Marty Hendrick, Executive Director
Oklahoma State Board of Pharmacy
2920 N. Lincoln Blvd., Suite A
Oklahoma City, OK 73105
Re: Rios, Case No. 1660
Dear Executive Director Hendrick:
This office has received your request for a written Attorney General Opinion regarding disciplinary action the State Board of Pharmacy intends to take in Case No. 1600.
The Oklahoma Pharmacy Act authorizes the Board to regulate the practice of pharmacy. 59 O.S. 2021, § 353.7. The Board may revoke the license of any person who violates the Uniform Controlled Dangerous Substances Act or “[c]onducts . . . herself in a manner likely to lower public esteem for the profession of pharmacy.” Id. § 353.26(A)(2), (5). The Uniform Controlled Dangerous Substances Act makes it unlawful for any person to possess a controlled dangerous substance knowingly or intentionally without a valid prescription. 63 O.S.2021, § 2-402(A)(1). A registrant1 is required to “conduct business in conformity with all . . . laws” and “in a manner that will entitle them to the respect and confidence of the community . . . .” OAC 535:25-7-3(a), (b). A registrant violates the rules of registrant conduct when the registrant commits theft while working. OAC 535:25-9-7.
In 2023, Respondent admitted to stealing Alprazolam and Oxycodone/Acetaminophen from her employer.2 Respondent was terminated from her employment as a pharmacy tech and voluntarily agreed not to work or volunteer in a position that allows access to controlled substances. The Board proposes revoking the Respondent’s permit. The Board may reasonably believe the proposed action is necessary to deter future violations.
It is, therefore, the official opinion of the Attorney General that the State Board of Pharmacy’s proposed action is in accordance with the State’s policy to protect public health, safety, and welfare.
ROB JOHNSON
General Counsel
1Registrant is defined as “any holder of registration, certificate, license or permit that is regulated by the Board.” OAC 535:25-1-1.1.
2Respondent’s employer identified additional drug losses, but Respondent denied stealing the additional drugs.
