The Commonwealth of Massachusetts Executive Office of Health and Human Services Department of Public Health

Division of Health Professions Licensure

DEVALL. PATRICK

GOVERNOR

TIMOTHY P. MURRAY

LIEUTENANT GOVERNOR

JUDYANN BIGBY, MD

SECRETARY

JOHN AUERBACH

COMMISSIONER

Board of Registration in Pharmacy

239 Causeway Street, Suite 500, 5th Floor Boston, MA 02114

(800) 414-0168

http://www. mass.gov/dph/boards/pharmacy

September 19, 2012

Celeste M. Frappier

Re:	Pharmacist Reciprocal Licensure Application- FINAL DECISION Dear Ms. Frappier:

At the meeting on September 11, 2012, the Board of Registration in Pharmacy (Board)

reviewed your August 24, 2012 letter regarding the Board's preliminary denial.letter dated August 9, 2012) of your Pharmacist Reciprocal Licensure Application (Application). The Board also again reviewed your Application and documentation relating to the discipline of your Connecticut pharmacist license as well as your June 5, 2012 appearance before the Board.

Please be advised that the Board did not find your letter to provide responsive information regarding their concerns as to your fitness for pharmacist licensure in the Commonwealth of Massachusetts. With respect to your conduct as a pharmacy owner and manager that resulted in the suspension of your Connecticut registration and substantial civil penalty fine levied by the State of Connecticut Commission of Pharmacy, in the opinion of the Board, you have not acknowledged your responsibility or primary role regarding the conditions that Connecticut investigators observed at your pharmacy; specific areas of concern include the percentage of outdated medications in your pharmacy inventory, security of drugs in the pharmacy, the dispensing of expired Levothyroxine 300mcg on or about May 26 and 31, 2005, confidentiality of prescription information, and your supervision of pharmacy technicians. your description of the Connecticut proceedings as resulting from an aggrieved technician (June 5, 2012 appearance before the Board) and comments that you entered in to an agreement with the Connecticut Board because of your intention to sell your pharmacy did not provide adequate assurance to the Board of your current appreciation of the substandard pharmacy practices that resulted in the State of Connecticut discipline.	·

During your June 5th appearance, the Board inquired as to your pharmacy practice since the Connecticut discipline, including your supervision of technicians in your current position. The Board was not satisfied with your responses wherein you described your pharmacist functioning as limited to your pharmacist tasks only with little to no involvement in the supervision of

pharmacy technicians. Although each pharmacy has its own processes, a pharmacist who works with technicians in any pharmacy setting has important basic responsibilities regarding

technician and other pharmacy support personnel which are in addition to the responsibilities of the pharmacy manager of record. Your statements to the Board that you had no intention of ever being a manager of record in the future does not change the requirements for licensure qualification in Massachusetts.

After review and discussion of your August 24, 2012 letter, the Board affirmed its prior decision to DENY your application for licensure, based on the documents contained in your application file:

Your personal statement and attachments to your Pharmacist Reciprocal Licensure Application dated March 12, 2012;

Documentation relating to your answer to Application Section D. 5., including the Settlement Agreement Concerning Pharmacist License of Celeste M. Frappier (In the Matter of Celeste M Frappier State of Connecticut Commission of Pharmacy Docket No. 06-171) and report of Connecticut Commission of Pharmacy Agent Barry R. Cerreto dated November 25, 2005; and

Your August 24; 2012 letter which did not address the Board's continuing concerns regarding the multiple areas of pharmacy operations and practice which were the bases for the Connecticut license discipline.

As previously noted, Board has also denied your application based on concerns as a result of your June 5, 2012 appearance that you did not demonstrate fitness to practice pharmacy independently or supervise pharmacy support personnel in accordance with Massachusetts laws and Board regulations regarding the practice of pharmacy.

Please be advised that federal law mandates the Board to report a denial of an application for registration to the National Practitioner Data Bank.

Very truly yours,

Karen M. Ryle, R.Ph.

Secretary

CERTIFIED MAIL NO. 7012 0470 0001 3526 9258 and First-Class Mail

RIGHT TO APPEAL

You are hereby notified of your right to appeal this Final Decision pursuant to Massachusetts General Laws Chapter 30A, Sections 14 and 15, within thirty (30) days of receipt of this decision.	·

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