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February 12, 2026 - Board Meeting - Day 2

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Summary of Feb. 12, 2026 – Arizona State Board of Pharmacy Meeting (Day 2)

Opening / Procedural Matters

  • The Arizona State Board of Pharmacy convened on February 12, 2026, with roll call and conflicts-of-interest disclosures. Several members noted recusal/conflict handling for specific agenda items.
  • The Board provided information for continuing education (CE) sign-in for attendees.
  • Dr. Anderson (and compliance staff) led presentations and questioning for multiple adjudication items.

Major Complaint / Adjudication Items

1) Tabs 11E, 11F, 11G — Scanning/Labeling and Product-Mix Allegations (CVS / Walgreens group)

Core discussion across cases: The Board focused on what the companies’ automated systems actually detect, including:

  • scan/QR accuracy checks,
  • alerts and pharmacist verification steps, and
  • whether alleged “bypass/override” terminology indicated a true scan bypass versus record-keeping language.

Compliance staff explanations (shared theme)

Compliance officers explained that:

  • The systems did perform scanning, including accuracy scans referenced in activity logs.
  • Terms such as “multi-package scan” or “scan override” may reflect naming/record-keeping terminology, not definitive proof that key bottle scans were bypassed.
  • Alerts and workflows vary depending on whether a bypass/override occurred (e.g., technician bypass may trigger pharmacist review pathways).

Walgreens case (11E, Complaint 25-0438)

  • Allegation: patient received oxycodone mixed with intended methylphenidate.
  • The Board questioned how this could occur if scanning was correct.
  • Compliance explained:
    • At the time, the pharmacy’s system did not support RTS bottle scanning (later upgraded).
    • “Scan override” language largely referred to overriding scanning of paper prescriptions/hardcopy documents, not necessarily overriding bottle product scanning.
  • Walgreens emphasized:
    • The patient complaint was submitted months later (around August) after a December 2024 incident.
    • Alleged co-mingling lacked sufficient evidence linking it to the pharmacy, given inventory/audit data and timing delays, with no video evidence.
  • Board outcome: The matter was dismissed after motions and discussion.

CVS / Walgreens related cases (11F/11G, Complaint 25-0469 and related 11G)

  • Compliance described similar workflows and possible error scenarios occurring after scanning—often framed as:

    • human process deviation, or
    • inventory/label mismatch, rather than system failure.

  • Mitigation discussion: workload concerns by the pharmacist were raised; compliance staff responded that workload is considered, but safeguards—particularly pharmacist verification of images—are expected to catch errors.

  • Board outcome: For CVS/permit holder and CE terms, the Board:
    • voted to dismiss the permit holder in both related items, and
    • required non-disciplinary CE for involved staff (technician and pharmacist) focused on error prevention/patient safety.

2) Tab 24D — Strive Pharmacy: trafficking-like improper dispensing via provider “office stock”

Complaint: Strive Pharmacy allegedly dispensed compounded prescription-only drugs to a provider clinic that sold them OTC-style without valid patient-specific dispensing and appropriate verification.

Key points from compliance and Strive counsel

  • The matter was initiated from a whistleblower and a notification from the Arizona Attorney General.
  • Compliance officer described:
    • Strive dispensed 85 prescriptions after receiving early notice evidence.
    • Strive continued supplying the clinic for a period before stopping, and risk concerns were discussed (including that drugs like oxytocin carry serious public risks).
  • Strive’s response emphasized:
    • No “special agreement” existed; dispensing was intended to be patient-specific under 503A compounding rules requiring valid prescriptions.
    • Strive halted fulfillment after internal investigation and corrective actions.
    • They expanded compliance staffing and updated SOPs (including pausing fulfillment pending internal review) and added provider onboarding attestations.

Board questions and concerns

The Board scrutinized:

  • delays between whistleblower notice and full corrective action,
  • communications involving a Strive sales representative (“Bailey”) that suggested compliance was aware and that urgency was tied to avoiding “getting in trouble,” raising concerns about a potential sales-driven culture,
  • whether the permit holder/PIC had adequate oversight to stop earlier (PIC responsibility vs. evidence of personal involvement/knowledge), and
  • compensation/incentives for sales staff and training adequacy (raised as follow-up topics).

Board outcome and procedural handling

  • Board outcome: the Board did not fully dismiss the matter. It appears the Board found insufficient evidence for some allegations relating to the PIC, while the permit holder enforcement concern remained central.
  • However, the meeting transcript indicates the Board tabled further portions for later review rather than resolving everything fully in-room.

Procedural resolution

  • After extensive discussion, the Board voted to table parts of the Strive case to obtain organizational answers including:
    • sales rep structure,
    • compensation,
    • training,
    • organizational chart,
    • relationships.

3) Tab 11E/11F/11G — Motions recap

  • CE requirements: non-disciplinary CE (error prevention/patient safety) for affected staff where dismissal occurred.
  • Dismissals: for permit holders in the scanning/RTS-related matters discussed.

4) Pharmacist Disciplinary Issue — Controlled Substance Fraudulent Prescriber Dispensing at CVS (Tab 24B)

Facts described

CVS received DEA-related notification alleging dispensing of fraudulent prescriptions by two pharmacists (one PIC; one staff pharmacist). Red flags included:

  • no patient history in CVS system,
  • prescribing patterns limited to benzodiazepines/sedatives,
  • an out-of-state prescriber not licensed in Arizona,
  • provider paid with his own credit card,
  • invalid/unverifiable patient addresses identified via web search.

Additional context stated:

  • the alleged prescriber died by overdose,
  • some dispensed medications were found in his possession.

Board outcome

  • After legal consultation, the Board voted for:
    • probation with practice restrictions for the pharmacists,
    • additional CE focused on red flags and controlled substance safeguards.
  • CVS’s permit holder action was also addressed; the permit holder was dismissed (with at least one recusal noted).

Renewal / Licensing / Administrative Actions

Tab 21F — Brett Regal renewal (DUI disclosure)

  • DUI disclosure plus lab testing outcomes were pending/confidential.
  • Board voted to table until all results were submitted, and extended the compliance timeframe for submitting results.
  • Staff indicated the license expiration would be extended while awaiting evidence.

Tabs 22E, 22F, 22G, 22H — Pharmacy technician applicants

  • 22E (Nichollet Barker): approved after review of theft-related history; prior disclosures considered in context.
  • 22F (Catalina Jose Bautista): shoplifting conviction and diversion program history reviewed; approved.
  • 22G (Tiki/Tique Perkins): harassment/disorderly conduct/fraud/suspicious vehicle-related charges reviewed; approved after civil penalty discussion.
  • 22H (Christopher Shet): felony grand theft and related older offenses reviewed; approved.

Tab 24C — Tabled

  • Board tabled an additional item at the respondent’s request; no final action occurred in the excerpt.

Tab 25B — Stephanie T. Stanley consent agreement extension

  • Consent agreement included civil penalty payment and CE completion.
  • Board voted to extend the payment deadline with warning that further extensions could lead to escalation (hearing and possible revocation).

Tabs 25C / 25D / 25E — Testing / permit petitions

  • 25C: Gilbert Taco requested permission to take NAPLEX for a fifth time — approved (final attempt).
  • 25D: Miriam Naim requested permission to take MPJE/Jurisprudence exam for a fifth time — approved (final attempt).
  • 25E: Adriana Carbajal requested extension of intern license — approved up to a stated maximum date.

Tab 25F — Waiver of FPGEC certification (Hani Abdel Masif)

  • Applicant requested a waiver of required foreign pharmacy graduate certification.
  • Board denied the waiver due to a statutory rule requiring FPGEC certification for reciprocity.

Board / Staff Reports and Policy Direction

PMP Director report (Tab 26E)

The PMP director reported:

  • increased consistency in handling daily delinquent data submission via automated daily messaging,
  • intent to proceed with enforcement/complaints after day 30 if delinquency persists,
  • discussion whether enforcement should involve penalties immediately and how to ensure notices reach pharmacies (concerns about wrong emails/spam),
  • Board debate on approaches to consistency and penalty levels, emphasizing fairness and statutory interpretation.

Deputy director and compliance reports (Tabs 26B, 26C)

  • Reports included public records requests and public “contact questions” numbers.
  • Compliance officers reported:
    • inspection volumes,
    • violations issued,
    • continuing education audits,
    • complaint investigations,
    • and permit reviews (December 2025 and January 2026 snapshots).

Licensing division manager report

Updates included:

  • additions to ARS-based technician trainee application questions,
  • year totals for licenses/permits/registrations issued,
  • trends and processing timeliness (queue/pending/average days),
  • improvements in phone-answering performance.

Future agenda items

Follow-up needs discussed:

  • clarifications about universal multi-state jurisprudence exam changes and Arizona-specific differences,
  • possible FAQs/policy guidance to avoid misleading exam takers about Arizona compliance requirements,
  • additional compliance and rulemaking steps related to pharmacist identifier requirements in PMP queries.

Election of Officers and Governance / Conflicts Training

Election of officers (Tab 28)

Board elected officers after nominations and vote rounds:

  • Vice President: Stephanie Spark
  • President: Jeff Anderson

Complaint review committee leadership configured as well:

  • Anderson chaired; others included Browning/Thorwald/Davis, with Spark as alternate.

Conflicts of interest training (Attorney General Office)

A legal refresher covered Arizona conflicts principles, including:

  • disclosure and required recusal for statutory conflicts (including substantial interests),
  • distinction between recusal and abstention,
  • emphasis on appearance of impropriety and consequences (including potential reversal of decisions, civil rights claims, and criminal exposure).

Presenters / Contributors (as stated in the subtitles)

Board / Staff

  • Dr. Anderson
  • Miss Walmsley
  • Miss Mitchell
  • Miss Galvin
  • Miss Okonowski / Okonowski
  • Miss Leon / DeLeon
  • Ms. Walmsley
  • Doug Skavara (PMP Director) — PMP report (26E)
  • Truman Leong (Chief Compliance Officer) — compliance report (26C)
  • Jennifer Galvin (Deputy Director) — public records/contact report (26B)
  • Hannah Boltz (Licensing division manager)
  • Max Jacobson (Compliance officer) — Strive Pharmacy (24D)
  • Ben Castella / Castella (Compliance officer) — CVS fraud dispensing section
  • Steve Hyber (Compliance officer) — scanning/RTS cases
  • Dennis Wagner (Compliance officer) — scanning/RTS cases
  • Allison Okinowski
  • Erica DeLeon

Attorney General / Legal

  • Ellison Franklin (Attorney General’s office conflicts training)
  • Max Jacobson (also referenced in legal-adjacent summaries)

Respondents / Counsel / Company Representatives

  • Susan Trillo
  • Mike Simco
  • Maline Yu
  • Diana Alamarino
  • Ethan Wenger and Christina Bonius
  • Christina Bonz/Bonas
  • Nathan Wenger
  • Brian Conbury / Conry
  • Courtney Forest
  • Carlos Erdang / Chris Erdang
  • Alex Sinder/Ander
  • Matt Guzman
  • Jamon Schweer
  • Roger Morris
  • Jay / Jordon / Jordan Jimmy
  • Michael Rain
  • Brett Regal
  • Stephanie T. Stanley
  • Gilbert Takar
  • Miriam Naim
  • Adriana Carbajal
  • Hani Abdel Masif / Abdul Nasif
  • Nichollet Berger/Barger
  • Catalina Jose Bautista
  • Tiki/Tique Perkins
  • Christopher Shet

Other

  • Cam Gandhi (executive director referenced)
  • Officer Leang and Officer Fuentes
  • DEA (referenced as notification source)
  • Arizona AG office (referenced; not a presenter beyond training)

Note: Subtitle transcription errors may have caused partial misspellings; the listed names reflect those clearly identified in the text.

Original video