Mary Hendrick, Executive Director
Oklahoma State Board of Pharmacy
2920 N. Lincoln Blvd., Suite A
Oklahoma City, Oklahoma 73105
Re: Hollingsworth, Case No. 2025-1726
Dear Executive Director Hendrick:
This office has received your request for a written Attorney General Opinion regarding disciplinary action the State Board of Pharmacy (“Board”) intends to take in the above-referenced case. Hollingsworth (“Respondent”) holds Pharmacy Technician Permit No. T-26238 which expired on July 31, 2025, and was not timely renewed.
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 revoke the license of any person who “[v]iolates the Oklahoma Pharmacy Act or any other applicable state or federal 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 registrant[1] is required to “conduct business in conformity with all . . . laws,” and shall conduct themselves “in a manner that will entitle them to the respect and confidence of the community,” and an “[a]buse of alcohol or drugs, use of an illegal controlled dangerous substance (CDS), or testing positive for such substance or its metabolite is a violation of registrant conduct.” OAC 535:25-7-3(a)-(c).
On February 21, 2025, Respondent was scheduled to work from 2:00 p.m. – 10:30 p.m. at a hospital pharmacy but due to a family emergency had stated he could not work his shift that day. However, at approximately 6:00 p.m. Respondent notified his employer that he was able to work the remainder of his shift and showed up to work around 7:11 p.m. At approximately 8:00 p.m. on February 21, 2025, hospital staff witnessed Respondent displaying unusual behavior. He was observed sweating, swaying, confused, and unable to answer questions. Hospital staff accompanied Respondent to the hospital emergency department where Respondent agreed to a voluntary drug and alcohol screening. Respondent’s drug screen was positive for Amphetamines/Methamphetamines. Respondent did not have a prescription for Amphetamines/Methamphetamines. Respondent’s shift on February 21, 2025, ended approximately thirty (30) minutes after his initial arrival. Respondent did not complete any assigned tasks during that shift. On March 7, 2025, Respondent was terminated from the hospital pharmacy. In an interview with the Board’s Compliance Officer, Respondent confirmed the events of February 21, 2025, as described.
After a hearing on August 13, 2025, the Board found clear and convincing evidence that Respondent was positive for Amphetamines/Methamphetamines without a prescription. The Board proposes revoking the Respondent’s Pharmacy Technician Permit (No. T-26238). Respondent may appear before the Board after August 13, 2030, to receive permission to reapply for a pharmacy technician permit pursuant to OAC 535:15-13-15.
The Board may reasonably believe the proposed action is necessary to “promote, preserve and protect the public health, safety and welfare by and through the effective control and regulation of the practice of pharmacy.” See 59 O.S. § 353(B). 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.