State board files complaint against Courtney

The Associated PressJEFFERSON CITY, Mo. -- A state board has filed a complaint alleging about 45 pharmacy law violations by Robert Courtney, the Kansas City pharmacist who already has pleaded guilty to federal criminal charges of diluting cancer drugs.

The complaint filed Thursday has more symbolic importance than practical effect, since Courtney already is in prison and has surrendered his pharmacist license.

Courtney pleaded guilty in February to 20 federal criminal charges of tampering with, adulterating and misbranding chemotherapy medications. He has since admitted diluting 72 drugs, dating back to at least 1992.

The pharmacy board complaint "might be a formality," said Jim Grebing, spokesman for the Department of Economic Development, which oversees the pharmacy board. But "it's a matter of following through on the record on this."

The case must go before an administrative law judge, then potentially back to the Missouri Board of Pharmacy to decide whether to take disciplinary action against Courtney.

The toughest action the board could take would be to revoke Courtney's license.

"Then his record will reflect his license was revoked," Grebing said, "and the results of the (pharmacy board) investigation are incorporated in that record and made public."

The board said it was pursuing the case because of its significant public health issues.

Federal authorities have suggested Courtney's scheme may have affected as many as 400 doctors, 4,200 patients and 98,000 prescriptions.

He is in prison while awaiting sentencing. Courtney's plea agreement calls for him to serve between 17 1/2 and 30 years in prison.

The complaint by the pharmacy board cites 39 allegations of tampering with drugs that were dispensed to 34 patients. It also cites six allegations of adulteration and misbranding of drugs and an allegation that Courtney knowingly caused false claims to be submitted to the government-run Medicare program.

In addition, the complaint incorporates Courtney's plea to the federal charges.