Rocklege Pharmacist Suspended For Filling Fake Oxycodone Rxs

ROCKLEDGE, Florida -- The Florida Department of Health has issued an emergency suspension of a Rockledge pharmacist, Lindsay Marie Wolfe, for allegedly filling fraudulent prescriptions for oxycodone in exchange for receiving some of the pills for herself.  Public records show that Wolfe has been a licensed pharmacist in Florida since 2009.

The investigation began when another CVS pharmacist informed CVS Regional Loss Prevention Manger that he received an anonymous telephone call during which the caller alleged that a CVS pharmacist and a CVS pharmacy technician were working together to fill fraudulent prescriptions for controlled substances. 


The caller told CVS that Ms. Wolfe and the pharmacy technician were working together to fill fraudulent prescriptions for controlled substances.  The caller stated that the tech recruited people to go to physicians' offices to obtain prescriptions for pain medication.  According to the caller, once the individuals obtained prescriptions, the tech contacted Ms. Wolfe and went to the CVS store where Ms. Wolfe was working to have the prescriptions filled.  The caller explained that, in exchange for filling the prescriptions, Ms. Wolfe would be given some of the pills from the prescription that was filled. 

The suspension states that Wolfe was employed at the following CVS pharmacies in Brevard and Indian River counties "at all times material to this Order":

5590 North Wickham Road
Melbourne, FL 32940 

Store #4686

15 East New Haven Avenue
Melbourne, FL 32901

Store #5439

1706 Us Highway 1
Vero Beach, FL 32960

Store#584

Store # 4328

 

 

The Florida Department of Health Emergency Suspension Order follows:

FINDINGS OF FACT

1.  The Department of Health ("Department") is the state agency charged with regulating the practice of pharmacy pursuant to Chapters 20, 456, and 465, Florida Statutes (2012). Section 456.073(8), Florida Statutes (2012), empowers the State Surgeon General to summarily suspend Ms. Wolfe's license to practice as a pharmacist in the State of Florida in accordance with Section 120.60(6), - Florida Statutes (2012). 

2.  At all times material to this Order, Ms. Wolfe was licensed to practice as a pharmacist in the State of Florida pursuant to Chapter 465, Florida Statutes (2012). 

3.  At all times material to this Order, Ms. Wolfe was employed as a pharmacist at CVS Pharmacy ("CVS") store numbers 4686, 5439, 4328, and 584. 

4.  On September 5, 2012, CVS pharmacist J.K. informed CVS Regional Loss Prevention Manger ("RLPM") D.C. that he received an anonymous telephone call during which the caller alleged that a pharmacist and pharmacy technician employed by CVS were working together to fill fraudulent prescriptions for controlled substances. When the anonymous caller called pharmacist J.K. with additional information that evening, the caller agreed to speak to RLPM D.C. The caller informed RLPM D.C. that Ms. Wolfe and pharmacy technician J.M. ("RPT J.M.") were working together to fill fraudulent prescriptions for controlled substances. The caller stated that RPT J.M. recruited people to go to physicians' offices to obtain prescriptions for pain medication. According to the caller, once the individuals obtained prescriptions, RPT J.M. contacted Ms. Wolfe and went to the CVS store where Ms. Wolfe was working to have the prescriptions filled. The caller explained that, in exchange for filling the prescriptions, Ms. Wolfe would be given some of the pills from the prescription that was filled.

5.  On September 14, 2012, RLPM D.C. went to CVS store number 4686, Ms. Wolfe's primary location, to investigate the allegations made by the anonymous caller. RLPM D.C. reviewed the pharmacy's oxycodone records as part of his investigation. The last entry on the page for oxycodone 30 mg was dated September 12, 2012, and it indicated that a patient with the initials J.M. ("Patient J.M.") received 150 pills of oxycodone 30 mg. A review of the corresponding prescription revealed that the prescription was written in the name of RPT J.M.; however, the label on the back of the prescription used the name of Patient J.M. The last name of Patient J.M. differs from RPT J.M.'s name by one letter. The address on the prescription was also different than the address on the label on the back of the prescription. Subsequent investigation revealed that Patient J.M. is not an actual person and that the pharmacy's patient profile for Patient J.M. was fabricated by Ms. Wolfe as part of an attempt to hide the fact that Ms. Wolfe was dispensing medications to RPT J.M. 

6.  Oxycodone is commonly prescribed to treat pain. According to Section 893.03(2), Florida Statutes (2011-2012), oxycodone is a Schedule II controlled substance that has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States. Abuse of oxycodone may lead to severe psychological or physical abuse. 

7.  A review of the fictitious pharmacy profile for Patient J.M. revealed that a total of five prescriptions were filled at CVS under the name Patient J.M. Four prescriptions were filled at CVS store number 4686 and one prescription was filled at CVS store number 584. Each prescription was written in the name of RPT J.M., but the label attached to the back of each prescription was in the name of Patient J.M. Additionally, the address and date of birth on the prescriptions issued in the name RPT J.M. do not match the address and date of birth in the pharmacy's profile for Patient J.M. The label on the back of each prescription identified Ms. Wolfe as the dispensing pharmacist. 

8.  In total, RPT J.M. presented four prescriptions for 150 pills of oxycodone 30 mg each and one prescription for 60 pills of morphine 30 mg to Ms. Wolfe between May 2012 and September 2012. Each prescription was written to RPT J.M., with a date of birth of August 20, 1989, and an address in Rockledge, Florida. Medication was dispensed pursuant to each prescription by Ms. Wolfe with a label and pharmacy profile with the name Patient J.M., with a date of birth of August 21, 1988, and an address in Cocoa, Florida. 

9.  Morphine is prescribed to treat pain. According to Section 893.03(2), Florida Statutes (2011-2012), morphine is a Schedule II controlled substance that has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States. Abuse of morphine may lead to severe psychological or physical dependence.

10.  On September 21, 2012, RLPM D.C. interviewed Ms. Wolfe regarding the allegations of the anonymous caller and the information discovered during his September 14, 2012, investigation. Following the interview, Ms. Wolfe provided RLPM D.C. a signed written statement. In her written statement - Ms. Wolfe admitted that she dispensed medications to RPT J.M. and two others, O.N. and T.N., pursuant to prescriptions she knew were not issued for a legitimate medical purpose. Ms. Wolfe explained to RLPM D.C. that RPT J.M. asked Ms. Wolfe to fill prescriptions for her because getting medications from the local independent pharmacy was too expensive. Ms. Wolfe explained that she hesitated to fill prescriptions for RPT J.M. for a couple months, but agreed to do so after RPT J.M. agreed to give her a few pills in exchange for her assistance. In total, Ms. Wolfe estimated that she was given 30 tablets of Fioricet and 10 tablets of Percocet 5/325 mg in exchange for filling prescriptions for RPT J.M., O.N., and T.N. Ms. Wolfe further explained to RLPM D.C. that she created a fake patient profile, using the name Patient J.M., because RPT J.M. did not want anyone at CVS to know she was receiving the medications. 

11.  Fioricet is the brand name for a drug that contains butalbital and is commonly prescribed to treat migraine headaches. According to Section 893.03(3), Florida Statutes (2011-2012), butalbital is a Schedule III controlled substance that has a potential for abuse less than the substances in Schedules I and II and has a currently accepted medical use in treatment in the United States. Abuse of butalbital may lead to moderate or low physical dependence or high psychological dependence. 

12. Percocet is the brand name for a drug that contains oxycodone and is prescribed to treat pain. 

13.  O.N. presented a total of four prescriptions, each for 90 pills of oxycodone 30 mg, to Ms. Wolfe between April 2012, and July 2012. The label on the back of each of these four prescriptions shows that Ms. Wolfe was the dispensing pharmacist. At the time Ms. Wolfe filled these prescriptions, she knew they were not legitimate.

14.  T.N. presented a total of four prescriptions to Ms. Wolfe between April 2012, and May 2012. Two of the prescriptions were for 120 pills of oxycodone 30 mg each and two of the prescriptions were for 30 pills of morphine 30 mg each. The label on the back of each of these four prescriptions shows that Ms. Wolfe was the dispensing pharmacist. At the time Ms. Wolfe filled these prescriptions, she knew they were not legitimate. -

15.  A pharmacist licensed in the State of Florida is one of a small number of licensed professionals allowed to dispense controlled substances. The Legislature has vested a trust and confidence in these licensed professionals by permitting them to dispense drugs with a high potential for abuse and harm. Inappropriate dispensing of highly addictive controlled substances to persons who do not have legitimate prescriptions for those substances presents a danger to the public health, safety, and welfare, and does not correspond to that level of professional conduct expected of one licensed to practice pharmacy in this state. Ms. Wolfe acted with indifference to the health of the public by dispensing highly addictive drugs to persons whom she knew did not have prescriptions issued for a legitimate medical purpose. 

16.  Inappropriate distribution of addictive controlled substances presents a danger to the public health, safety, and welfare. Ms. Wolfe's lack of good moral character and her willingness to use her pharmacist license to facilitate the distribution of drugs in violation of state law demonstrate that Ms. Wolfe is unwilling to practice pharmacy within the confines of the law. 

17. Illegal activity by a pharmacist necessarily affects that pharmacist's ability to practice pharmacy as a pharmacist's professional judgment and ethical standards are all implicated in these activities. Ms. Wolfe's willingness to knowingly dispense controlled substances to persons without a legitimate medical purpose demonstrates a lack of the good moral character required for licensure as a pharmacist in the State of Florida. 

18. Ms. Wolfe's willingness to dispense controlled substances to persons without a legitimate medical need demonstrates her reckless disregard for the laws of this state, as well as the safety of the public. Ms. Wolfe agreed to create a fake patient profile for RPT J.M. and to dispense controlled substances to RPT J.M. and her friends without a legitimate medical purpose in exchange for controlled substances. The number of times Ms. Wolfe knowingly dispensed controlled substances to persons who did not have a valid prescription for those medications indicates that Ms. Wolfe is likely to continue in this unlawful activity unless her license is suspended. 

19. An emergency order merely restricting Ms. Wolfe's license to practice as a pharmacist would not be sufficient to protect the public because allowing Ms. Wolfe to continue to practice pharmacy in any manner - even a limited one - would allow Ms. Wolfe to have access to controlled substances which she could continue to distribute illegally. Nothing short of the immediate suspension of Ms. Wolfe's license will ensure the protection of the public from her continued practice.

CONCLUSIONS OF LAW

Based on the foregoing Findings of Fact, the State Surgeon General concludes as follows:

1. The State Surgeon General has jurisdiction over this matter pursuant to Sections 20.43 and 456.073(8), Florida Statutes (2012), and Chapter 465, Florida Statutes (2012). 

2. Section 120.60(6), Florida Statutes (2012), provides that the State Surgeon General is authorized to suspend or restrict a pharmacist's license upon a finding that the pharmacist presents an immediate, serious danger to the public health, safety, or welfare. 

3. Section 465.016(1)(r), Florida Statutes (2011-2012), subjects a pharmacist to discipline, including suspension, for violating any provision of Chapters 456 or 465, Florida Statutes, or any rules adopted pursuant thereto.

4. Rule 64B16-27.831(1), Florida Administrative Code, states that an "order purporting to be a prescription that is not issued for a legitimate medial purpose is not a prescription and the pharmacist knowingly filling such purported prescription shall be subject to penalties for violations of the law." 

5. Ms. Wolfe violated Section 465.016(1)(r), Florida Statutes (2011-2012), by violating Rule 64B16-27.831(1), Florida Administrative Code, by knowingly dispensing medications to J.M., T.N., and O.N. pursuant to prescriptions which were not issued for a legitimate medical purpose.

6. Section 465.016(1)(j), Florida Statutes (2011-2012), subjects a pharmacist to discipline, including suspension, for making or filing a report or record which the licensee knows to be false. Such reports or records include only those which the licensee is required to make or file in her capacity as a licensed pharmacist. 

7. Rule 64B16-27.800, Florida Administrative Code, states that a patient record system shall be maintained by a pharmacist for patients to whom new or refill prescriptions are dispensed. The Rule requires the pharmacist to ensure that a reasonable effort is made to obtain, record, and maintain certain information, including the patient's full name, address, telephone number, age or date of birth, and gender; all prescriptions the patient obtained at the pharmacy during the preceding two years; and any pharmacist comments relevant to the patient's drug therapy. 

8. Ms. Wolfe violated Section 465.016(1)(j), Florida Statutes (2011-2012), by knowingly creating a false patient profile for J.M. 

9. Section 465.016(1)(i), Florida Statutes (2011-2012), subjects a pharmacist to discipline, including suspension, for dispensing a legend drug, including any controlled substance, other than in the course of the professional practice of pharmacy. 

10. Ms. Wolfe violated Section 465.016(1)(i), Florida Statutes (2011-2012), by knowingly dispensing medications to J.M., T.N., and O.N. pursuant to prescriptions which were not issued for a legitimate medical purpose. 

11. Ms. Wolfe's continued practice as a pharmacist constitutes an immediate, serious danger to the health, safety, or welfare of the public and this summary procedure is fair under the circumstances to adequately protect the public. 

WHEREFORE, in accordance with Section 120.60(6), Florida Statutes (2012), it is ORDERED THAT:

1. The license of Lindsay Marie Wolfe, R.Ph., license number PS 45441, is hereby immediately suspended. 

2. A proceeding seeking formal suspension or discipline of the license of Lindsay Marie Wolfe, R.Ph., to practice as a pharmacist will be promptly instituted and acted upon in compliance with Section 120.569 and 120.60(6), Florida Statutes (2012).