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Board adopts $4,000 penalty in disciplinary case involving pharmacist Oyunuga

2218956 · February 4, 2025
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Summary

The Texas State Board of Pharmacy voted to adopt an administrative order imposing a $4,000 civil penalty on a licensed pharmacist identified as Oyunuga after an administrative law judge found violations including failure to operate three pharmacies for 30 days or longer and failure to report to the prescription monitoring program.

At its meeting, the Texas State Board of Pharmacy voted to adopt an administrative order imposing a $4,000 penalty on a licensed pharmacist identified in the record as Oyunuga after an administrative law judge issued a proposal for decision finding multiple violations of the pharmacy act and board rules.

The proposal for decision (PFD), issued Oct. 15, 2024, by an administrative law judge at the State Office of Administrative Hearings, concluded by a preponderance of the evidence that the pharmacist failed to operate three separate pharmacies for periods of 30 days or longer and failed to report to the prescription monitoring program. Board staff recommended adoption of a board order imposing a $4,000 administrative penalty, citing board rule 281.65 and the pharmacy act and Administrative Procedure Act as governing authorities.

Board staff told members the ALJ recommended administrative penalties and that the appropriate sanction is reserved to the board. The record shows the licensee was not present at the meeting. A board member moved to adopt the order; a second was recorded. The motion carried on a voice vote and the board entered the order as presented.

The transcript does not record a roll-call tally or additional conditions attached to the order. The board-backed order as presented by staff will become the formal disciplinary action in the regulatory record.

The disciplinary matter begins in the administrative record and was decided by the board after consideration of the ALJ’s PFD and staff recommendations. The board’s action follows standard disciplinary procedure in which an ALJ issues findings and the board exercises its discretion under the pharmacy act and the Administrative Procedure Act to determine the final sanction.