Salim S. Tadrus v. Missouri Board Pharmacy

Salim Tadrus and Sam's Prescription Shop, Inc., appeal the decision of the circuit court affirming the suspension of Mr. Tadrus's pharmacist's license for three months, followed by five years probation, and the placing of Sam's Prescription Shop on probation for five years. On January 31, 1986, the State Board of Pharmacy (hereinafter ""the Board"") filed a complaint with the Administrative Hearing Commission (""the AHC"") seeking a hearing and determination that Mr. Tadrus's pharmacist's license and the pharmacy permit of Sam's Prescription Shop, Inc., were subject to revocation or suspension pursuant to section 338.055 RSMo Supp. 1984. Salim Tadrus is a registered pharmacist and the owner of three pharmacies named Sam's Prescription Shop, two of them in Moberly and a third in Brookfield. The complaint grew out of inspections of the Sam's located at 513 West Reed in Moberly, Missouri (which we will call Sam's #1 to avoid confusion), carried out by the Board in January and July of 1985. A hearing on the first amended complaint was held and Commissioner Paul R. Otto issued findings of fact, Conclusions of law and a statement of the case on June 19, 1989. Commissioner Otto found that Mr. Tadrus and Sam's Prescription Shop, Inc. were subject to discipline pursuant to section 338.055.2, subsec. 5, 6 and 15 and section 338.285 RSMo 1986 1 for some or all of the conduct charged in Counts II, V, and VI of the six count complaint. Section 338.055.2, in pertinent part, provides: