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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Notices granted by the DEA. Id. at 872. Ms.
Mincy had a key and certificate specific to her that had to be used to access the CSOS system. Id. at 872. On the other hand, EFORCSE could be properly accessed by either Mr. Sprys or Ms.
Mincy and could be left open on the computer for either person to access. Id.
at 872.
Ms. Mincy would turn away patients if she found discrepancies on the E
FORCSE, and did so, up to 10 to 12
times per month. Id. at 646. She would turn them away if she suspected their ID
was not legitimate, if they were also filling their prescriptions somewhere else, if it appeared they were doctor shopping, or if there were signs of diversion or abuse. Id. at 647. She would also call the patients doctor and discuss the patients medical needs and the prescriptions that had been provided to her. Id. at 648. She would send patients away if there were discrepancies between the identification provided and the information provided on the prescription. Id. at 648. She would also look to see if any of the patients had overdosed, which would help her determine whether to fill a prescription. Id. at 841. She would also investigate whether there was any indication that any of the patients were selling their prescribed medications. Id.
at 84145.39 She would then place a sticker on the prescription to signify that she had resolved any potential red flags for the prescription. Id. at 64849, 82728.
Ms. Mincy was familiar with each of the 10 charged patients in this matter.
Id. at 649. She has filled prescriptions for controlled substances for each of the 10 subject patients. Id. at 830. She would try to resolve red flags for each of the 10 subject patients by using the previously discussed methods, including determining whether any of them were opiate nave.T Id. at 81314.
One way she would do so was by accessing EFORCSE. Id. at 814, 831.40
Her EFORCSE number is redacted.
Id. at 831. She conceded there was no 39 The Government confronted Ms. Mincy with arrest records of Patient K.Y.D. during its crossexamination. She was surprised to hear that he had been arrested on December 31, 2015, for possession of oxycodone with intent to sell, and later arrested on February 25, 2017, for possession of a Schedule 2 controlled substance. She said he had later been discharged as a patient and that he was unruly. Tr.
84584; GX 4143.
T Ms. Mincy, responded No to the question Did you ever fill any prescription the first time for a patient where it was contra-indicated for the amount because a patient might have been opiate nave? Tr. 64950.
40 When asked, Ms. Mincy stated that she had not printed out any documents from EFORCSE that would show she had looked at the 10 charged patients. Tr. 81415.

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documentary evidence that indicated that any of the subject ten patients started at lower doses of opioids, including oxycodone and hydromorphone, and worked their way up because they become opioid tolerant.
Id. at 81516. She had medical release forms for Patient K.Y.D., but not for the other 9 charged patients. Id. at 82829.
Ms. Mincy confirmed she had previously reviewed EFORCSE in relation to the 10 charged patients. Id.
at 87579. Ms. Mincy indicated that while the policy at the pharmacy was presently at the time of the hearing to run each controlled substance patient through EFORCSE, it had previously been only to run each Schedule 2
prescription. Id. at 88081.
The pharmacy used the Rx30
computer software to fill prescriptions.
Id. at 650. This was an internal system the pharmacy used to collect information, such as patients names, addresses, phone numbers, allergies, and diagnostic codes. Id. at 65051, 68790; see, e.g., GX 5; RX 18, p. 1; RX
19. It is also used to input information related to the patients doctor, prescriptions, directions for the prescriptions, and number of days for the supply. Tr. 652. Each prescription was entered into the program one at a time, even if the doctor had put multiple substances on a single prescription form. Id. at 65253. The Rx30 program would flash red with an alert if there was a contra-indication that something in the prescription did not match with the information on file to let Ms. Mincy know that some follow up was necessary. Id. at 65254.
The pharmacy maintained patient record maintenance files through their internal system. Id. at 68790, 70609, 71316, 72231, 73367; RX 1837.
These records were also used to maintain due diligence on the pharmacys patients and resolve red flags as they arose. Id. at 70708, 840
41.
Ms. Mincy had been present at Pharmacy 4 Less during inspections by the Florida Department of Health, including on February 28, 2017. Id. at 65758. Ms. Mincy assisted the DOH
inspector throughout the state inspections. Id. at 65960. There were no deficiencies found during the February 28, 2017 inspection. Id. at 662;
RX 15. She was also present during an inspection of the pharmacy on September 5, 2017. Tr. 669, 674. This inspection was done by the Board of Pharmacy. Id. at 667, 67172. Ms.
Mincy was given an inspection report at the end of that inspection, although the inspection report appeared to be incomplete. Tr. 67581; RX 14.

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At the end of the DEA inspection, DI1
took ten California folder files of Schedule 2 prescriptions dated between January 1, 2017, through June 6, 2017.
Tr. 799801. A California file consists of bundles of prescriptions that the pharmacy keeps for its records. Id. at 801. DI1 later requested twenty-four additional California files from Mr.
Sprys. Id. at 80102. The pharmacy kept a receipt that documented originals of the Schedule 2 prescriptions in the pharmacy. Tr. 80203; RX 12.
Ms. Mincy was present during the inventory taken by DI1 on June 6, 2017.
Tr. 835. She signed a DEA closing inventory sheet, confirming that the drug counts were correct. Tr. 83537;
GX 39.41
Mr. Robert M. Parrado, BPharm., R.Ph.
Robert Parrado graduated from the University of Florida in 1970 with a B.S.
in Pharmacy. Tr. 401. Mr. Parrado has been licensed in Florida as a Pharmacist since 1971. Id.; RX 5, at 1. He was formerly licensed as a Consulting Pharmacist by the State of Florida up until 1989, which involved work with institutional facilities. Tr. 401; RX5, at 1. Mr. Parrado has received several awards over the years: The R.Q.
Richards Award from the Florida Pharmacy Association for pharmaceutical public relations, and the Generation Rx Award in the field of prescription drug abuse and drug diversion from Cardinal Health. Tr. 402.
He is presently President and CEO of Parrado Pharmacy Consultants, Inc., which involves pharmacy consulting with pharmacies, pharmacists, and with government agencies. Id. at 40203; RX
5. Mr. Parrado previously worked for CVS Pharmacy from 2000 to 2009 as a Pharmacist. Tr. 403. For nine months in 2007, Mr. Parrado was a Regional Acquisition Specialist, involved in acquiring independent pharmacies by CVS. Id. Prior to working for CVS, Mr.
Parrado worked for approximately three years for Eckerd Drugs and Albertsons.
Id. at 404. Previously, Mr. Parrado worked for St. Josephs Hospital as an Inpatient Staff Pharmacist, during which time he consulted with physicians on a daily basis. Id. Prior to St. Josephs, Mr. Parrado was the Director of Pharmacy at Centro Hispano Hospital in Tampa. Id. at 40405. Prior to that, for a few months, Mr. Parrado worked as a Pharmacist at SupeRx Drugs. Id. at 405.
From 2001 to 2004, Mr. Parrado was a member of the Florida Board of 41 While she could not recall signing the inventory sheet, she stated that it was her signature on the document. Tr. 837.

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