News Release
FOR IMMEDIATE RELEASE
December 1, 2008
Contact: Gordon Taylor
Number: 916-416-7699

California Pharmacy Issued Immediate Suspension Order
Investigators Find Expired Controlled Substance Pill Bottles Refilled with Candy

DEC 1 -- (Auburn, CA) – Drug Enforcement Administration (DEA) Assistant Special Agent in Charge Gordon Taylor and Auburn Police Department Chief Valerie E. Harris announced today the immediate suspension of the DEA Certificate of Registration for Skyridge Pharmacy, owned and operated by Thomas Lee Husak, 71, of Auburn.  This action suspends the pharmacy’s authority to dispense Schedule II-V controlled substances.

The investigation began in May 2008 when the Auburn Police Department received information alleging that Husak was knowingly filling fraudulent prescriptions and providing prescription medications to persons without valid prescriptions.  On October 2, 2008, the Auburn Police Department and DEA served state authorized search warrants at Skyridge Pharmacy, located on the 600 block of Auburn Folsom Road, and Husak’s residence, located on the 100 block of Lloyd Way, both in Auburn.  Husak was arrested at that time and charged with three counts of state narcotics violations related to the illegal distribution of prescription drugs from Skyridge Pharmacy. Husak was subsequently released on $250,000 bond and continued as Skyridge Pharmacy's sole pharmacist.

Gordon Taylor stated, “Pharmacists who dispense controlled substances are entrusted to do so with honesty and integrity, while putting the public health and safety first.  Those who abuse this privilege will be dealt with swiftly.”

“The illegal distribution of pharmaceutical drugs has a negative impact on our community and I am thankful for our diligence in this investigation. Without the hard-work and cooperation between the DEA and Auburn Police Department this accomplishment would not have been possible,” stated Chief Valerie E. Harris.

The October 2 search of Husak's residence revealed he was in possession of controlled substances dispensed by Skyridge Pharmacy, allegedly obtained without valid prescriptions and in violation of Federal law.  Investigators believe that during the course of at least a three-year time period, Husak illegally distributed controlled substances to multiple individuals without valid prescriptions.  Additionally, as a result of the searches, law enforcement discovered numerous expired bottles of oxycodone and OxyContin, set for destruction, that had been emptied, refilled with M&M’s® candies, and resealed, so as to appear unopened. It was also learned that Skyridge Pharmacy provided no records to account for more than 20,000 dosage units of hydrocodone products, and an inventory revealed excessive shortages and overages of controlled substances.

The Placer County District Attorney’s Office subsequently charged Husak with approximately 50 counts of state narcotics violations and four misdemeanor counts of state sexual misconduct violations, to include unlawful use of force on another person and touching an intimate part of another person for sexual arousal.

The action today was to suspend Skyridge Pharmacy’s DEA Certificate of Registration in accordance with an Immediate Suspension Order and pursuant to Sections 303 and 304 of the Controlled Substances Act (CSA), Title 21, Sections 823 and 824.  The DEA’s investigation of Skyridge Pharmacy has determined that the continued registration of this company constitutes an imminent danger to public health and safety.  The Immediate Suspension Order is for Skyridge Pharmacy’s controlled substance registration and prohibits Husak from possessing or dispensing controlled substances, pending resolution of this investigation.

Skyridge Pharmacy received written notice of the factual and legal basis for this action.  Additionally, Skyridge Pharmacy will be given an opportunity for an administrative hearing, and after the hearing, the DEA Deputy Administrator will make a final decision on whether Skyridge Pharmacy DEA Certificates of Registration should be permanently revoked.  This decision will be published in the Federal Register.

Charges against an individual are only allegations and a defendant is presumed innocent unless and until proven guilty.

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