Crime

Fresno nurse, Visalia pharmacist sentenced

The California Department of Consumer Affairs said Tuesday a former Fresno registered nurse and a Visalia pharmacist have been sentenced following investigations .

The Consumer Affairs department said former Registered Nurse Jason Burham Smith has been sentenced in Fresno County Superior Court to 40 months in jail, and will be placed on probation upon his release. He gave a no-contest plea to felony charges of obtaining controlled substances by fraud, embezzlement and burglary.

The department said an investigation by the Central Valley Field Office found in February 2015 that Smith removed and tampered with Fentanyl and morphine vials while employed at LDAC Vascular Centers in Fresno. Video surveillance from the facility showed Smith removing the narcotics from the narcotics cabinet, although he was not authorized to do so, the department said.

Last month, Smith entered a no-contest plea to two felony counts of obtaining controlled substances by fraud, embezzlement and burglary, which occurred during his employment at Saint Agnes Medical Center. He also pleaded guilty to one enhancement count of committing a crime while released on bail in a previous case, the department said.

In March 2015, Smith surrendered his registered nurse license to the California Board of Registered Nursing as part of a settlement. In January 2015, the board filed an accusation against Smith’s license for failing to properly document the administration and wastage of prescription medicine and illegally obtaining controlled substances for personal use, the department said.

On Tuesday, Consumer Affairs also said a Visalia pharmacist has been sentenced in Kings County Superior Court to three years’ probation, community service and addiction treatment courses for illegally obtaining controlled substances, forging prescriptions, and embezzlement.

Emily Clark was investigated by the Central Valley field office after it was reported that she had stolen numerous narcotic medications from facilities in Hanford and Selma. Clark gained access to narcotics including methadone, oxycontin, hydrocodone, Soma, Demerol and Dilaudid through her job as a pharmacist, the department said.

During the investigation, it was discovered that Clark had also forged prescriptions in order to obtain Adderall, by using the names, signatures and Drug Enforcement Administration numbers of two physicians without their knowledge. Investigators also learned that Clark was previously arrested by the Fresno Police Department in 2013 for felony charges of possession of a controlled substance for sale or distribution and transportation of controlled substances with intent to sell or distribute. Clark is scheduled to appear in court Wednesday related to those charges, the department said.

Consumer Affairs said investigators arrested Clark on March 28, 2014. She initially faced 25 felony counts for embezzlement, theft, identity theft, burglary, forgery, passing false prescriptions, illegally obtaining controlled substances, possession of controlled substances, and possession of controlled substances for sale, the department said.

The sentence was the result of her no-contest plea to four felony counts on April 21, 2015, the department said.

The Board of Pharmacy has obtained a court order restricting Clark’s ability to work at any place where pharmaceuticals are the chief item of sale, Consumer Affairs said.

This story was originally published June 2, 2015 at 6:07 PM with the headline "Fresno nurse, Visalia pharmacist sentenced."

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