Marty Hendrick, Executive Director
Oklahoma State Board of Pharmacy
2920 N. Lincoln Blvd., Suite A
Oklahoma City, OK 73105
Re: Massar, Case No. 2025-1716
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. Respondent holds a pharmacy technician permit issued by the Oklahoma State Board of Pharmacy.
The Oklahoma Pharmacy Act authorizes the Board to regulate the practice of pharmacy. 59 O.S.Supp.2022, § 353.7. 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 revoke the license of any person who “[c]onducts himself or herself in a manner likely to lower public esteem for the profession of pharmacy.” Id. § 353.26(A)(5). A registrant is required to “conduct business in conformity with all federal, state and municipal laws” and “conduct themselves . . . in a manner that will entitle them to the respect and confidence of the community . . . .” OAC 535:25-7-3(a), (b).[1] A registrant violates the rules of registrant conduct when the registrant commits theft while working. OAC 535:25-9-7.
During a hearing on May 7, 2025, the Board found that Respondent was terminated from her employment as a pharmacy technician at Walmart on February 12, 2025, for theft of general merchandise on nine different occasions between January and February 2025, for a total of $246.37 in unpaid store merchandise. Finding clear and convincing evidence of grounds for discipline under 59 O.S.2021, § 353.26(A)(5), (8), OAC 535:25-7-3(a–b) and OAC 535:25-9-7, the Board proposes to revoke Respondent’s permit and assess a fine in the amount of Five Hundred Dollars ($500.00). Respondent shall not request Board approval to apply for reinstatement for a period of at least two (2) years from the date of the Board’s Order. The Board may reasonably believe the proposed action is necessary to deter future violations.
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.
