TEMPORARY SUSPENSION ORDER #A-1 7-004-Sl

RE: IN THE MATTER OF FELIPE JAIME PENA (PHARMACIST LICENSE #55984)

BEFORE THE TEXAS STATE BOARD OF PHARMACY

On this day came on to be considered by the Disciplinary Panel ofthe Texas State Board

of Pharmacy (Board) the matter of the Petition for Temporary Suspension of pharmacist license

number 55984, issued to Felipe Jaime Pena (Respondent), pursuant to § 565.059 of the Texas

Pharmacy Act (Pharmacy Act), TEX. Occ. CODE ANN., Title 3, Subtitle J.

Respondent appeared and was not represented by counsel. Caroline Hotchkiss

represented Board staff. Kerstin Arnold served as General Counsel to the Disciplinary Panel.

The following Board members served as the Disciplinary Panel: Jeanne D. Waggener, R.Ph.;

Dennis F. Wiesner, R.Ph.; and Jenny Downing Yoakum, R.Ph.

The Disciplinary Panel determines that Respondent, by continuation in practice, would

constitute a continuing threat to the public welfare, and that pharmacist license number 55984

issued to Respondent shall be temporarily suspended in accordance with § 565.059 of the

Pharmacy Act. The Disciplinary Panel makes this finding based on the following evidence

and/or information presented at the October 7, 2016, Hearing on Temporary Suspension of

License of Respondent:

1. On or about November 13, 2014, Respondent was issued Texas pharmacist license number 55984.

2. Respondent's Texas pharmacist license was in full force and effect at all times and dates material and relevant to this Order.

3. As of the date of this Order, Respondent is the pharmacist-in-charge and a pharmacist of DR Pharmacy as described below in the Allegations, beginning on July 18, 2016.

4. A pharmacist-in-charge is has responsibility for the practice of pharmacy at the pharmacy for which he is the pharmacist-in-charge, including legally operating the pharmacy in

Temporary Suspension Order #A-17-004-SJ Felipe Jaime Pena Pagel

accordance with all state and federal laws or sections governing the practice ofphannacy. A pharmacist is responsible for complying with all state and federal laws and rules governing the practice of pharmacy while on duty.

5. Respondent's Texas pharmacist license is current through May 31,2018.

6. On or about December 3, 2014, a Board compliance officer conducted an inspection of DR Pharmacy. The compliance officer verbally directed and documented on the inspection form that the pharmacy was advised to address corresponding responsibility, in particular for dispensing practices related to dispensing prescriptions for Houston cocktail and cocktail-like prescriptions to ensure dispensing for a valid medical need.

7. Between on or about January 4, 2016, and August 3, 2016, DR Pharmacy, Ms. Webster, Mr. Dunn, and Respondent dispensed controlled substances and dangerous drugs to patients in repeated patterns that demonstrate a lack of regard for adhering to professional and community standards for practicing corresponding responsibility in dispensing controlled substances. Ms. Webster, Mr. Dunn, and Respondent should have known the prescriptions dispensed during this time period were invalid, i.e. not issued for a legitimate therapeutic purpose or medical need and/or prescription forgeries, due to the following prescription red flags factors: a. A disproportionate number of patients of the pharmacy receiving the following

controlled substances1: carisoprodol 350 mg, hydrocodone/APAP 10/325 mg,

promethazine with codeine 6.25 mg-1 0 mg/Sml, and oxycodone 30 mg; b. Consistent large quantities of the above-listed controlled substances dispensed to

the patients; c. The manner in which the prescriptions for the above-listed controlled substances

was received by the pharmacy was written, as opposed to electronically transmitted;

d. The geographic distance between the practitioners and the patients or between the pharmacy and patients, including patients from around the Houston metropolitan area and other Texas cities. In addition, on a routine basis throughout this time period, patients are dispensed prescriptions in groups of two or more with prescriptions from the same prescriber for the same or similar drugs on the same day;

e. A large number of prescriptions issued on a daily basis by the practitioners, of which 40% of the total prescriptions dispensed during this time period were issued by prescribers from two unregistered pain clinics2

, and f. An additional 17% of the total prescriptions dispensed during this time period,

which includes approximately two hundred and fifty prescriptions for promethazine with codeine and fourteen prescriptions for oxycodone 30 mg, were not authorized by the purported prescriber.3

10fthe approximate 3,228 total prescriptions dispensed by DR Pharmacy from January 4, 2016, to August 3, 2016, approximately one-half(l,593 prescriptions) were for carisoprodol, hydrocodone/APAP 10/325, promethazine with codeine, and oxycodone 30. Ms. Webster's initials "RW," is recorded as the dispensing phannacist of 1,405 prescriptions (approximately 43% of the total prescriptions); Mr. Dunn's initials "TBD" or "TO" is recorded as the

Temporary Suspension Order #A-17-004-Sl Felipe Jaime Pena Page3

dispensing phannncist of I ,343 prescriptions (approximately 41% of the total prescriptions) and Respondent's initials "FP" is recorded as the dispensing pharmacist of 120. 2Gazelle Craig, DO, or her delegates, is associated with Gulfton Community Health Clinic, 6306 Gulfton St., Houston, Texas 77081, which prescribed approximately 30% ofthe dispensed prescriptions (983 of3,228 prescriptions), and was not a registered pain management clinic. In addition, Waleed Khan, MD, or his delegates, is associated with 5101 Avenue H, Rosenberg, Texas 77471, which prescribed approximately 10% of the dispensed r,rescriptions (320 of3,228 prescriptions), and was not a registered pain management clinic. Parvez Fatteh, MD, provided a statement to a Board investigator, in which he states that he resided in California at

all times relevant to did not practice in Texas and did not authorize any prescription for a patient in Texas. Prescriptions purportedly prescribed by Dr. Fatteh are approximately 10% of the dispensed prescriptions (330 of 3,228 prescriptions). An additional 7% of the total3,228 prescriptions were not authorized by Nagaprassadaro Mummaneni, MD, (125 prescriptions); Kerry McCarroll, MD (93 prescriptions); and Rodney Simonsen, MD (8 prescriptions). Drs. Mummaneni, McCarroll, and Simonsen have stated that they did not authorize the prescriptions purportedly issued by them.

Subsequent to any proceedings involving the conduct described above, the Board may

take additional disciplinary action on any criminal action taken by the criminal justice system

based on the same conduct described in the allegations above. However, Respondent shall be

provided all rights of due process should the Board initiate such disciplinary action subsequent to

the conclusion of the criminal proceedings.

ORDER OF THE BOARD

THEREFORE, PREMISES CONSIDERED, the Board does hereby ORDER that:

(1) Pharmacist license number 55984 held by Respondent shall be, and such license is hereby temporarily suspended. Said suspension shall be effective immediately and shall continue in effect, pending a contested case hearing on disciplinary action against the suspended license to be held at the State Office of Administrative Hearings not later than ninety (90) days after the date of this Order. During the period of suspension, Respondent shall:

(a) not practice pharmacy in this state or be employed in any manner requiring a license with the Board or allowing access to prescription drugs in a pharmacy during the period of suspension; and

(b) surrender to the Board said license and any renewal certificate and personal identification card pertaining to said license number as specified by Board staff.

(2) Respondent shall allow Board staff to directly contact Respondent on any matter regarding the enforcement of this Order.

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(3) Failure to comply with any of the requirements in this Order constitutes a violation and shall be grounds for further disciplinary action. The requirements of this Order are subject to the Texas Phannacy Act, TEX. Occ. CODE ANN., Title 3, Subtitle J (2015), and Texas Phannacy Board Rules, 22 TEX. ADMIN. CODE (20 16).

Temporary Suspension Order #A-17-004-SJ Felipe Jaime Pena PageS

Passed and approved at the Temporary Suspension Hearing of the Disciplinary Panel of the Texas State Board ofPharmacy on the 7th day of October 2016 .

And it is so ORDERED.

THIS ORDER IS A PUBLIC RECORD.

SIGNED AND ENTERED ON THIS 7th day of_~O~ct::.:.ob~e::.:..r---J~2:..:::0~16:::......._.

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