Alicia Douglas, Applicant - Arkansas State Board of Pharmacy

In the Matter ofAlicia Marie DouglasPage 2(Ark. Code Ann. § 16-93-301 et seq.) and was fined $550, which she will pay on aninstallment payment plan. The drug paraphernalia for which Applicant was prosecutedwere two small pipes commonly used for smoking marijuana and scales, all of whichwere located in her living room. Possession of drug paraphernalia is an offense under theControlled Substances Act, Ark. Code Ann. § 5-64-101 et seq.4. On or about May 27, 2004, Applicant submitted an application to theBoard to be registered as a pharmacy technician in which she disclosed that she had beencharged with or convicted of a criminal offense and that she had been convicted of aviolation of a drug law, but provided no documentation regarding any arrest or convictionas required by Board Regulation 11-00-0004. Subsequently, by letter of July 22, 2004,she disclosed that she had been charged with failure to appear; she did not disclose herguilty plea for failure to appear or for possession of drug paraphernalia. By letter ofAugust 2, 2004, Applicant gave an explanation of the facts leading to her guilty plea forpossession for drug paraphernalia.CONCLUSIONS OF LAW1. Pursuant to Ark. Code Ann. § 17-92-317(e)(3), a person who has pleadedguilty or has been found guilty of an offense under the Uniform Controlled SubstancesAct, § 5-64-101 et seq., is not eligible to be registered as a pharmacy technician,regardless of whether an adjudication of guilt, sentencing, or imposition of sentence iswithheld by the court. Provided, however, pursuant to Ark. Code Ann. § 17-92-317(g)and Board Regulation 11-00-0005, the Board may waive the foregoing prohibitionagainst registering a pharmacy technician.

In the Matter ofAlicia Marie DouglasPage 32. Applicant failed to comply with Board Regulation 11-00-0004((b) whichrequires an applicant with a conviction of or plea to an offense identified therein to causecertain documentation concerning the conviction/plea to be delivered to the board at thetime of application for licensure.ORDERIT IS THEREFORE ORDERED that Alicia Marie Douglas’ request for waiver ofher conviction of an offense under the Controlled Substance Act and to be registered as apharmacy technician is hereby denied.IT IS SO ORDERED this _____ day of October 2004..ARKANSAS STATE BOARDOF PHARMACYby: ______________________________________CHARLES CAMPBELL, PHARM. D.EXECUTIVE DIRECTOR