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4 N.J.A.R. 489

Yanuzzi, Adolph, R.P., and D'Allegro's Pharmacy; Pharmacy, New Jersey State Board of v
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Citation: 4 N.J.A.R. 489
Decision Date: 1981
Synopsis: The Board of Pharmacy sought to suspend the respondent's regis- tered pharmacist's license along with the permit of the pharmacy he owned and operated. The administrative law judge found that respondent had dispensed expired mecications as well as sample medications not intended for sale. In addition, the judge found that an inspection of the pharmacy disclosed over 80 outdated legend drugs, medications not containing the manufacturer's label, medications which required refrigeration stored at room temperature, outdated reference texts, inadequate cus- tomer profile records and prescriptions for narcotic drugs which were misfiled. The judge concluded that all of these practices violated regulations promulgated by the Board of Pharmacy and that the respondent was engaged in conduct which constituted profesional misconduct, dishonesty, deception and misrepresentation. The judge determined that professional misconduct constituted any conduct which, if permitted to continue, would threaten the health or welfare of the public and that in this context dishonesty, deception and misrepresentation did not require a showing of intent. The judge, did, however, conclude that the Board had failed to Prove a violation of N.J.A.C. 13:39-9.6 by demonstrating that the respondent kept outdated reference works since the Board had never promulgated a rule requiring specific texts. Accordingly, the judge imposed a fine of $3,050 and orders the suspension of respondent's license for 30 days. Thomas H. Shar, Deputy Attorney General, for petitioner (James R. Zazzali, Attorney General of New Jersey, attorney) John A. Gonne!!a, Esq., for respondent