state of california richard elliskane, president, amy ... · oakdale pharmacy, richard ellis kane,...

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against:

OAKDALE PHARMACY, INC., RICHARD ELLISKANE, PRESIDENT, AMY REBECCA KANE, VICE PRESIDENT, WENDY S. KANE, SECRETARY 5400 Balboa Blvd Encino, CA 91316 RICHARD ELLIS KANE, Pharmacist-in-Charge

Original Pharmacy Permit No. PHY 39428

RICHARD ELLIS KANE 5400 Balboa Blvd Encino, CA 91316

Original Pharmacist License No. RPH 28319

Respondents.

Case No. 6143

OAH No. 2018020740

STIPULATED SETTLMENT AND DISCIPLINARY ORDER FOR PUBLIC REPROVAL AS TO RESPONDENT OAKDALE PHARMACY ONLY

[Bus. & Prof. Code § 495]

DECISION AND ORDER

The attached Stipulated Settlement and Disciplinary Order for Public Reproval is hereby

adopted by the Board of Pharmacy, Department of Consumer Affairs, as its Decision in this

matter.

Stipulated Settlement and Disciplinary Order for Public Reproval, Case No. 6143 as to Respondent Oakdale Pharmacy Only

This Decision shall become effective at 5:00 p.m. on November 7, 2018.

It is so ORDERED on October 8, 2018.

BOARD OF PHARMACY DEPARTMENT OF CO NS UMER AFFA IRS STATE OF CA LIF ORNIA

By Victor Law, R .Ph.Board Preside nt

Stipulated Settlement and Disciplinary Order for Public Reproval, Case No. 6143 as to Respondent Oakdale Pharmacy Only

5

10

15

20

25

1

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

· 23

24

26

27

28

XAVIER BECERRA Attorney General of California LINDAL. SUN Supervising Deputy Attorney General HELENE E. ROUSE Deputy Attorney General State Bar No. 130426

300 So. Spring Street, Suite 1702 Los Angeles, CA 90013 Telephone: (213) 269-6279 Facsimile: (213) 897-2804 E-mail: [email protected]

Attorneys for Complainant


DEPARTMENT OF CONSUMER AFFAffiS STATE OF CALIFORNIA

11-----------------, In the Matter of the Accusation Against:

OAKDALE PHARMACY, INC., RICHARD ELLIS KANE, PRESIDENT, AMY REBECCA KANE, VICE PRESIDENT, WENDY s.~KANE, SECRETARY 5400 Balboa Blvd. Encino, CA 91316 RICHARD ELLIS KANE, Pharmacist-inCharge

Original Permit No. PHY 39428

RICHARD ELLIS KANE 5400 Balboa Blvd. Encino, CA 91316


Respondents.

Case No. 6143

OAH No. 2018020740

STIPULATED SETTLEMENT AND DISCIPLINARY ORDER FOR PUBLIC REPROVAL AS TO RESPONDENT OAKDALE PHARMACY ONLY

[Bus. & Prof. Code § 495]

IT IS HEREBY STIPULATED AND AGREED by and between the parties to the above-

entitled proceedings that the following matters are true:

PARTIES

1. Virginia Herold (Complainant) is the Executive Officer of the Board of Pharmacy

(Board). She brought this action solely in her official capacity and is represented in this matter by

STIP SETTLEMENT & DISC ORDER FOR PUBLIC REPROVAL AS TO OAKDALE PHARMACY ONLY (CASE NO, 6143) I I

mailto:[email protected]

5

10

15

20

25

- -- ---

1

2

3

4

6

7

8

9

11

1.2

13

14

16

17

18

19

21

22

23

24

26

27

28

Xavier Becerra, Attorney General of the State of California, by Helene E. Rouse, Deputy

Attorney General.

2. Respondents Oakdale Pharmacy and Richard Ellis Kane (Respondents) are

represented in this proceeding by attorney Herbert L. Weinberg, whose address is: Fenton Law

Group LLP, 1990 S. Bundy Drive, Suite 777, Los Angeles, CA 90025.

JURISDICTION

3. On or about August 5, 1993, the Board issued Pharmacy Permit No. PHY 39428 to

Oakdale Pharmacy, doin.g business as Oakdale Pharmacy, with Richard Ellis Kane as the

President and Pharmacist-in-Charge, Amy Rebecca Kane as the Vice President, and Wendy,S.

Kane as the Secretary (Respondent). The Pharmacy Permit was in full force and effect at all

times relevant to the charges brought in Accusation No. 6143 and will expire on August 1, 2018,

unless renewed.

4. Accusation No. 6143 was filed before the Board and is currently pending against

Respondent. The Accusation and all other statutorily required documents were properly served

on Respondent on December 27, 2017. Respondent timely filed its Notice of Defense contesting

the Accusation. A copy of Accusation No. 6143 is attached as exhibit A and incorporated herein

by reference.

ADVISEMENT AND WAIVERS

5. Respondent has carefully read, fully discussed with counsel, and understands the

charges and allegations in Accusation No. 6143. Respondent has also carefully read, fully

discussed with counsel, and understands the effects of this Stipulated Settlement and Disciplinary

Order for Public Reproval.

6. Respondent is fully aware ofhis legal rights in this matter, including the right to a

bearing on the charges and allegations in the Accusation; the right to be represented by counsel at

his own expense; the right to confront and cross-examine the witnesses against him; the right to

present evidence and to testify on his own behalf; the right to the issuance of subpoenas to compel

the attendance of witnesses and the production of documents; the right to reconsideration and

2 STIP SETTLEMENT & DISC ORDER FOR PUBLIC REPROVAL AS TO OAKDALE PHARMACY

ONLY (CASE NO, 6143)

1

· 2

3

4

5

6

7

8

9

Io

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

court review of an adverse decision; and all other rights accorded by the California

Administrative Procedure Act and other applicable laws. ·

7. Respondent voluntarily, knowingly, and intelligently waives and gives up each and

every right set forth above.

CULP ABILITY

8. Respondent understands and agrees that the charges and allegations in Accusation

No.. 6143, ifproven at a hearing, constitute cause for imposing discipline upon his Pharmacy

Permit.

9. For the purpose ofresolving the Accusation without the expense and uncertainty of

further proceedings, Respondent agrees that, at a hearing, Complainant could establish a factual

basis for the charges·in the Accusation, and that Respondent hereby gives up his right to contest

those charges.

1O. Respondent agrees that his Pharmacy Permit is subject to discipline and he agrees to

be bound by the Board's probationary terms·as set forth in the Disciplinary Order below.

CONTINGENCY

11. This stipulation shall be subject to approval by the Board of Phannacy. Respondent

. understands and agrees that counsel for Complainant and the staff of the Board of Pharmacy may

communicate directly with the Board regarding this stipulation and settlement, without notice to

or participation by Respondent or its counsel. By signing the stipulation, Respondent understands

and agrees that they may not withdraw its agreement or seek to rescind the stipulation prior to the

time the Board considers and acts upon it. If the Board fails to adopt this stipulation as its

Decision and Order, the Stipulated Settlement and Disciplinary Order for Public Reproval shall

be of no force or effect, except for this paragraph, it shall be inadmissible in any legal action

between the parties, and the Board shall not be disqualified from further action by having

considered this matter.

12. The parties understand and agree that Portable Document Format (PDF) and facsimile

copies of this Stipulated Settlement and Disciplinary Order for Public Reproval, including


ONLY (CASE NO. 6143)

5

10

15

20

25

1

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

26

27

28

Portable Document Format (PDF) and facsimile signatures thereto, shall have the same force and

effect as the originals.

13. This Stipulated Settlement and Disciplinary Order for Public Reproval is intended by

the parties to be an integrated writing representing the complete, fina~ and exclusive embodiment

of their agreement. It supersedes any and all prior or contemporaneous agreements,

understandings, discussions, negotiations, and commitments (written or oral). This Stipulated

Settlement and Disciplinary Order for Public ~eproval may not be altered, amended, modified,

supplemented, or otherwise changed except by a writing executed by an authorized representative

of each of the parties.

14. In consideration of the foregoing admissions and stipulations, the parties agree that

the Board may, without further notice or formal proceeding, issue and enter the following

Disciplinary Order:

DISCIPLINARY ORDER

IT IS HEREBY ORDERED that Pharmacy Permit No. PHY 39428 issued to Respondent

Oakdale Pharmacy, Richard Ellis Kane, PIC, Amy Rebecca Kane, Wendy S. Kane (Respondent)

shall be publicly reproved by the Board ofPharmacy under Business and Professions Code

section 495 in resolution of Accusation No. 6143, attached as Exhibit A.

Cost Recovery. Respondent shall pay $18,862.50 to the Board for its costs associated with

the investigation and enforcement of this matter. Respondents Oakdale Pharmacy and Richard

Ellis Kane shall be jointly and severally responsible for paying these costs to the Board.

Respondent shall be permitted to pay these costs in a payment plan approved by the Board. If

Respondent fails to pay the Board costs as ordered, Respondent shall not be allowed to renew his

Pharmacy Permit until Respondent pays costs in full.

The filing ofbankruptcy by Respondent shall not relieve Respondent of his responsibility to

reimburse the Board its costs of investigation and prosecution.

Ill

Ill

Ill


ONLY (CASE NO. 6143)

https://18,862.50

2

08/03/2018 11:18 8187880550 OAKDALE PHARMACY PAGE 01/02

'i

l 1 . A~~.~,!A~9l I have oarefully ,:ead the above Stipulated Settlemcmt and DiJ!oi.ylinary Order for Public '.I

3 : : R.eproval and have fhlly disoll8sed it wirh my attorney, Herbert L. Weinberg, I understand the

stipulation and the effect it will have ov. niy Phanna.oy Pemtlt, I enter :into this Stipulated ' '

Settlement and Disciplinary Order for Public Reproval voluntarily, knowingly, and intelligently,

and agree to be bound by the Decision and

'I

4 : , ''. S : : ,

6

7 DATED: August 31 2018 ,•1 ' .. __,.,,,. ' ◄ ~ •• """"'" ~~~~~::-;LJ~~-=-=:!:-':-?:!::~:-=::==~~~~:':::":'~~=

I '1

',.I

l0 I

l l

Settlement a:u.d nmoiplinat'y O:rder fu,: PubUc. Re12

DATED: Ang1u1t '.:l, 201813

14

15

I have read and fully discussed with Respondont rue Ellis Kane, Ptesid<mt ofOllkdal.e

Pl).an;naoy, the terms and QOndit;ions and other matters co

,!£N~JJ:M!.W.16 The fu:i:egofug Stipulated Settlement and Disoipti:ri.ary Order for Publi<> Rep,:oval is hereby

respectfully submitted fur consideration by th~ Boatd ofPharmacy ofthe D,epartment of

Consumer Affltl.t:s.

Dated: Augui3t 3, 2018 Respectfully subnrlttedJ ·

XAVIERBBCERRA Attormiy Oexte:(al ofCalifurniaLINnA L. SUN Superviai»g De,l>uty Attoniey General

17 ; .18 •,

. 19

20 .•

,21

22

23

24

25 BBL~ E. R00$E Deputy Attor.n.ey General Attorne)IN for Complainant 26

27 LA2017604692 629087O8,doo 28 .

5 ..rr;s:,.'1·"T~O~OAKD~'~~~ffl~.~~~"e!ll:S=TIP=s=E~Tl':t::L~~~~=~m~J!J,R~'"=F:-;:::0..:-R-::l':.;:®L=i.-z:c:.:RE=PR;t-O;;:.':V#:ALrt-,

ONLY (CASE NO, 1(,143) fH-"'.....,,",ii:':" ~.. , -:,,!,

. .. ., .,... , ... " ...... , ..... ,,. " ., . '' ..., ,,,... ,, ,.,, .., ''' ,, ,,,,,. ''•' ., '''"• . ,.,,,,,, ... . .. '"\• ...........•, .. ,, ..

https://Attor.n.ey

https://Phanna.oy

Exhibit A

Accusation No. 6143

5

10

15

20

25

1

2

3

4

6

7

8

9

11

12

13

14

.

16

17

18

19

21

22

23

24

26

27

28

XAVIER BECERRA Attorney General of California MARC D. GREENBAUM Supervising Deputy Attorney General ZACHARYT.FANSELOW Deputy Attorney General State Bar No. 274129

300 So. Spring Street, Suite 1702 Los Angeles, CA 90013 Telephone: (213) 897-2562 Facsimile: (213) 897-2804

Attorneysfor Complainant


DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against:

OAKDALE PHARMACY, INC., RICHARD ELLIS KANE, PRESIDENT, AMY REBECCA KANE, VICE PRESIDENT, WENDY S. KANE, SECRETARY 5400 Balboa Blvd. Encino, CA 91316 RJCHARD ELLIS KANE, Pharmacist-in-Charge

Original Permit No. PHY 39428

RICHARD ELLIS KANE 5400 Balboa Blvd. Encino, CA 91316


Respondents.

Case No. 6143

AC CU SAT ION

Complainant alleges:

PARTIES

I. Virginia Herold ("Complainant") brings this Accusation solely in her official capacity

as the Executive Officer of the Board of Pharmacy, Department of Consumer Affairs.

2. On or about August 5, 1993, the Board ofPharmacy issued Original Permit Number

PHY 39428 to Oakdale Pharmacy, Inc., doing business as Oakdale Pharmacy, with Richard Ellis

Kane as the President and Pharmacist-in-Charge, Amy Rebecca Kane as the Vice President, and

1

(OAKDALE PHARMACY, RICHARD ELLIS KANE, PIC, AMY REBECCA KANE, WENDY S. KANE ACCUSATIO

1

2

3

4

5

6

7

8

9

]0

11

12

13

14

l 5

16

17

18

19

· 20

21

22

23

24

25

26

27

28

Wendy S. Kane as the Secretary ("Respondent Pharmacy"). The Original Permit was in full force

and effect at all times relevant to the charges brought herein and will expire on August 1, 2018,

unless renewed.

3. On or about July 31, 1973, the Board of Pharmacy issued Original Pharmacist

License Number RPH 28319 to Richard Ellis Kane ("Respondent Kane"). The Original

Pharmacist License was in full force and effect at all times relevant to the charges brought herein

and will expire on October 31, 2019, unless renewed.

JURISDICTION

4. This Accusation is brought before the Board of Pharmacy, Department of Consumer

Affairs ("Board"), under the authority of the following laws. All section references are to the

Business and Professions Code unless otherwise indicated.

5. Section 4300 provides, in pertinent part, that every license issued by the Board is

subject to discipline, including suspension or revocation.

6. Section 4300.1 states:

"The expiration, cancellation, forfeiture, or suspension of a board-issued license by

operation of law or by order or decision of the board or a court of law, the placement of a license

on a retired status, or the voluntary surrender of a license by a licensee shall not deprive the board

ofjurisdiction to commence or proceed with any investigation of, or action or disciplinary

proceeding against, the licensee orto render a decision suspending or revoking the license."

STATUTORY PROVISIONS

7. Section 4022 states:

"Dangerous drug" or "dangerous device" means any drug or device unsafe for self-use in

humans or animals, and includes the following:

"(a) Any drug that bears the legend: "Caution: federal law prohibits dispensing without

prescription," "Rx only," or words of similar import.

"(b) Any device that bears the statement: "Caution: federal law restricts this device to sale

by or on the order of a _____," "Rx only," or words of similar import, the blank to be filled

in with the designation of the practitioner licensed to use or order use of the device.

2 (OAKDALE PHARMACY, RICHARD ELLIS KANE, PIC, AMY REBECCA KANE, WENDY S. KANE

ACCUSATIO

5

10

15

20

25

1

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

26

27

28

8. Section 4036.5 states: "Pharmacist-in-charge" means a pharmacist proposed by a

pharmacy and approved by the board as the supervisor or manager responsible for ensuring the

pharmacy's compliance with all state and federal laws and regulations pertaining to the practice of

pharmacy."

9. Section 4059 states, in pertinent part:

"(a) A person may not furnish any dangerous drug, except upon the prescription ofa

physician, dentist, podiatrist, optometrist, veterinarian, or naturopathic doctor pursuant to Section

3640.7. A person may not furnish any dangerous device, except upon the prescription of a

physician, dentist, podiatrist, optometrist, veterinarian, or naturopathic doctor pursuant to Section

3640.7.

"(b) This section does not apply to the furnishing of any dangerous drug or dangerous

device by a manufacturer, wholesaler, or pharmacy to each other or to a physician, dentist,

podiatrist, optometrist, veterinarian, or naturopathic doctor pursuant to Section 3640.7, or to a

laboratory under sales and purchase records that correctly give the date, the names and addresses

of the supplier and the buyer, the drug or device, and its quantity. This section does not apply to

the furnishing of any dangerous device by a manufacturer, wholesaler, or pharmacy to a physical

therapist acting within the scope of his or her license under sales and purchase records that

correctly provide the date the device is provided, the names and addresses of the supplier and the

buyer, a description of the device, and the quantity supplied."


"(a) All records of manufacture and of sale, acquisition, receipt, shipment, or disposition of

dangerous drugs or dangerous devices shall be at all times during business hours open to

inspection by authorized officers of the law, and shall be preserved for at least three years from

the date of making. A current inventory shall be kept by every manufacturer, wholesaler, third-

party logistics provider, pharmacy, veterinary food-animal drug retailer, outsourcing facility,

physician, dentist, podiatrist, veterinarian, laboratory, clinic, hospital, institution, or establishment

holding a currently valid and unrevoked certificate, license, permit, registration, or exemption

under Division 2 (commencing with Section 1200) of the Health and Safety Code or under Part 4


ACCUSATIO

J

2

3

4

s 6

7

8

9

10

11

12

13

14

15

J6

] 7

18

19

20

21

22

23

24

25

26

27

28

(c01mnencing with Section 16000) ofDivision 9 ofthe Welfare and Institutions Code who

maintains a stock of dangerous drugs or dangerous devices.

"(b) The owner, officer, and partner of a pharmacy, wholesaler, third-party logistics

provider, or veterinary food-animal drug retailer shall be jointly responsible, with the pharmacist-

in-charge, responsible manager, or designated representative-in-charge, for maintaining the

records and inventory described in this section."

II. Section 4105 states, in pertinent part:

"(a) All records or other documentation of the acquisition and disposition of dangerous

drugs and dangerous devices by any entity licensed by the board shall be retained on the licensed

premises in a readily retrievable form.

"(c) The records required by this section shall be retained on the licensed premises for a

period of three years from the date of making."

12. Section 4126.5 states, in pertinent part:

"(a) A pharmacy may furnish dangerous drugs only to the following:

"(l) A wholesaler owned or under common control by the wholesaler from whom the

dangerous drug was acquired.

"(2) The pharmaceutical manufacturer from whom the dangerous drug was acquired.

"(3) A licensed wholesaler acting as a reverse distributor.

"(4) Another pharmacy or wholesaler to alleviate a temporary shortage of a dangerous drug

that could result in the denial ofhealth care. A pharmacy fornishing dangerous drugs pursuant to

this paragraph may only furnish a quantity sufficient to alleviate the temporary shortage.

"(5) A patient or to another pharmacy pursuant to a prescription or as otherwise authorized

by law.

"(6) A health care provider that is not a pharmacy but that is authorized to purchase

dangerous drugs.

"(7) To another pharmacy 1mder common control."

13. Section 4301 states:


ACCUSATJO

1

2

3

4

5

6

7

8

9

Jo

11

12

13

14

15

J6

17

18

19

20

21

22

23

24

25

26

27

28

"The board shall take action against any ho Ider of a license who is guilty of unprofessional

conduct or whose license has been issued by mistake. Unprofessional conduct shall include, but is

not limited to, any of the following:

"(j) The violation of any of the statutes of this state, or any other state, or of the United

States regulating controlled substances and dangerous drugs.

"(o) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the

violation ofor conspiring to violate any provision or term of this chapter or of the applicable

federal and state laws and regulations governing pharmacy, including regulations established by

the board or by any other state or federal regulatory agency."


"(a) Any person who has been denied a license or whose license has been revoked or is

under suspension, or who has failed to renew his or her license while it was under suspension, or

who has been a manager, administrator, owner, member, officer, director, associate, partner, or

any other person with management or control of any partnership, corporation, trust, firm, or

association whose application for a license has been denied or revoked, is under suspension or has

been placed on probation, and while acting as the manager, administrator, owner, member,

officer, director, associate, partner, or any other person with management or control had

knowledge of or knowingly participated in any conduct for which the license was denied,

revoked, suspended, or placed on probation, shall be prohibited from serving as a manager, ·

administrator, owner, member, officer, director, associate, partner, or in any other position with

management or control of a licensee as follows:

"(1) Where a probationary license is issued or where an existing license is placed on

probation, this prohibition shall remain in effect for a period not to exceed five years.

"(2) Where the license is denied or revoked, the prohibition shall continue until the license

is issued or reinstated."

5

(OAKDALE PHARMACY, RICHARD ELLIS KANE, PTC, AMY REBECCA KANE, WENDY S. KANE ACCUSATIO

5

10

15

20

25

1

2

3

4

6

7

8

9

] I

12

13

14

16

17

18

19

21

22

23

24

26

27

28

15. Section 4332 states: "Any person who fails, neglects, or refuses to maintain the

records required by Section 4081 or who, when called upon by an authorized officer or a member

of the board, fails, neglects, or refuses to produce or provide the records within a reasonable time,

or who willfully produces or furnishes records that are false, is guilty of a misdemeanor."

COST RECOVERY

16. Section 125.3 states, in pertinent part, that the Board may request the administrative

law judge to direct a licentiate found to have committed a violation or violations of the licensing

act to pay a sum not to exceed the reasonable costs ofthe investigation and enforcement ofthe

case.

FIRST CAUSE FOR DISCIPLINE

(Improperly Furnishing Dangerous Drngs to a Wholesaler)

17. Respondent Pharmacy and Respondent Kane (collectively, "Respondents") are

subject to disciplinary action under section 4126.5, in conjunction with section 4301, subdivision

(o), in that Respondents improperly sold dangerous drugs to the wholesaler Livingston, Stern, and

Associates ("Livingston"). The circumstances are as follows:

a. Between May 30, 2014, and March 10, 2016, Respondents sold five hundred and four

(504) units1 of dangerous drugs to Livingston for $44,029.86. The dangerous drugs sold to

Livingston include but are not limited to Haloperidol, Trimethobenz, Rocuronium, Quelicin,

Phenytoin, Bicillin, Gelfilm, Sensipar, SPS, Acetazolamide, Lidocain, Nitrostat, Aplisol,

Meropenum, Dopamine, Clindamycin, Gelfoam, Butal/APAP/Caf, Epinephrine, Sandostatin,

Tamsulosin, Nifedipine, Ateno lo 1, and Furosemide.

b. Pharmacies may only sell dangerous drugs to wholesalers if the wholesaler is under

common control by the wholesaler from whom the dangerous drug was acquired, the wholesaler

is a licensed wholesaler acting as a reverse distributor, or the sale is to another pharmacy or

wholesaler to alleviate a temporary shotiage ofa dangerous drug that could result in the denial of

health care.

1 For purposes of this matter, units are defined as bottles, tubes, inhalers, or similar means of distributing medication.

6

(OAKDALE PHARMACY, RICHARD ELLIS KANE, PIC, AMY REBECCA KANE, WENDY S, KANE ACCUSATIO

https://44,029.86

1

2

3

4

5

6

7

8

9

1O

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

C. Respondents sold the dangerous drugs to Livingston when none of the above

referenced exceptions applied. In particular, there was no documented temporary shortage of any

of the above referenced dangerous drugs sold to Livingston in California.

SECOND CAUSE FOR DISCIPLINE

(Improperly Furnishing Dangerous Drngs)

18. Respondents are subject to disciplinary action under section 4059, subdivision (a), in

conjunction with section 4301, subdivision (o), in that Respondents sold five hundred and four

(504) units of dangerous drugs to Livingston without a prescription and without sales and

purchase records that provided the address of the purchaser, Livingston. Complainant refers to,

and by this reference incorporates the allegations in paragraph 17, subparagraphs (a) through ( c ),

inclusive, as though set forth fully.

TIDRD CAUSE FOR DISCIPLINE

(Failure to Maintain Records of Dangerous Drngs)

19. Respondents are subject to disciplinary action under section 4081 and section 4105,

subdivisions (a) and (c), in conjunction with section 4301, subdivision (o), in that Respondents

failed to maintain records of dangerous drugs sold to Livingston. In an interview with a Board

investigator, Respondent Kane admitted that Respondents did not maintain records of the

dangerous drugs sold to Livingston because there was, allegedly, no room for the records at

Respondent Pharmacy. Complainant refers to, and by this reference incorporates the allegations

in paragraph 17; subparagraphs (a) through (c), inclusive, as though set forth fully.

OTHER MATTERS

20. Pursuant to section 4307, if discipline is imposed on Original Permit Number PHY

39428 issued to Oakdale Pharmacy, Inc., doing business as Oakdale Pharmacy, with Richard Ellis


Wendy S. Kane as the Secretary, Oakdale Pharmacy, Inc., shall be prohibited from serving as a

manager, administrator, owner, member, officer, director, associate, or partner of a licensee for

five years if Original Permit Number PHY 39428 is placed on probation or until Original Permit

Number PHY 39428 is reinstated if the license is revoked.


ACCUSATIO

5

10

15

20

25

1

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

26

27

28 I I I




Wendy S. Kane as the Secretary, while Richard Ellis Kane has been an officer or owner and had

knowledge of, or knowingly participated in, any conduct for which Oakdale Pharmacy, Inc.,

doing business as Oakdale Pharmacy was disciplined, Richard Ellis Kane shall be prohibited from

serving as a manager, administrator, owner, member, officer, director, associate, or partner of a

licensee for five years if Original Permit Number PHY 39428 is placed on probation or until

Original Permit Number PHY 39428 is reinstated if the license is revoked.




Wendy S. Kane as the Secretary, while Amy Rebecca Kane has been an officer or owner and had


doing business as Oakdale Pharmacy was disciplined, Amy Rebecca Kane shall be prohibited

from serving as a manager, administrator, owner, member, officer, director, associate, or partner

of a licensee for five years if Original Permit Number PHY 39428 is placed on probation or until


23. Pursuant to section 4307, if discipline is imposed on Original Pennit Number PHY



Wendy S. Kane as the Secretary, while Wendy S. Kane has been an officer or owner and had


doing business as Oakdale Pharmacy was disciplined, Wendy S. Kane shall be prohibited from

serving as a manager, administrator, owner, member, officer, director, associate, or partner of a

licensee for five years if Original Permit Number PHY 39428 is placed on probation or until


8

(OAKDALE PHARMACY, RICHARD ELLIS KANE, PIC, AMY REBECCA KANE, WENDY S. KANE ACCUSATIO

5

10

15

20

25

1

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

26

27

28

PRAYER

WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged,

and that following the hearing, the Board of Pharmacy issue a decision:

1. Revoking or suspending Pharmacy Permit Number PHY 39428, issued to Oakdale

Pharmacy, Inc., doing business as Oakdale Pharmacy, with Richard Ellis Kane as the President

and Pharmacist-in-Charge, Amy Rebecca Kane as the Vice President, and Wendy S. Kane as the

Secretary;

2. Revoking or suspending Original Pharmacist License Number PRI-I 28319 issued to

Richard Ellis Kane; .

3. Prohibiting Oakdale Pharmacy, Inc., from serving as a manager, administrator,

owner; member, officer, director, associate, or partner of a licensee for five years if Original

Permit Number PHY 39428 is placed on probation or until Original Permit Number PHY 39428

is reinstated if Original Permit Number PHY 39428 issued to Oakdale Pharmacy, Inc., is revoked;

4. Prohibiting Richard Ellis Kane from serving as a manager, administrator, owner,

member, officer, director, associate, or partner of a licensee for five years if Original Permit

Number PHY 39428 is placed on probation or until Original Permit Number PHY 39428 is

reinstated if Original Permit Number PHY 39428 issued to Oakdak Pharmacy, Inc., is revoked;

5. Prohibiting Amy Rebecca Kane from serving as a manager, administrator, owner,



reinstated if Original Permit Number PHY 39428 issued to Oakdale Pharmacy, Inc., is revoked;

6. Prohibiting Wendy S. Kane from serving as a.manager, administrator, owner,



reinstated if Original Permit Number PHY 39428 issued to Oakdale Pharmacy, Inc., is revoked;

7. Ordering Oakdale Pharmacy, with Richard Ellis Kane as the President and

Pharmacist-in-Charge, Amy Rebecca Kane as the Vice President, and Wendy S. Kane as the

Secretary, and Richard Ellis Kane in his personal capacity to pay the Board ofPharmacy the


ACCUSATIO

5

10

15

20

25

1

2

3

4

6

7

8

9

11

12

13

14

16

17

18

19

21

22

23

24

26

27

28

reasonable costs of the investigation and enforcement of this case, pursuant to Business and

Professions Code section 125 .3; and,

8. Taking such other and further action as deemed necessary and proper.

DATED: ---------~ VIRGINIA HEROLD Executive Officer Board ofPharmacy Department of Consumer Affairs State of California Complainant

LA2017604692

10

(OAKDALE PHARMACY, RICHARD ELLIS KANE, PIC, AMY REBECCA KANE, WENDY S. KANE ACCUSATJO

state of california richard elliskane, president, amy ... · oakdale pharmacy, richard ellis kane,...

Documents