on the weekends.

3.	Respondent testified that the recent illness and death of her husband and recent death of her father-in-law affected her ability to contact First Lab every day and asked the Board to consider her losses as mitigating circumstances.

I.	FINDINGS

After deliberation the Board makes the following findings:

1.	The Respondent violated the Agreement by failing to comply with Paragraph 7.

2.	With respect to Paragraph 7, the Board noted Respondent's urine screens were positive for benzodiazepines and there was no evidence that Respondent or her prescriber submitted a written statement of the kind and amount of each controlled substance prescribed and the medical necessity for each such prescription.	

Shelly Rando 
PT692
PHA-2012-0079
Page 2 of 4

II.	ORDER

The Board orders that Respondent's license to practice as a pharmacy technician shall remain on probation until August 22, 2017 ("Probationary Period") and until such time as the Respondent   petitions the Board to terminate the Probationary Period.

1.	During the Probationary Period, the Respondent shall refrai.il from using any controlled
substance described in Appendix A. In the event Respondent is prescribed a controlled substance, the Respondent shall notify the Board within five (5) days and shall arrange for the prescriber to submit directly to the Board a written statement of the kind and amount of each controlled substance prescribed and the medical necessity for each such prescription.

2.	During the Probationary Period, the Respondent shall maintain her enrollment with First Lab and shall contact First Lab seven days per week.

3.	Respondent shall undergo, according to the terms set forth in Attachment A, random, supervised urine tests at least six (6) times per year.

4.	Except as modified by this Final Decision and Order on Compliance with Licensure Conditions, all remaining provisions of the Agreement remain in full force and effect.

The Board voted to issue this Final Decision and Order on Compliance with Licensure Conditions, by the following vote:

In favor:	Patrick Gannon
Ed Tagleri	
Timothy Fensky
Michael. Godek;
Garret Cavanaugh
Catherine Basile
Karen Conley
William Cox 
Richard Tinsley
Andrew Stein
Phillippe Bouvier

Opposed:	None 
Abstained: 	None 
Absent:	None
Recused:         Susan Cornacchio

III.   EFFECTIVE DATE OF ORDER

This Final Decision and Order on Compliance with Licensure Conditions becomes effective upon the tenth (10th) day from the date it is issued (see "Date Issued" below).

Shelly Rando 
PT692
PHA-2012-0079
Page 3 of 4

IIII. RIGHT TO APPEAL

Respondent is hereby notified that this Final Decision and Order on Compliance with Licensure Conditions constitutes a final agency action. Respondent is hereby notified that she has a right to appeal this action within thirty (30) days of your receipt of this notice, to the Superior Court for Suffolk County or the county where you reside pursuant to M.G.L. c. 30A, § 14.

Board of Registration in Pharmacy

Date Issued: 8-10-15					David Sencabaugh, R. Ph.

Executive Director

Notified:

VIA FIRST CLASS AND CERTIFIED MAIL RETURN RECEIPT REQUESTED NO.

Robert D. Leventhal
15 Hammersmith Road Unit3
Newport, RI 02840

Shelly Rando 
PT692
PHA-2012-0079       
Page 4 of 4

COMMONWEALTH OF MASSACHUSETTS

SUFFOLK COUNTY	                                                                          BOARD OF REGISTRATION 
                                                                                                              IN PHARMACY 

______________________________

                                                            )
In the Matter of                                   )
Shelly A. Rando                                )                                                Docket No. PHA-2012-0079
PH - PT License No. 692	            )
License Expiration Date 7/29/12	) 
	________________________)

CONSENT AGREEMENT FOR PROBATION

The Massachusetts Board of Registration in Pharmacy ("Board") and Shelly A. Rando ("Licensee"), Pharmacy Technician License No. 692, do hereby stipulate and agree that the following information shall be entered .into and become a permanent part of the Licensee's record maintained by the Board.

1.	The Licensee acknowledges that a complaint has been opened by the Board against her Massachusetts Pharmacy Technician license related to the conduct set forth in Paragraph 2, identified as complaint, PHA-2012-0079.1

2.	The Board and Licensee acknowledge and agree that while she was employed as a Pharmacy Technician at CVS Pharmacy #604, located at l99 Sudbury Road in Concord, Massachusetts, she diverted a bottle of Butalbital, a Schedule VI controlled substance for personal use.

3.  On December 3, 2012, the Licensee was placed on pre-trial probation by the Concord
District Court until May 31, 2013, which required the Licensee to have random drug tests. The Licensee completed her pre-trial probation successfully and the matter was closed.

4.   On May 7, 2012, the Board issued a Temporary Order of Summary Suspension of your
      Pharmacy Technician license. 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 24, 2012.

      5.   On January 7, 2014, in final resolution of this matter, the Board ordered and Licensee agrees
that her Pharmacy Technician license shall be placed on PROBATION for three years (“Probationary Period”), commencing with the date on which the Board signs this Agreement (“Effective Date).

      6.   The Licensee agrees to have submitted directly to the Board, according to the terms set forth
in Attachment A, the results of random, supervised urine tests collected from the Licensee 

____________________________
1 The term "license" applies to both a current license and the right to renew an expired license;

Page 1 of 4

no less than six (6) times per year during the Probationary Period, all of which are required to be negative.

7.	If prescribed any controlled substance during the Probationary Period, the Licensee agrees notify the Board within five (5) days and arrange for the prescriber to submit directly to the Board a written statement of the kind and amount of each controlled substance prescribed and the medical necessity for each prescription.

8.	 During the Probationary Period, the Licensee agrees that she shall comply in all
 material respects with all laws and regulations governing the practice of pharmacy 

9.	The Board agrees that in return for Licensee's execution and successful compliance with the requirements of this Agreement, it will not prosecute the complaint,     PHA-2012-0079.

10.	If the Licensee has complied to the Board's satisfaction with all the requirements contained in this Agreement, the Probationary Period will terminate three years after the Effective Date upon written notice to the Licensee from the Board2.

11.	If the Licensee does not materially comply with each requirement of this Agreement, or if the Board opens a Subsequent Complaint3 during the Probationary Period, the Licensee agrees to the following:

a.	The Board may upon written notice to the Licensee, as warranted to protect the public health, safety, or welfare:	

i.	EXTEND the Probationary Period; and/or

ii.	MODIFY the Probation Agreement requirements; and/or

iii.	IMMEDIATELY SUSPEND the Licensee's Pharmacy Technician license.

b.	If the Board suspends the Licensee's Pharmacy Technician license pursuant to Paragraph 9(a)(iii), the suspension shall remain in effect until:

i.	The Board provides Licensee written notice that the Probationary Period is
       to be resumed and under what terms; or  

ii.	the Board and  licensee sign a subsequent agreement; or

iii   the Board issues a written final decision and order following adjudication 

___________________________
2 In all instances where this Agreement specifies written notice to the Licensee from the Board, such notice shall be sent to the Licensee's address of record.  
3 The term "Subsequent Complaint" applies to a complaint opened after the Effective Date concerning acts, omissions, or events occurring after the Effective Date, which (1) alleges that the Licensee engaged in conduct that violates Board statutes or regulations, and (2) is substantiated by evidence, as determined following the complaint investigation during which the Licensee shall have an opportunity to respond.	
                                                                 
Page 2 of 4

of the allegations (1) of noncompliance with this Agreement and/or (2) contained in the Subsequent Complaint

12.	The Licensee agrees that if the Board suspends her Pharmacy Technician license in accordance with Paragraph 9(a)(iii), she will immediately return her current Massachusetts Pharmacy Technician license to the Board, by hand or certified
mail. The Licensee further agrees that upon said suspension, she will no longer be	authorized to practice as a Pharmacy Technician in the Commonwealth of
Massachusetts and shall not in any way represent herself as a Pharmacy Technician   until such time as the Board reinstates her Pharmacy Technician license or right to renew such license.

13.	The Licensee understands that she has a right to a formal adjudicatory hearing concerning the complaint, PHA-2012-0079, and that during said adjudication she would possess the right 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 the courts, and all other rights as set for in the Massachusetts Administrative Procedures Act, M.G.L. c. 30A, and the Standard Adjudicatory Rules of Practice and Procedure, 801 CMR 1.01 et seq. The Licensee further understands that by executing this Agreement she is knowingly and voluntarily waiving her right to a formal adjudication of the complaint, PHA-2012-0079. 

14.	The Licensee acknowledges that she has been represented by legal counsel in connection with the Complaint PHA-2012-0079 and this Agreement.

15.	The Licensee acknowledges that after the Effective Date, the Agreement constitutes a public record of disciplinary action by the Board. The Board may forward a copy of this Agreement to other licensing boards, law enforcement entities, and other individuals or entities as required or permitted by law. 

16.	The Licensee certifies that she has read this Agreement. The Licensee understands and agrees that entering into this Agreement is a voluntary and final act and not subject to reconsideration, appeal or judicial review.

Shelly Rando, 8/21/14__
Licensee (sign and date)

David Sencabaugh, R.Ph.
Executive Director
Board of Registration in Pharmacy

August 22, 2014__________________
Effective Date of Probation Agreement

Fully Signed Agreement Sent to Licensee on August 26, 2014 by Certified Mail No. 7014-0510-0001-0374-5963.   

Page 3 of 4

ATTACHMENT A

1.	Pursuant to paragraph 6 of the Agreement, the random supervised urine tests shall include, but are not limited to, each of the following substances:

Amphetamines
Barbiturates
Benzodiazepines
Cannabinoids
Cocaine (metabolite)
Opiates
Codeine
Morphine
Hydromorphone
Hydrocodone
Oxycodone
Phencyclidine
Methadone
Propoxyphene
Meperidine
Tramadol
Suboxone

2.	It is the Licensee’s responsibility to ensure compliance with Paragraph 6 of the Agreement.

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