DEVALL. PATRICK
GOVERNOR

JOHN W. POLANOWICZ
SECRETARY

CHERYL BARTLETT, RN
COMMISSIONER

The Commonwealth of Massachusetts
Executive Office of Health and Human Services
Department of Public Health
Division of Health Professions Licensure
239 Causeway Street, Suite 500, Boston, MA 02114

Tel: 617-973-0900
nv:617-973-0988
www.mass.gov/dph/boards/rn

                           October 9, 2014

RE:	In the Matter of Terryann Thompson, PT License No. 4514
                                Board of Registration In Pharmacy Docket No. PHA-2013-0158

Dear Ms. Thompson:

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 appeal rights are noted on page 3 of the Final Order.

Sincerely,

David Sencabaugh, R. Ph.
Executive Director

Enc.

cc: Beth A. Oldmixon, Esq., Prosecuting Counsel

COMMONWEALTH OF MASSACHUSETTS

	SUFFOLK COUNTY	BOARD OF REGISTRATION IN PHARMACY

In the Matter of
TERRYANN THOMPSON
PT Registration No. 4514 REG
EXP. DATE 10/5/2013

Docket No. PHA-2013-0158

PROPOSED FINAL DECISION AND ORDER BY DEFAULT

On June 3, 2014, the Board of Registration in Pharmacy ("Board") issued and duly served on Terryann Thompson ("Respondent"), an Order to Show Cause ("Show Cause Order") 1  related to a complaint filed regarding Respondent's license.  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 Order2 .  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 above-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.
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

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.

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 August 5, 2014, in accordance with the Board's authority and statutory mandate, the Board voted to issue this Final Decision and Order by Default and REVOKE Respondent's pharmacy technician registration (No. 4514), effective as of the date issued (see below), by the following vote:  In favor: K. RYLE; P. GANNON; A. YOUNG; R. TINSLEY; J. TRIFONE; J. FRANKE; T. FENSKY; A. PERRONE;
Opposed:  None; Abstain:  None; Absent: J. DEVITA; E. TAGLIERI.

The Board will not review any petition for pharmacy technician licensure 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 as pharmacy technician to provide any services related to the practice of pharmacy or be employed to provide any services in  any capacity in any pharmacy setting in the Commonwealth; or (2) have any ownership, management or other interest or involvement in any pharmacy related business in any setting.  If at any time in the future Respondent seeks re-licensure by the Board, Respondent will be required to meet all current requirements for licensure at the time of any such application, including, but not limited to, re-application, re-examination, re­training and moral character qualifications (including consideration of any convictions or unlawful activity), and any other reinstatement terms and conditions the Board may deem to be necessary and appropriate.  Respondent is hereby advised that the Board does not envision any terms or conditions pursuant to which the Board would consider Respondent to be qualified for licensure as a pharmacy technician in the Commonwealth in the future.

EFFECTIVE DATE OF ORDER

The Final Decision and Order by Default shall be effective as of October 9, 2014.

Respondent is hereby notified of the right to appeal this Final Decision and Order to the Supreme Judicial Court, pursuant to M.G.L. c. 112, § 64 and M.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

						David Sencabaugh, R. Ph.
						Executive Director

Date:  October 9, 2014

Notice to:

VIA FIRST CLASS AND CERTIFIED MAIL RETURN RECEIPT REQUESTED 
7012 3460 0001 7331 4396

   Terryann Thompson
   Redacted

BY HAND DELIVERY

Beth Oldmixon, Esq., Prosecuting Counsel

DEVAL L. PATRICK
GOVERNOR

JOHN W. POLANOWICZ
SECRETARY

CHERYLBARTLETT, RN
COMMISSIONER

The Commonwealth of Massachusetts
Executive Office of Health and Human Services
Department of Public Health
Division of Health Professions Licensure
Office of General Counsel
239 Causeway Street, Suite 500, Boston, MA 02114

Tel: 617-973-0800
ITY: 617-973-0988
Fax: 617-973-0986
www.mass.gov/dph/boards

June 27, 2014

Terryann Thompson

RE:	In the Matter of Terryann Thompson, PT Registration No. 4514 
            Board of Registration in Pharmacy, Docket No. PHA-2013-158

Dear Ms. Thompson:

On June 3, 2014, an Order to Show Cause  ("Order'') was issued on behalf of the Board of Registration in Pharmacy ("Board").  That Order advised you that you must file an Answer to the Order to Show Cause ("Answer'') and a Request for a Hearing within twenty-one (21) days. More than 21 days have passed since that Order was sent and, to date, you have failed to file either document.

This office must receive your Answer and a Request for a Hearing no later than July 9, 2014 if you dispute the allegations in the Order to Show Cause and wish to preserve your right to contest those allegations at a hearing. Your failure to submit a written Answer and a Request for a Hearing shall result in the entry of default in the above-captioned matter and shall constitute a waiver of your right to a hearing on the allegations therein and on any Board disciplinary action.

Your Answer to the Order to Show Cause and your written request for a hearing must be filed with Beth A. Oldmixon, Prosecuting Counsel, at the following address:

Beth A. Oldmixon 	
Prosecuting Counsel 
Department of Public Health
Office of the General Counsel	 	
239 Causeway Street, 5th Floor 	
Boston, MA 02114

If you are defaulted, the Board will 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.

Do not hesitate to call me at (617) 973-0923 if you have any questions or concerns.

Sincerely,

Beth A. Oldmixon
Prosecuting Counsel

DEVALL PATRICK
GOVERNOR

JOHN W. POLANOWICZ
SECRETARY

t'

CHERYL BARTLETT, RN
COMMISSIONER

The Commonwealth of Massachusetts
Executive Office of Health and Human Services
Department of Public Health
Division of Health Professions Licensure
Office of General Counsel
239 Causeway Street, Suite 500, Boston, MA 02114

Tel: 617-973-0800 
ITY: 617-973-D988 
Fax: 617-973-Q986
www.mass.gov/dph/boards

June 3, 2014

BY FIRST CLASS AND CERTIFIED MAIL NO.  7012 0470 000136118586

	  Terryann Thompson

RE:		In the Matter of Terrvann Thompson, PT Registration No. 4514 
Board of Registration in Pharmacy, Docket No. PHA-2013-158

Dear Ms. Thompson:

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-listed complaint 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 as a Pharmacy Technician (Registration No. PT4514).

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 above­ referenced 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 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 Massachusetts, including any right to renew your license.

The request for a hearing and your Answer must be filed with Beth A. Oldmixon, Prosecuting Counsel at the following address:

Beth A. Oldmixon 
Prosecuting Counsel
Department of Public Health 
Office of the General Counsel
239 Causeway Street, Suite 500, 5th Floor 
Boston, Massachusetts 02114

If you are represented by an attorney in this matter, all communications should be made through your attorney.

You may contact me at (617) 973-0923 if you have any questions regarding this matter.

Sincerely,

Beth A. Oldmixon 
Prosecuting Counsel

End:	Order to Show Cause Certificate of Service

7012 0470 0001 3611 8586

IN THE MATTER OF
TERRYANN THOMPSON			Docket No PHA-2013-15
PT REGISTRATION NO. 4514
  REG. EXP. DATE: 10/05/2013

ORDER TO SHOW CAUSE

Terryann Thompson, 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 pharmacy technician registration, Registration No. 4514, or your right to renew such registration, pursuant to Massachusetts General Laws 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 March 11, 2013, the Board issued to you a pharmacy technician registration, Registration No. 4514.  Your registration expired on October 5, 2013 and has not been renewed.

2.	From approximately June 2011 through on or about September 6, 2013, while employed at CVS #1181 LOCATED AT 1 Maple Street Danvers, Massachusetts 01923 (CVS)

3     	From approximately June 2011 through on or about September 6, 2013, while employed at CVS, you diverted approximately five hundred (500) tablets of Hydrocondone/APAP 705/325mg, a Schedule III Controlled Substance.

4.   	From approximately June 2011 through on or about September 6, 2013, while
employed at CVS, you diverted approximately one hundred and fifty (150) tablets of Hydrocodone/APAP 10/325mg, a Schedule III Controlled Substance.

5.	From approximately June 2011 through on or about September 6, 2013 while
      employed at CVS, you diverted approximately five hundred (500) tablets of  
            Hydrocodone/APAP 5/325mg, a Schedule III Controlled Substance.

6.	From approximately June 2011 through on or about September 6, 2013, while employed at CVS, you diverted approxiamately five hundred (500) tables of Hydrocodone/Ibuprophen 7.5/200mg, a Schedule III Controlled Substance.

7.	From approximately June 2011 through on or about September 6, 2013 you did not have a valid prescription for the Controlled Substances listed in Paragraph 3 through 6
.
8. 	On or about September 6, 2013, you executed a statement in which you admitted to diverting from CVS the Controlled Substances listed in Paragraph 3 through 6.

9.	On or about September 6, 2013, as a result of your admission, you were terminated from your position as a pharmacy technician at CVS.

10.	On or about December 16, 2013, in Salem District Court, you admitted to sufficient facts in connection with one count of Dispensing Drugs without a prescription and one count of Larceny over $250. The matter was continued without a finding for one year and you were required to remain drug free, submit to drug screens, and continue substance abuse counseling.

 11.	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 §§ 24D and 42A.

12.	Your conduct as alleged warrants disciplinary action by the Board against your license  to practice as pursuant to G.L. c. 112 § 61, for deceit, malpractice, gross misconduct I the practice of the profession, or any offense against the laws of the Commonwealth relating thereto.

13.	Your conduct as alleged warrants disciplinary action by the Board against your license to practice as pursuant to G.L. c. 94C, § 34, for conduct in violation of the Massachusetts Controlled Substance.

14. 	Your conduct as alleged warrants disciplinary action by the Board against your license to practice as a pharmacy technician pursuant to Board regulation 247 C.M.R. 10.03 (h) for engaging in abuse or the illegal use of prescription drugs or controlled substances.

15.	Your conduct as alleged warrants disciplinary action by the Board against your license to practice as a pharmacy technician pursuant to Board regulation 247 C.M.R. 10.03 (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 alleged warrants disciplinary action by the Board against your license to practice as a pharmacy technician pursuant to Board regulation 247 C.M.R. 10.03 ® for engaging in conduct that demonstrates a lack of good moral character.

17.	Your conduct as alleged warrants disciplinary action by the Board against your license to practice as a pharmacy technician pursuant to Board regulation 247 C.M.R. 10.03 (u) for engaging in conduct which undermines public confidence in the integrity of the profession.

18.	Your conduct as alleged also constitutes unprofessional conduct and conduct which undermines public confidence in the integrity of the 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. 823 (1990); Raymond v. Board of Registration in Medicine, 387 Mass. 708, 713 ( 1982).

*  *  *   *  *
2

You have a right to an adjudicatory hearing ("hearing") on the allegations contained in the Order to Show Cause before the Board determines whether to suspend, revoke, or impose other discipline against your registration.  G.L. c. 112, § 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 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 cross-examine 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 ordered 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 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 Beth A. Oldmixon at the following address:

Beth A. Oldmixon Prosecuting Counsel Department of Public Health Office of the General Counsel
239 Causeway Street, Suite 500, 5th 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) 973-0923 to schedule a time that is mutually convenient.

BOARD OF REGISTRATION
IN PHARMACY,
Karen M. Ryle, MS RPh, President

	                                                             Beth A. Oldmixon 
 Prosecuting Counsel
Department of Public Health

.  Date:  June 3, 2014

4

CERTIFICATE  OF SERVICE

I, Beth A. Oldmixon, hereby certify that a copy of the foregoing Cover Letter, Order to Show Cause and Certificate of Service was served upon the Respondent, Terryann Thompson, at the following address:

            Terryann Thompson

by Certified Mail No. 7012 0470 0001 3611 8586 and by first class mail on this 3rd day of June, 2014.

Beth A. Oldrnixon 
Prosecuting Counsel

5