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BEFORE THEBOARD OF PHARMACYDEPARTMENT OF CONSUMER AFFAIRSSTATE OF CALIFORNIAIn the Matter of the Statement of IssuesAgainst:Case No. 6561OMNI FAMILY HEALTH, FRANCISCOCASTILLON, CEO/ADMINISTRATORClinic Permit ApplicantRespondent.DECISION AND ORDERThe attached Stipulated Settlement and Disciplinary Order for Public Reproval is herebyadopted by the Board of Pharmacy, Department of Consumer Affairs, as its Decision in thismatter.This Decision shall become effective at 5:00 p.m. on December 18, 2019.It is so ORDERED on November 18, 2019.BOARD OF PHARMACYDEPARTMENT OF CONSUMER AFFAIRSSTATE OF CALIFORNIAByGreg LippeBoard President
1XAVIER BECERRAAttorney General of California2ARMANDO ZAMBRANO3KEVINSupervising Deputy Attorney General456J.SCHETTIGDeputy Attorney GeneralState Bar No. 234240300 So. Spring Street, Suite 1702Los Angeles, CA 90013Telephone: (213) 269-6272Facsimile: (213) 897-2804Attorneys for Complainant78BEFORE THEBOARD OF PHARMACYDEPARTMENT OF CONSUMER AFFAIRSSTATE OF CALIFORNIA91011121314In the Matter of the Statement of IssuesAgainst:Case No. 6561OMNI FAMILY HEALTH, FRANCISCOCASTILLON, CEO/ADMINISTRATORSTIPULATED SETTLEMENT ANDDISCIPLINARY ORDER FOR PUBLICREPROVALClinic Permit Applicant[Bus. & Prof. Code § 495]1516Respondent.171819202122IT IS HEREBY STIPULATED AND AGREED by and between the parties to the aboveentitled proceedings that the following matters are true:PARTIES231.24Anne Sodergren ("Complainant") is the Interim Executive Officer of the Board of25Pharmacy ("Board"). She brought this action solely in her official capacity and is represented in26this matter by Xavier Becerra, Attorney General of the State of California, by Kevin J. Schettig,27Deputy Attorney General.28///1STIPULATED SETTLEMENT & DISCIPLINARY ORDER FOR PUBLIC REPROVAL (6561)
12.Respondent Omni Family Health, Francisco Castillon, CEO/Administrator2("Respondent") is represented in this proceeding by attorney Gabriel P. Herrera, Esq., whose3address is: Kronick, Moskovitz, Tiedemann, & Girard, 400 Capitol Mall, 27 th Floor, Sacramento,4California, 95814.JURISDICTION563.On or about March 15, 2018, the Board received an application for a Clinic Permit7from Respondent. On or about July 3, 2018, the Board received a revised application adding8Joseph Hayes, M.D., as Respondent's Chief Medical Officer. On or about March 9, 2018, and9July 2, 2018, Omni Family Health certified under penalty of perjury to the truthfulness of all10statements, answers, and representations in the application. The Board denied the application on11July 18, 2018. Respondent timely requested a hearing with respect to the denial.124.Statement oflssues No. 6561 was filed before the Board, Department of Consumer13Affairs and is currently pending against Respondent. The Statement of Issues and all other14statutorily required documents were properly served on Respondent on November 28, 2018. A15copy of Statement oflssues No. 6561 is attached as Exhibit A and incorporated herein by16reference.ADVISEMENT AND WAIVERS17185.Respondent has carefully read, fully discussed with counsel, and understands the19charges and allegations in Statement oflssues No. 6561. Respondent has also carefully read,20fully discussed with counsel, and understands the effects of this Stipulated Settlement and21Disciplinary Order for Public Reproval.226.Respondent is fully aware of its legal rights in this matter, including the right to a23hearing on the charges and allegations in the Statement of Issues; the right to be represented by24counsel at its own expense; the right to confront and cross-examine the witnesses against them;25the right to present evidence and to testify on its own behalf; the right to the issuance of26subpoenas to compel the attendance of witnesses and the production of documents; the right to27reconsideration and court review of an adverse decision; and all other rights accorded by the28California Administrative Procedure Act and other applicable laws.2STIPULATED SETTLEMENT & DISCIPLINARY ORDER FOR PUBLIC REPROVAL (6561)
127.Respondent voluntarily, knowingly, and intelligently waives and gives up each andevery right set forth above.3CULP ABILITY48.5Issues No. 6561.679.Respondent admits the truth of each and every charge and allegation in Statement ofRespondent agrees that its application for a Clinic Permit is subject to denial, andagrees to be bound by the Disciplinary Order below.89CONTINGENCY10.This stipulation shall be subject to approval by the Board of Pharmacy. Respondent1Ounderstands and agrees that counsel for Complainant and the staff of the Board of Pharmacy may11communicate directly with the Board regarding this stipulation and settlement, without notice to12or participation by Respondent or its counsel. By signing the stipulation, Respondent understands13and agrees that they may not withdraw its agreement or seek to rescind the stipulation prior to the/14time the Board considers and acts upon it. If the Board fails to adopt this stipulation as its15Decision and Order, the Stipulated Settlement and Disciplinary Order for Public Reproval shall16be of no force or effect, except for this paragraph, it shall be inadmissible in any legal action17between the parties, and the Board shall not be disqualified from further action by having18considered this matter.1911.The parties understand and agree that Portable Document Format ("PDF") and20facsimile copies of this Stipulated Settlement and Disciplinary Order for Public Reproval,21including PDF and facsimile signatures thereto, shall have the same force and effect as the22originals.2312.This Stipulated Settlement and Disciplinary Order for Public Reproval is intended by24the parties to be an integrated writing representing the complete, final, and exclusive embodiment25of their agreement. It supersedes any and all prior or contemporaneous agreements,26understandings, discussions, negotiations, and commitments (written or oral). This Stipulated27Settlement and Disciplinary Order for Public Reproval may not be altered, amended, modified,283STIPULATED SETTLEMENT & DISCIPLINARY ORDER FOR PUBLIC REPROV AL ( 6561)
supplemented, or otherwise changed except by a writing executed by an authorized representative23of etich of the parties.13.4the Board may, without further notice or formal proceeding, issue and enter the following5Disciplinary Order:67IHSCIPUNARY ORDERIT IS HEREBY ORDERED that the Application for Li censure of Respondent Omni Family8Health, Francisco Castillon, CEO/Administrator is hereby granted. Upon successful completion()of the Ii censure examination and all other licensing requirements, a license shall be issued toJOJIn consideration of the foregoing admissions and stipulations, the parties agree thatl12Ri::spondent. Said license shall be publicly reproved by the Board of Pharmacy under Businessand Professions Code section 495 in resolution of Statement of Issues No. 6561, attached asExhibit A.13ACCEPTANCE14I have carefully read the above Stipulated Settlement and Disciplinary Order for Public15Reproval and have fully discussed it with my attomey, Gabriel P. Herrera. I understand theI6stipulation and the effect it will have on my Clinic Permit. I enter into this Stipulated Settlement17and Disciplinary Order for Public Reproval voluntarily, knowingly, and intelligently, and agree toI8be bound by the Decision and Order of the Board of Pharmacy.1920DATED:2122232425l have read and Cully discussed with Respondent Omni Family Health, Francisco Castillon,CEO/Administrator the terms and conditions and other matters contained in the above StipulatedSettlement and Disciplinary Order for Public Reproval. I approve its form and content.262728DATED:GABRIEL P. HERRERAAttorney.for Respondent4STIPlJI.A'I'l::r) SETTLEMENT & DISCIPLINARY ORDER FOR PUBLIC REPROVAL (6561)
ENDORSEMENT12The foregoing Stipulated Settlement and Disciplinary Order for Public Reproval is hereby3respectfully submitted for consideration by the Board of Pharmacy of the Department of4Consumer Affairs.5Dated:6 /:uIr iRespectfully submitted,XAVIER BECERRA7Attorney General of CaliforniaARMANDO ZAMBRANO8Supervising De t y ) A r a l910 C.J. SCHETTIGDeputy Attorney GeneralAttorneys for x161718192021222324252627285STIPULATED SETTLEMENT & DISCIPLINARY ORDER FOR PUBLIC REPROV AL (6561)
Exhibit AStatement of Issues No. 6561
1XAVIBR BECERRA2LINDAL. SUN34567Attorney General of CaliforniaSupervising Deputy Attorney GeneralSTEPHEND, SVETICHDeputy Attorney GeneralStateBm·No. 272370300 So. Spring Street, Suite 1702Los Angeles, CA 90013Telephone: (213) 269 6306Facsimile: (213) 897 2804E mail: Stephen. Svetich@doj.ca.govAttorneys for Complainant8BEFORE THEBOARD OF PHARMACYDEPARTMENT OF CONSUMER AFFAIRSSTATE OF CALIFORNIA9101112In the Matter of the Statement o:flssuesAgainst:13Case No. 65611415OMNI li'AMILY HEALTH, FRANCISCOCASTILLON, CEO/ADMINISTRATOR16Clinic Permit ApplicantSTATEMENT OF ISSUESRespondents.1718Complainant alleges:19201,Virginia Herold ("Complainant") brings this Statement oflssues solely in her official21capacity as the Executive Officer of the Board of Pharmacy (the "Board"), Department of22Consumer Affairs.232.2425On or about March 15, 2018, the Board, Department of Consumer Affairs, receivedan application for a Clinic Permit from Omni Family Health, Francisco Castillon,CEO/Administrator ("Respondent"), 1 On or about July 3, 2018, the Board received a revised262728111Respondent was initially incorporated as National Health Services, Inc," on or about January 9,1978, On or about June 12, 2013, Respondent submitted a request to the California Secretary ofState to change its name from "National Health Services, Inc," to "Omni Family Health,"1STATEMENT OF ISSUESBoard of Pharmacy Case No, 6561
,,1application adding Joseph Hayes, M.D., as Respondent's Chief Medical Officer, On or about2March 9, 2018, and July 2, 2018, Onmi Family Health certified under penalty of perjury to the3truthf-tilness of all statements, answers, and representations in the application. The Board denied4the application on July 18, 2018.3.5On or about July 12, 2004, the Board of Pharmacy issued Pharmacy Permit Number6PHY 46792 to Respondent, The Pharmacy Permit was in full force and effect at all times7relevant to the charges brought herein but expired8Tadeus B, Tarmidi is and has been the Pharmacist-in-Charge since July 1, 2005, Francisco9Castillon is and has been the Chief Executive Officer since January 3, 2011. John Ogborn and011July 1, 2017 and has not been renewed.10Julien Parsons are and have been Chairmen since July 12, 2004, Ruby Payne and Novira Irawan11are and have been Treasurer/Chief Financial Officers since July, 12, 2004. Tommy Fowler is and12has been the Secretary since July 12, 2004,13JUIUSDICTION144.This Statement of Issues is brought before the Board, Department of Consumer15Affairs, under the. authority of the following laws. All section references are to the Business and16Professions Code unless otherwise indicated.175.18"(a) A board may deny a license regulated by this code on the grounds that the applicant19Section 480 of the Code states:has one of the following:20"21"(3) (A) Done any act that if done by a licentiate of the business or profession in question, ·22would be grounds for suspension or revocation of license.23'\d) A board may deny a license regulated by this code on the ground that the applicant24knowingly made a false statement of fact that is required to be revealed in the application for the25license.''266.Section 4300 provides, in pertinent part, that every license issued by the Board is27subject to discipline, including suspension or revocation,28///2STATEMENT OF ISSUESBoard of Pharmacy Case No. 6561
Section 4300.1 of the Code states:17.2"The expiration, cancellation, forfeiture, or suspension of a board-issued license by3operation of law or by order or decision of the board or a court of law, the placement of a license4on a retired status, or the voluntary surrender of a license by a licensee shall not deprive the board5ofjurisdiction to commence or proceed with any investigation of, or action or disciplinary6proceeding against, the licensee or to render a decision suspending or revoking the license."78,8"(a) Any person who has been denied a license or whose license has been revoked or is9Section 4307, subdivision (a), states:tmder suspension, or who has failed to renew his or her license while it was under suspension, or1Owho has been a manager, administrator, owner, member, officer, director, associate, partner, or11any other person with management or control of any partnership, corporation, trust, firm, or12association whose application for a license has been denied or revoked, is under suspension or has13been placed on probation, and while acting as the manager, administrator, owner, member,14officer, director, associate, partner, or any other person with management or control had15knowledge of or lmowingly.participated in any conduct for which the license was denied,16revoked, suspended, or placed on probation, shall be prohibited from serving as a manager,17administrator, owner, member, officer, director, associate, partner, or in any other position with18management or control of a licensee as follows:19202122"(l) Where a probationary license is issued or where an existing license is placed onprobation, this prohibition shall remain in effect for a period not to exceed five years."(2) Where the license is denied or revoked, the prohibition shall continue until the licenseis issued or reinstated,"23STATUTORY REFERENCESSection 4301 of the Code states, in pertinent part:249.25"The board shall talce action against any holder of a license who is guilty of unprofessional26conduct or whose license has been issued by mistake. Unprofessional conduct shall include, but is27not limited to, any of the following:283STATEMENT OF ISSUESBoard of Pharmacy Case No. 6561
12"(j) The violation of any of the statutes of this state, or any other state, or of the UnitedStates regulating controlled substances and dangerous drugs,3"4"(o) Violating or attempting to violate, dil'ectly or indirectly, or assisting in or abetting the5violation of or conspiring to violate any provision or term of this chapter or of the applicable6federal and state laws and regulations governing pharmacy, including regulations established by7the board or by any other state or federal regulatory agency,"810.Section 4081 of the Code states:9"(a) All records of manufacture and of sale, acquisition, or disposition of dangerous drugs1oor dangerous devices shall be at all times dming business hours open to inspection by authorized11officers of the law, and shall be preserved for at least three years fro.m the date of making. A12current inventory shall be kept by every manufacturer, wholesaler, pharmacy, veterinary13foodwanimal drug retailer, physician, dentist, podiatrist, veterinarian, laboratory, clinic, hospital,14institution, or establishment holding a currently valid and umevoked certificate, license, permit,15registration, or exemption under Division 2 (commencing with Section 1200) of the Health and16Safety Code or under Part 4 (commencing with Section 16000) of Division 9 of the Welfare and17Institutions Code who maintains a stock of dangerous drugs or dangerous devices,18"(b) The owner, officer, and partner ofany pharmacy, wholesaler, or veterinary19foodwanimal drug retailer shall be jointly responsible, with the phannacistwinwcharge or20representativewin-charge, for maintaining the records and inventory described in this section.21'\c) The pharmacist-in-charge or representative-inwcharge shall not be criminally22responsible for acts of the owner, officer, partner, or employee that violate this section and of23which the pharmacistwin-charge or representativewin charge had no knowledge, or in which he or24she did not knowingly participate.''2511.26"No prescription for any dangerous drug or dangerous device may be refilled except upon27Section 4063 states:authorization of the prescriber. The authorization may be given orally or at the time of giving the284STATEMENT OF ISSUESBoard of Pharmacy Case No. 6561
,,1original prescription, No prescription for any dangerous drug that is a controlled substance may2be designated refillable as needed,"312.4"(a) The prescription forms for controlled substances shall be printed with the following5Health and Safety Code section 11162.1 states:features:6"(l) A latent, repetitive 'void' pattern shall be printed across the entire front of the7prescdption blank; if a prescription is scanned or photocopied, the word 'void' shall appear in a8pattern across the entire front of the prescription.910"(2) A watermark shall be printed on the backside of the prescription blank; the watermarkshall consist of the words 'California Security Prescription.'11"(3) A chemical void protection that prevents alteration by chemical washing.12"(4) A feature printed in thermochromic ink.13'.'( 5) An area of opaque writing so that the writing disappears if the prescription is lightened.14"(6) A description of the security features included 011 each prescription form.15"(7)(A) Six quantity check off boxes shall be printed on the form so that the prescriber may16indicate the quantity by checking the applicable box where the following quantities shall appear:17"l -2418"25-4920"75-10021"101-15022"151 and over.23"(B) In conjunction with the quantity boxes, a space shall be provided to designate the2425262728imits referenced in the quantity boxes when the drug is not in tablet or capsule form."(8) Prescription blanks shall contain a statement printed on the bottom of the prescriptionblank that the 'Prescription is void if the number of drugs prescribed is not noted.'"(9) The preprinted name, category of licensure, license mm1ber, federal contr lledsubstance registration number, and address of the prescribing practitioner.5STATEMENT OF ISSUESBoard of Pharmacy Case No. 6561
,,,12"(10) Check boxes shall be printed on the form so that the prescriber may indicate thenumber ofrefills ordered.3"(11) The date of origin of the prescription.4"(12) A check box indicating the prescriber's order not to substitute.5"(13) An identifying number assigned to the approved security printer by the Department of67891011Justice.'\14)(A) A check box by the name of each prescriber when a prescription form listsmultiple prescribers."(B) Each prescriber who signs the prescription form shall identify himself or herself as theprescriber by checking the box by his or her name."(b) Each batch of controlled substance prescription forms shall have the lot number printed12on the form and each form within that batch shall be numbered sequentially beginning with the13numeral one,14''(c)(l) A prescriber designated by a licensed health care facility, a clinic specified in15Section 1200, or a clinic specified in subdivision (a) of Section 1206 that has 25 or more16physicians or surgeons may order controlled substance prescription forms for use by prescribers17when treating patients in that facility without the information require.cl in paragraph (9) of18subdivision (a) or paragraph (3) of this subdivision.19"(2) Forms ordered pursuant to this subdivision shall have the name, category of licensure,20license number, and federal controlled substance registration number of the designated prescriber21and the name, address, category of licensure, and license number of the licensed health care22facility the clinic specified in Section 1200, or the clinic specified in Section 1206 that has 25 or23more physicians or surgeons preprinted on the form. Licensed health care facilities or clinics24exempt under Section 1206 are not requil'ed to preprint the category of licensure and license25number of their :facility or clinic,26"(3) Forms ordered pursuant to this section shall not be valid prescriptions without the27name, category of li
July 2, 2018, Omni Family Health certified under penalty of perjury to the truthfulness ofall statements, answers, and representations in the application. The Board denied the application on July 18, 2018. Respondent timely requested a hearing with respect to the denial. 4. Statement oflssu
