COMMONWEALTH OF MASSACHUSETTS

SUFFOLK COUNTY	                                                              BOARD OF REGISTRATION 
                                                                                                  IN PHARMACY

In the Matter of                            
The Whittier Pharmacist, Inc.                                                PHA-2012-0238
Registration No. DS3587             
Expires December 31, 2015        

CONSENT AGREEMENT FOR PROBATION

The Massachusetts Board of Registration in Pharmacy ("Board") and The Whittier Pharmacist, Inc. ("Pharmacy" or ''Whittier"), DS3587, do hereby stipulate and agree that the following information shall be entered into and become a permanent part of the Pharmacy's record maintained by the Board:
1.	The Pharmacy acknowledges that a complaint has been opened by the Board against its Massachusetts pharmacy registration related to the conduct set forth in Paragraph 2, identified as Docket No. PHA-2012- 0238.1

2.	The Board and the Pharmacy acknowledge and agree to the following facts:
a.	Board investigators conducted an unannounced inspection of Whittier on or about November 28 & 29, 2012. During the inspection, Board investigators made observations from which they determined Whittier to be non-complaint with 247 CMR 9.01 and United States Pharmacopoeia ("USP") Standard <797> Pharmaceutical Compounding - Sterile Preparations, with regard to its compounding of sterile medications. 
b.	As a result of this determination of non-compliance, on or about November 28, 2012, Whittier was notified to immediately cease the preparation and dispensing of sterile compounded medications, and quarantine all sterile compounded medications  on Whittier's premises.

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1 The term "registration" applies to both a current registration and the right to renew an expired registration.

The Whittier Pharmacist, Inc. 
DS3587
PHA-2012-0238

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c.	Board investigators conducted an inspection of Whittier on or about May 10, 2013. During the inspection, Board investigators observed that Whittier appeared to be in compliance with United States Pharmacopoeia ("USP") Standard <797> Pharmaceutical Compounding - Sterile Preparations. Accordingly, the Cease and Desist and Quarantine Notice was rescinded and Whittier was authorized by the Board to resume sterile compounding.

3.	The Pharmacy agrees that its registration shall be placed on PROBATION for one (1) year ("Probationary Period"), commencing with the date on which the Board signs this Agreement ("Effective Date").

4.	During the Probationary Period, the Pharmacy further agrees that it shall comply with  all of the following requirements  to the Board's satisfaction:
a.	Comply with all laws and regulations governing the practice of pharmacy and the United States Pharmacopeia.

b.	Notify the Board in writing within ten (10) days of each change in its name and/or address.

c.	Timely renew its registration.

d.	Submit documentation demonstrating that each pharmacist and pharmacy technician working at Whittier successfully completed at least five (5) contact hours of continuing education in the area of Sterile Compounding within 90 days of the Effective Date.
5.	The Board agrees that in return for the Pharmacy's execution and successful compliance with the requirements of this Agreement it will not prosecute the Complaint. 
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2  In all instances where this Agreement specifies written notice to the Pharmacy from the Board, such notice shall be sent to the Pharmacy'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 Pharmacy engaged in conduct that violates Board statutes or regulations, and (2) is substantiated by evidence, as determined following the complaint investigation during which the Pharmacy shall have an opportunity to respond.

The Whittier Pharmacist, Inc. 
DS3587
PHA-2012-0238                                                             Page 2 of 4

6.	If the Pharmacy has complied to the Board's satisfaction with all the requirements contained in this Agreement, the Probationary Period will terminate one (1) year after the Effective Date upon written notice to the Pharmacy from the Board2.
7.	If the Pharmacy does not materially comply with each requirement of this Agreement, or if the Board opens a Subsequent Complaint3 during the Probationary Period, the Pharmacy agrees to the following:

a.	The Board may upon written notice to the Pharmacy, 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 Pharmacy's registration.

b.	If the Board suspends the Pharmacy's registration pursuant to Paragraph 7(a)(iii), the suspension shall remain in effect until:
i.	the Board provides the Pharmacy written notice that the Probationary Period
ii.	is to be resumed and under what terms; or the Board and the Pharmacy sign a subsequent agreement; or
iii.	the Board issues a written final decision and order following adjudication of the allegations (1) of noncompliance with this Agreement, and/or (2) contained in the Subsequent Complaint.
8.	The Pharmacy agrees that if the Board suspends its registration in accordance with Paragraph 7, it will immediately return its current Massachusetts registration to the Board, by hand or certified mail. The Pharmacy further agrees that upon said suspension, it will no longer be authorized to operate as a pharmacy in the Commonwealth of Massachusetts and shall not in any way represent itself as a pharmacy until such time as the Board reinstates registration or right to renew such registration.

9.	The Pharmacy understands that it has a right to formal adjudicatory hearing concerning the Complaint and that during said adjudication it would possess the right to confront and cross-examine witnesses, to call witnesses, to present evidence, to testify  on its own behalf, to contest the allegations, to present oral argument, to appeal to the courts, and all other rights as set forth 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 Pharmacy further understands that by executing this Agreement it is knowingly and voluntarily waiving its right to a formal adjudication of the Complaints.

10.	The Pharmacy acknowledges that it has been at all times free to seek and use legal counsel in connection with the Complaint and this Agreement.

11.	The Pharmacy 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.

12.	The Pharmacy understands and agrees that entering into this Agreement is a voluntary and final act and not subject to reconsideration, appeal or judicial review.

13.	The Pharmacy acknowledges that after the Effective Date, the Agreement constitutes a public record subject to the Commonwealth of Massachusetts' Public Records Law, M.G.L. c. 4, § 7.

14.	The individual signing this Agreement certifies that he/she is authorized to enter into this Agreement on behalf of the Pharmacy, and that he/she has read this Agreement.

15.	The Pharmacy acknowledges that it has been at all times free to seek and use legal counsel in connection with the Complaint and this Agreement.

16.	The Pharmacy 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.

The Whittier Pharmacist Inc. 
DS3587
PHA-2012-0238
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17.	The Pharmacy 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.

18.	The Pharmacy understands and agrees that entering into this Agreement is a voluntary and final act and not subject to reconsideration, appeal or judicial review.

19.	The Pharmacy acknowledges that after the Effective Date, the Agreement constitutes a public record subject to the Commonwealth of Massachusetts' Public Records Law, M.G.L. c. 4, § 7.

20.	The individual signing this Agreement certifies that he/she is authorized to enter into this Agreement on behalf of the Pharmacy, and that he/she has read this Agreement.

Alfred J. Arcidi, 3/31/14
The Whittier Pharmacist, Inc.

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

4-11-14
Effective Date of Probation Agreement

Fully Signed Agreement Sent to Registrant on 4-11-14 by Certified Mail No. 7012 3460 0001 7331 3290

The Whittier Pharmacist, Inc. 
DS3587
PHA-2012-0238
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