Marty Hendrick, Executive Director
Oklahoma State Board of Pharmacy
2920 N. Lincoln Blvd., Suite A
Oklahoma City, OK 73105
Re: Martin, Case No. 2024-1707
Dear Executive Director Hendrick:
This office has received your request for a written Attorney General Opinion regarding disciplinary action the State Board of Pharmacy (the “Board”) intends to take in the above-referenced case.
The Oklahoma Pharmacy Act authorizes the Board to regulate the practice of pharmacy. 59 O.S.Supp.2022, § 353.7(1). The Board has jurisdiction to hear this matter pursuant to Oklahoma Statute title 59, sections 353.7(12) and 353.26(A). The Board may suspend a permit of and levy fines on any person who violates the Oklahoma Pharmacy Act, any other applicable federal or state law, “[c]onducts himself . . . in a manner likely to lower public esteem for the profession of pharmacy[,]” or “[e]xercises conduct and habits inconsistent with the rules of professional conduct established by the Board.” 59 O.S.2021, § 353.26(A)(1), (5), (8). 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. “A registrant shall not violate directly, . . . or conspire to violate, any provision of the Oklahoma Pharmacy Act . . . or federal, state and local laws and rules.” OAC 535:25-9-3.
On May 29, 2024, Respondent was terminated from his job for theft of cash after an internal investigation revealed thirty-one (31) instances where video surveillance footage showed Respondent stealing cash while taking the cash register till to and from the cash office. Additionally, the till which Respondent was assigned came up short in an amount of $20 or more thirty-six (36) times. Respondent admitted in a written admission statement, to stealing a total of $460. On December 2, 2024, Respondent’s pharmacy technician permit was cancelled for failure to renew after expiring on October 31, 2024.
The Board proposes to revoke the Respondent’s pharmacy technician permit (Permit No. T-30090) and assess a $500 fine. The Respondent is not allowed to ask the Board for approval for reinstatement of his permit for at least two (2) years from the date of the Final Agency Order. 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.
Cheryl Dixon
Deputy General Counsel
1 Registrant is defined as “any holder of registration, certificate, license or permit that is regulated by the Board.” OAC 535:25-1-1.1.
