Marty Hendrick, Executive Director
Oklahoma State Board of Pharmacy
2920 N. Lincoln Blvd., Suite A
Oklahoma City, OK 73105
Re: Neeland, Case No. 2025-1734
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 number T-32209 issued by the Oklahoma State Board of Pharmacy on November 1, 2024.
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 “[v]iolates any provision of the Oklahoma Pharmacy Act or any other applicable state or federal law;” or “[c]onducts himself or herself 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.” Id. § 353.26(A)(1), (5), (8).[1] Pursuant to 59 O.S., § 353.24(A)(8), it is unlawful for any licensee or other person to “[p]ossess dangerous drugs without a valid prescription or a valid license to possess such drugs." See also OAC 535:25-9-7.
Respondent was a pharmacy technician at a retail pharmacy located in Moore, Oklahoma. On May 9, 2025, the pharmacy notified the Board office that Respondent had been terminated from employment on May 8, 2025, due to confirmed drug diversion. On May 6, 2025, the pharmacist contacted Asset Protection regarding a suspected drug shortage at the pharmacy after a suspicious prescription fill cancellation was identified. During a May 8, 2025, interview by Asset Protection members, Respondent verbally admitted to diverting controlled substances from the pharmacy on multiple occasions and provided a written voluntary statement of admission admitting to diverting Alprazolam, Hydrocodone, and Oxycodone.
The Board Compliance Officer investigated the matter and, as part of the investigation, reviewed various documents and information, including the Asset Protection Report related to the matter, video surveillance footage, Respondent's written voluntary statement of admission, and a DEA 106 Form for the pharmacy. On June 23, 2025, the Board office received via fax a DEA‑106 Form from the pharmacy reporting the theft or loss of 3,762 tablets.
After a hearing on November 18, 2025, and considering the record in its totality, the Board concluded that clear and convincing evidence established that Respondent violated the Oklahoma Pharmacy Act and that the most appropriate disciplinary action is permanent revocation of Respondent's pharmacy technician permit and a monetary fine in the amount of $2,000.00.
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] Respondent 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 in which they practice.” OAC 535:25-7-3(a), (b).
