Singh v. Department of Professional Regulation

625 N.E.2d 656, 252 Ill. App. 3d 859, 192 Ill. Dec. 501
CourtAppellate Court of Illinois
DecidedAugust 9, 1993
Docket1-91-1019
StatusPublished
Cited by18 cases

This text of 625 N.E.2d 656 (Singh v. Department of Professional Regulation) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Singh v. Department of Professional Regulation, 625 N.E.2d 656, 252 Ill. App. 3d 859, 192 Ill. Dec. 501 (Ill. Ct. App. 1993).

Opinion

JUSTICE CAMPBELL

delivered the opinion of the court:

Plaintiffs Kamal Singh and Stone Park Drugs appeal an order of the circuit court of Cook County affirming an order of defendant Illinois Department of Professional Regulation (DPR) suspending Singh’s pharmacist license for a minimum of five years and suspending the pharmacy and controlled substances licenses of Stone Park Drugs for a minimum of two years.

The record on appeal indicates the following facts. On November 21, 1989, the DPR filed an administrative complaint against Kamal Singh and Stone Park Drugs. The complaint alleged that plaintiffs violated the Pharmacy Practice Act (HI. Rev. Stat. 1985, ch. Ill, par. 4001 et seq.), revised and recodified as the Pharmacy Practice Act of 1987 (111. Rev. Stat. 1987, ch. Ill, par. 4121 et seq.) and the Illinois-Controlled Substances Act (HI. Rev. Stat. 1985, ch. 56x/2, par. 1100 et seq.) by: (1) having overages and shortages of controlled substances; (2) failing to properly document sales of schedule V controlled substances; (3) failing to send properly completed schedule Y sale reports to the DPR; (4) allowing the dispensing of a prescription by a technician without a pharmacist on duty; and (5) failing to dispense Ritalin in good faith to six customers. Singh and Stone Park Drugs filed an answer generally denying the allegations.

On June 6, 1990, a hearing was held before Thomas Chiola, who acted both as the hearing officer for the State Board of Pharmacy of the DPR and as the controlled substances hearing officer.

During this hearing, Kamal Singh testified that he graduated from Texas Southern University in 1976 with a bachelor of science in pharmacy. He became registered as a pharmacist in Illinois in November 1976. After working in two hospitals and several retail stores, Singh became the sole shareholder of Stone Park Drugs in October 1981. Singh was also the pharmacist in charge of the pharmacy located in a comer of the retail store.

Michael Healy, a controlled substance inspector of the DPR, testified that on May 30, 1987, he went to Stone Park Drugs to review the pharmacy’s schedule II controlled substance prescription file. Healy indicated that as he entered the store at approximately 5:30 p.m., he observed a customer present a prescription to a man Healy identified as Kritipaul Anand, who was a licensed pharmacist’s technician employed by the store. According to Healy, the technician took a stock bottle of pills from behind the counter and poured out a quantity of pills. Mr. Anand asked the customer whether he wanted 50 pills, as indicated on the prescription, or a one-month supply. The customer, who Healy later identified as Mr. Lopez, indicated he preferred a one-month supply. Lopez asked Anand whether he should take a pill before or after breakfast. Anand responded that it did not matter, but that they should not be taken at night.

Healy further testified that he saw Anand affix a label to a second bottle. Anand handed the bottle to Lopez, who paid Anand and then left the store. Healy later determined that the prescription filled was for Dyazide, a noncontrolled substance. Healy identified himself to Anand. Upon learning that Anand was a technician, Healy spoke with Anand regarding the whereabouts of the pharmacist in charge. Anand told Healy that the pharmacist in charge had gone across the street for a bite to eat. Healy then conducted his review of the schedule II file. At approximately 6:07 p.m., Singh entered the store, identified himself to Healy and asked what had happened. Healy indicated that Anand was being placed under arrest for practicing pharmacy without a license. However, Healy did not file a complaint against Anand at that time. Singh testified that he prepared the prescription at issue before he left and Anand merely sold the pills to Lopez.

Charles Sauer, another DPR investigator, testified that he conducted an inspection of Stone Park Drugs on March 31, 1988. Sauer inspected the pharmacy’s schedule V controlled substance sales record book. The record book contained white original records of sales and yellow carbon copies for each original record. Sauer testified that the yellow carbon copies are supposed to be sent to the DPR by the 15th of the month following a sale. Sauer indicated that none of the copies had been sent in and that Singh admitted this to him during the inspection.

Singh testified that he told Sauer that he was unaware of the mailing requirement. Singh indicated that with one exception, he has complied with this requirement since the inspection.

Sauer testified that he also reviewed other records in the pharmacy, including the schedule II controlled substances prescription file. Sauer testified regarding Ritalin prescriptions filled for six persons. Copies of some of these prescriptions were introduced into the record; the hearing officer limited the number introduced in order to conform with the DPR’s complaint. The record indicates that between February 1986 and March 1988, the following Ritalin prescriptions were filled: (1) David Brown — 46 prescriptions written by 19 different doctors; (2) Edward Lake — eight prescriptions written by six different doctors; (3) James Reed — four prescriptions written by two different doctors; (4) Felton Brown — two prescriptions written by different doctors; (5) Marvin Duncan — two prescriptions written by different doctors; (6) Cyrita Sampson — two prescriptions written by different doctors.

John Kueter, after voir dire, was deemed qualified as an expert in community pharmacy in the Chicago area. Kueter characterized Ritalin as a central nervous system stimulant used to treat hyperkinetic children and narcolepsy in adults. Ritalin is classified as a schedule II controlled substance because its addictive nature creates a potential for abuse.

Kueter reviewed the Ritalin prescriptions obtained by Sauer and determined that Singh had dispensed the drug to the aforementioned six customers without good faith. Kueter testified that: David Brown’s prescriptions were written by 16 different doctors over a two-year period; David Brown listed at least 10 different addresses, all of which were more than 10 miles apart from each other; the addresses were often more than 10 miles from the addresses of both the doctor and the pharmacy; and the frequency of refills was excessive. For example, Kueter testified that in one month, David Brown presented four prescriptions from four different doctors and received 290 Ritalin tablets. Kueter testified that a normal monthly supply would be 90 tablets. Kueter testified that in another instance, David Brown had prescriptions filled two days in a row. In a third instance, David Brown presented two prescriptions filled by different doctors on the same date.

Kueter testified that the prescriptions for Felton Brown were filled without good faith. Kueter noted that Felton Brown listed different addresses, the prescriptions were written by different doctors and that the addresses of Felton Brown and the doctors were more than 10 miles apart and more than 10 miles from the pharmacy. Kueter further noted that the second prescription was filled before the first should have expired.

Kueter also testified that the prescriptions for Marvin Duncan were filled without good faith for reasons substantially similar to those given for the Felton Brown prescriptions.

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Bluebook (online)
625 N.E.2d 656, 252 Ill. App. 3d 859, 192 Ill. Dec. 501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/singh-v-department-of-professional-regulation-illappct-1993.