COMMONWEALTH OF MASSACHUSETTS SUFFOLK COUNTY BOARD OF REGISTRATION IN

commonwealth of massachusetts suffolk county board of registration in pharmacy in the matter of erick sousa pha-2014-0099 ph2

COMMONWEALTH OF MASSACHUSETTS
SUFFOLK COUNTY BOARD OF REGISTRATION IN
PHARMACY
In the Matter of
Erick Sousa PHA-2014-0099
PH26365
CONSENT AGREEMENT FOR VOLUNTARY SURRENDER
The Massachusetts Board of Registration in Pharmacy (“Board”) and
Erick Sousa (“Licensee”), a pharmacist licensed by the Board,
PHA26365, do hereby stipulate and agree that the following information
shall be entered into and become a permanent part of the Licensee’s
record maintained by the Board:
1.
The Licensee acknowledges that the Board opened a complaint
against his Massachusetts pharmacist license related to the
conduct set forth in Paragraph 2, identified as Docket No.
PHA-2014-0099 (“Complaint”).1
2.
The Board and Licensee acknowledge and agree that evidence exists
which if proven at hearing could demonstrate the following:
a.
Licensee diverted oxycodone for personal use from two pharmacies
where he worked as a pharmacist. Licensee did not have a valid
prescription for said oxycodone.
b.
While working as a pharmacist, Licensee removed oxycodone
tablets from new inventory shipments for his personal use and
recorded incorrect quantities of oxycodone in the pharmacy’s
inventory log books.
3.
The Board and Licensee acknowledge and agree that Licensee’s
conduct described in Paragraph 2 is grounds for discipline by the
Board pursuant to M.G.L. c. 112, § 61 and 247 CMR 10.03.
4.
The Board and Licensee acknowledge and agree that, based on the
conduct described Paragraph 2, Licensee’s continued or further
practices as a pharmacist presents an immediate and serious threat
to the public health, safety, or welfare warranting summary
suspension as set forth in 247 CMR 10.07.
5.
The Licensee agrees to SURRENDER his license for an indefinite
period of time and refrain from practicing as a pharmacist and
from working in any pharmacy related setting in Massachusetts,
commencing with the date on which the Board signs this Agreement
(“Effective Date”). The Licensee further agrees to immediately
return his original Massachusetts pharmacist registration to
Board.
6.
The Board may determine the terms and conditions for potential
reinstatement of Licensee’s pharmacist license following an
evaluation by and recommendation from the Massachusetts
Professional Recovery System (“MPRS”)
7.
The Board agrees that in return for the Licensee’s execution and
successful compliance with all the requirements of this Agreement,
the Board will not prosecute the Complaint.
8.
The Licensee understands that he has a right to formal
adjudicatory hearing concerning the Complaint and that during said
adjudication he would possess the right to confront and cross
examine witnesses, to call witnesses, to present evidence, to
testify on his own behalf, to contest the allegations, to present
oral argument, to appeal to the courts, and all other rights as
set forth in the Massachusetts Administrative Procedures Act,
M.G.L. c. 30A, and the Standard Adjudicatory Rules of Practice and
Procedure, 801 CMR 1.01 et seq. The Licensee further understands
that by executing this Agreement he is knowingly and voluntarily
waiving his right to a formal adjudication of the Complaint.
9. The Licensee acknowledges that he has been represented by legal
counsel in connection with Complaint and this Agreement.
10. The Licensee acknowledge that after the Effective Date, the
Agreement
constitutes a public record of disciplinary action by the Board
subject to the
Commonwealth of Massachusetts’s Public Records Law, M.G.L. c. 4, § 7.
The
Board may forward a copy of this Agreement to other licensing boards,
law
enforcement entities, and other individuals, or entities as required
or permitted by
law.
11.
The Licensee certifies that he has read this Agreement. The
Licensee understands
and agrees that entering into this Agreement is a voluntary and final
act and not
subject to reconsideration, appeal or judicial review.
Erick Sousa 5/16/14
David A. Sencabaugh, R. Ph.
Executive Director
Board of Registration in Pharmacy
5/22/14
Effective Date of Agreement
Fully Signed Agreement Sent to Licensee on 5/22/14 by
Certified Mail No. 7012 3460 0001 7331 3641
1 The term “license” applies to both a current license and the right
to renew an expired license.