COMMONWEALTH OF MASSACHUSETTS

                  SUFFOLK COUNTY		                                    BOARD OF REGISTRATION 
                                                                                    IN PHARMACY

                 In the Matter of                          
                WEST RIVER PHARMACY                                 	PHA-2011-0084 
     DS3572                                                                    	PHA-20 12-0251 
PHA- 2013-0099

SECOND CONSENT AGREEMENT FOR PROBATION

   The Massachusetts Board of Registration in Pharmacy (“Board”) and West River Pharmacy 
  ("West River" or "Licensee"), DS3572, do hereby stipulate and agree that the following information 
  shall be entered into and become a permanent part of West River's record maintained by the Board:

1.	The Board and West River agree that this Agreement supersedes any and all Agreements 
previously entered into by the Board and West River.

2.	The Board and West River acknowledge and agree to the following facts:

a.	As a result of multiple regulatory violations observed on inspection in March 2011 and
July 2011, the Board opened a Complaint against West River's pharmacy license, 
Docket Number PHA-2011-0089; The Board and West River entered into to a Consent
Agreement for Probation on or about December 20, 2011 ("2011 Consent Agreement")  
in resolution of this Complaint. In the 2011 Consent Agreement, the Board and Licensee 
agreed that Licensee’s pharmacy license would be placed on probation for at least two 
years ("Probationary Period'').  

b.	Subsequent to the execution of the 2011 Consent Agreement and during the 
Probationary Period, Board investigators conducted an unannounced sterile 
compounding inspection of West River on or about December 19 & 20, 2012. During 
the inspection, Board investigators observed deficiencies pertaining to the compounding 
of sterile medications, including violations of 247 CMR 9.01 and United States 
Pharmacopoeia ("USP") Chapter 797 standards. Violations included, but were not limited 
to, the lack of a Class 8 (or better) ante room. As a result of this inspection, the Board 
opened a second Complaint against West River's pharmacy license, Docket Number 
PHA-2012-0251.

c.	Subsequent to the execution of the 2011 Consent Agreement and during the 
Probationary Period, a Board investigation revealed evidence that West River allowed 
other pharmacies to fill prescriptions that were received by West River after-hours,  

Licensee:  West River Pharmacy, DS3572
Docket Numbers:   PHA-2011-0084, PHA-2012-0251, PHA-2013-0099
Date:  December 9, 2013
Page 1 of 4

without formally transferring those prescriptions, as required by, and in violation of, 247 
CMR 9.02. As a result of this investigation, the Board opened a third complaint against
West River's pharmacy license, Docket Number PHA-2013-0099.

d.	In the 2011 Consent Agreement, the Board and West River agreed that any violation of 
any state or federal law or regulation governing the practice of pharmacy during the 
Probationary Period would be grounds for suspension of the license or other disciplinary 
action necessary. The deficiencies and practices described in Paragraph 2b and Paragraph 
2c constitute violations of the 2011 Consent Agreement.	

3.	In resolution of the violation of the 2011 Consent Agreement and the two pending Complaints,
PHA-2012-0251 and PHA-2013-0099, West River agrees that its pharmacy license shall 
remain on Probation until December 20, 2015 (“Probationary Period”).1

4.	During the Probationary Period, West River further agrees that it shall comply in all material  
respects with all laws and regulations governing	the practice of pharmacy and the United 
States Pharmacopeia.

5.	The Board agrees that in return for West River’s execution and successful compliance with 
the requirements of this Agreement it will not prosecute the violation of the 2011 Consent 
Agreement.

6.	If the Licensee has complied to the Board’s satisfaction with all the requirements contained in 
this Agreement, the Probationary Period will terminate on December 20, 2015, upon written 
notice to the Licensee from the Board2.

7.	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 license.

	_______________________
 The term “license” applies to both a current license and the right to renew an expired license.
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 December 20, 2012 inspection, 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.

Licensee:  West River Pharmacy, DS3572
Docket Numbers:   PHA-2011-0084, PHA-2012-0251, PHA-2013-0099
Date:  December 9, 2013

Page 2 of 4	

b.	If the Board suspends the West River pharmacy license pursuant to Paragraph 7(a)(iii), 
the suspension shall remain in effect until:

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

     ii.   the Board and West River 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.	West River agrees that if the Board suspends its pharmacy license in accordance with 
Paragraph 7, it will immediately return its current Massachusetts pharmacy license to the 
Board, by hand or certified mail. West River further agrees that upon said suspension, it will no 
longer be authorized to operate a retail drug store in the Commonwealth of Massachusetts and 
shall not in any way represent itself as a retail drug store or pharmacy until such time as the 
Board reinstates its pharmacy license or right to renew such license.

9.	West River 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 Licensee 
further understands that by executing this Agreement it is knowingly and voluntarily waiving its 
right to a formal adjudication of the Complaints.

10.	The Licensee acknowledges that it has the right to be represented by legal counsel in 
connection with the Complaints and this Agreement.

11.	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.

12.	The Licensee certifies that it 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.

Licensee:  West River Pharmacy, DS3S72
Docket Numbers:   PHA-2011-0084, PHA-2012-0251, PHA-2013-0099
Date:   December 9, 2013
Page 3 of 4

Peter DePaola 9/11/14
									      (Signature and Date)								                                                                  West River Pharmacy		

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

September 23, 2014
Effective Date of Probation Agreement

Fully Signed Agreement Sent to Licensee on September 29, 2014 by Certified Mail No. 
7014 0510 0001 0374 6120

Licensee:  West River Pharmacy, DS3572
Docket Numbers:   PHA-2011-0084, PHA-20 12-0251, PHA-20 13-0099
Date:  December 9, 2013
                                                                                       Page 4 of 4