DrugBuyers.Com: Clay Fuchs Conviction Information

This is an article about the story as it was posted on the VIP Board:

Re: Clay Fuchs Conviction Information [Re:Angelaplszak]
#84897 - 10/26/03 06:59 PM (63.227.105.122) Edit Reply Quote

from:
http://216.239.53.104/search?q=cache:3mLn1O3lFRkJ:www.state.ok.us/~pharmacy/min0725.pdf+"clay+fuchs"&hl=en&ie=UTF-8
MINUTESOKLAHOMA STATE BOARD OF PHARMACY
4545 Lincoln Boulevard, Suite 112 Oklahoma City, OK 73105-3488 July 25, 2001Call to order:The July 25, 2001 meeting, of the Oklahoma State Board of Pharmacy, (OSBP) was called to order by Executive Director, Bryan Potter at 8:30 a.m. The Board for this meeting was a special Board to hear the case of Jerry Shadid. Those present were:Board members: Thomas F. Dudley, Edmond Jack Coffey, Shawnee Keith Dodson, Altus Kenneth Eck, Healdton Ed McFall, Frederick William Osborn, Miami Assistant Attorney General: Kathryn Bass, Advisor to the Board Board of Pharmacy: Bryan Potter, Executive Director Betty Beil, Compliance Officer Cindy Hamilton, Compliance Officer Gary LaRue, Compliance Officer Mike Broderick, Chief Inspector Court Reporter : Debra West, CSR Board elects President: The first order of business was to elect a President. Motion was made by Ed McFall and seconded by Keith Dodson that Tom Dudley be elected as President. Motion passed on roll call vote. Board discusses New Business: President Dudley called the meeting to orderand asked if there was any new business. Mr. Potter explained that Danny Shadid, the attorney for Jerry Shadid had submitted a Motion to Dis-Qualify and that the States Attorney and Kathryn Bass, Advisor to the Board had already responded. Jerry Shadid along with his attorney, Danny Shadid and Assistant Attorney General, Alicia Connolly-Lohr were present. Board discusses Motion to Dis-Qualify: President Dudley called the meeting to order to hear the motions and oral explanations of the motions. The motions were handed out to the members to review. The Motion to Dis-Qualify stated that it was improper to have an Assistant Attorney General advise the Board and an Assistant Attorney General prosecute the case. After a review, and after each attorney had the opportunity to present their argument, a motion was made by William Osborn and seconded by Ed McFall to disallow the Motion to Dis-Qualify that was presented by Mr. Shadid. The Board determined that the Advising Attorney General did not have authority to rule in the case, only to advise. Motion passed on roll call vote. OSBP vs. Jerry Shadid, R.Ph. #8853, Case No. 588: After a short recess, the Board was called to order by President Dudley to hear the case of Jerry Shadid. Assistant Attorney General, Alicia Connolly-Lohr passed out copies of the Complaint to the Board members for their review. President Dudley asked Alicia Connolly-Lohr to present the States opening statement. Once the State had completed their statement, President Dudley asked for the Respondents opening statement. Danny Shadid indicated that he had advised his client Jerry Shadid not to testify and presented the Respondents opening statement. President Dudley swore in all witnesses that were present to testify. The State asked that the rule be invoked and the Respondent agreed. All witnesses were asked to leave the hearing room at this time. States attorney called the first witness, Pharmacist Myron Thompson. He had worked for Mainstreet pharmacy for 4 weeks and left their employment because of concerns of the type of practice involved. States attorney then called Compliance Officer, Cindy Hamilton. Ms. Hamilton testified about the pharmacy operation and the number of CDS prescriptions filled by the pharmacy. All of the prescriptions were written by 2 doctors that were paid by the pharmacy. She testified that she had talked to Jerry Shadid the day the pharmacy was closed. He had indicated that he was being paid $100,000 a year. She had been in the pharmacy several times gathering information for the DEA, the Medical Board, the Bureau of Narcotics and the Board of Pharmacy. She had not answered questions by Mr. Shadid and Mr. Fuchs because of an investigation by the DEA. President Dudley called a short recess so that the Board could have sandwiches that were brought in for lunch.
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After lunch, President Dudley called the meeting back to order to continue with testimony. Compliance Officer Hamilton completed her testimony and Danny Shadid, Attorney for the respondent, cross-examined her. The Board was allowed to ask her questions. She was then excused. The State rested the case. The Respondents attorney, Danny Shadid was then called on by President Dudley to present his case. He called Myron Thompson to testify as to any information that he might have given Jerry Shadid regarding his concerns about the operation. He indicated that he was afraid of being sued by Clay Fuchs, the owner of Mainstreet Pharmacy and did not warn Jerry Shadid. Mr. Shadid then called Charles Reese, R.Ph. Mr. Reese works for Eckerds in Ardmore and had worked with Jerry Shadid. He appeared as a character witness. Mr. Shadid then called Randy Maddox, the office manager for Mainstreet Pharmacy. The State objected to him being a witness and the relevancy of his testimony. Motion was made by Jack Coffey and seconded by Ed McFall to only allow his testimony to the March 5, 2001 claimed statement by Cindy Hamilton. Motion passed on roll call vote. Mr. Maddox was called to testify and indicated that Ms. Hamilton had told him that she didnt think the Jerry Shadid would get more than 3 months suspension. Danny Shadid called Jerry Koester as a witness. The State objected to him as a witness as to relevancy and that he had no knowledge of this case. Motion was made by Jack Coffey and seconded by Kenneth Eck to allow Mr. Koester to testify as a character witness only. Motion passed on roll call vote. The Board recessed at 5:00 p.m. Wednesday, July 25thuntil 9:00 a.m. Thursday, July 26th.
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MINUTESOKLAHOMA STATE BOARD OF PHARMACY4545 Lincoln Boulevard, Suite 112 Oklahoma City, OK 73105-3488 July 26, 2001 Call to Order for the case of OSBP vs. Jerry Shadid, R.Ph. #8853, Case No. 588: President Dudley called the meeting to order at 9:00 a.m. to continue the case of Jerry Shadid. All Board members and staff were present. Assistant Attorney General Alicia Connolly-Lohr was present for the State and Assistant Attorney General, Kathyrn Bass was present to advise the Board. Jerry Shadid was present with counsel, Danny Shadid. Those present for the case were Mr. & Mrs. John Shadid, brother to the respondent, Court reporter West and DEA Agent Mary Surovec. President Dudley called on States Attorney, Alicia Connolly-Lohr to make the States closing argument. After her closing was made, President Dudley called on Danny Shadid for his closing argument. The State asked for a rebuttal statement. Mr. Shadid would only agree to a rebuttal if he had the opportunity to a rebuttal. The State declined to make a rebuttal. Motion was made to go into executive session. Motion passed on roll call vote. The Board voted to come out of executive session and President Dudley asked for a motion. Motion was made by Keith Dodson and seconded by Jack Coffey to find the Respondent guilty as presented on counts 1, 2, 3, 4, and 6. He was not found guilty on count 5. Motion passed on roll call vote. Motion was made by William Osborn and seconded by Ed McFall to place the respondents license on suspension for 7 years until July 26, 2008. The suspension would be stayed and the license would be placed on probation as of January 1, 2002. Mr. Shadid would be assessed a fine of $500 per guilty count for a total of $2500.00 to be paid at $250.00 per month on or before the 10thof the month for 10 months. The first payment would be due August 10, 2001. Mr. Shadid would be asked to attend a 1-day law seminar in December 2001 in addition to the required 15 hours of CE. Motion passed on roll call vote. Motion was made by William Osborn and seconded by Ed McFall requesting that Alicia Connolly-Lohr prepare the final order and that Mr. Potter sign for the Board. Motion passed on roll call vote. Board adjourned at 11:00 a.m.

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