Justin Lachance Pharmacist Emergency Suspension

STATE OF NEW HAMPSHIRE

OFFICE OF PROFESSIONAL LICENSURE AND CERTIFICATION

____________

BOARD OF PHARMACY

In Re: Justin Eric Lachance

NARRATIVE ORDER ON EMERGENCY

Docket No.: 26-PHARM-004 SUSPENSION HEARING

1. PARTICIPANTS:
   Board Members and Support Staff and Counsel: Karl Peicker, Board Chair and Member (remote) Eric Lessard, Board Vice Chair and Member William Irvin, Board Member Amanda McClellan, Board Member Robert Theriault, Board Member (remote) Purvi Patel, Board Member (remote) Alex Fisher, OPLC Board Administrator Cynthia Capodestria, OPLC Board Administrator Lindsay Britton, Esq., OPLC Board Counsel Rahkiya Medley, Esq., OPLC Board Counsel Presiding Officer: Shane D. Goulet, Esq., OPLC Administrative Law Judge Parties: Michael Porter, Esq., OPLC Ivestigations Bureau Chief and Hearing Counsel Kaylee Doty-Jonhson, Esq., Counsel for the Respondent/ Licensee Justin Lachance, Respondent/ Licensee

2. CASE SUMMARY/PROCEDURAL HISTORY:
   On 02/17/2026, the Office of Professional Licensure and Certification, Division of Enforcement ("OPLC Enforcement") filed a "Verified Petition for Emergency Temporary Suspension of Licensure Pursuant to RSA 310:12, IV and N.H. Code Admin. R. Title Plc 206.07" ("Petition") pertaining to Justin Eric Lachance, ("Respondent/Licensee") with the OPLC Bureau of Hearings. On 02/18/2026, the Presiding Officer and the New Hampshire Board of Pharmacy ("Board") reviewed the Petition at its monthly meeting and subsequently suspended the Respondent's license on an emergency basis pursuant to RSA 310:12, IV and N.H. Code Admin. R., Title Plc 206.07 ("Plc") ("Rules"). The Board held an adjudicative hearing on 03/03/2026 to determine whether the Licensee presented an imminent threat to public health, safety, or welfare such that his license should remain suspended pending a full investigation and final adjudicative hearing. This narrative order follows.

3. SUMMARY OF THE EVIDENCE AND EVIDENTIARY RULINGS:
   The Board received the following evidence pursuant to RSA 541-A:33 and Plc Rules 206.22 and 206.18(d):

4. Exhibits were submitted by Hearing Counsel, numbered as follows:

5. undated AP incident log (HC0001)

6. 2026-01-06 09178. Fill Counter - 2026-01-06 19-12-53-841 (video file)

7. 2026-02-09 CONFIDENTIAL request for information_ (2026-PHARM-0078) 9178
   CCTV (HC002)

8. 2026-01-22 19912.CII - 2026-01-22 13-56-39-495 (video file)

9. 2026-01-22 19912.Rx Alpha 3 - 2026-01-22 13-57-05-704 (video file)

10. 2026-02-09 CONFIDENTIAL request for information_ Lachance (2026-PHARM-0078)
    (HC0003)

11. 2026-01-28 2026-PHARM-0078 - Complaint (HC0004-5)

12. 2026-01-28 Initial CS Loss Form Londonderry (HC0006-7)

13. 2026-01-29 Initial CS Loss Form Ossipee (HC0008-9)

14. 2026-02-13 2026-PHARM-0078-Respones and NOA (HC0010-11)

15. 2026-02-09 Lachance case-_110303-Meeting Recording (video file)

16. 2026-02-09 Summary of Complainant Interview (HC0012-13)

17. 2026-02-13 Lachance-_125934-Meeting Recording (video file)

18. 2026-02-13 Summary of Licensee Interview (HC0014-15)

19. undated Lachance Pharmacy Schedule (HC0016-18)

20. undated Justin Lachance BOP Inquiry (HC0019)

21. 2026-02-17 2026-PHARM-0078-Verified Petition Emergency Temp Suspension
    (HC0020-22)

22. UNDER SEAL 2026-02-13 2026-PHARM-0078 - provided during interview (HC023-

23. Voluntary Statement (HC0033-34)

24. Confidential request for information (HC0035)

25. February 28, 2026, Letter of Reference from Pharmacist Dariel Delos Reyes

26. Exhibits were submitted by the Licensee and labeled as follows:
    (a) March 2, 2026, Onsite Drug Testing Results

27. Sworn testimony was received from:

28. Kevin C. Earley, Asset Protection Manager, Walgreens Pharmacy (appeared remotely)

29. Michelle Sousa, OPLC Professional Conduct Investigator 1

30. CONDUCT OF THE HEARING AND EVIDENCE PRESENTED:
    The Respondent appeared in person for the emergency hearing in this matter. The hearing was held pursuant to RSA 310:12, IV with the burden of proof, by a preponderance of the evidence, placed upon Hearing Counsel. See Plc 206.07(e). The Presiding Officer fully admitted Exhibits 1-20 and A by agreement of the parties. Exhibit 21 was admitted over Respondent's objection. Exhibit 18 was

SEALED by the Presiding Officer in accordance with RSA 91-A:5, IV. Witness testimony was sworn to

under oath. The Board heard evidence related to these inquiries as summarized below.

At the request of the Respondent, the Board took administrative notice of a prior Settlement Agreement in the Matter of 1 Kevin Rivard; Docket No. 2022-PHARM-004. The Presiding Officer instructed the Board that this was not to be considered a "factual" exhibit but permitted the Respondent to reference this in closing argument. 3

HEARING COUNSEL'S CASE-IN-CHIEF: 2 Kevin C. Early, Asset Protection Manager, Walgreens Pharmacy:

Mr. Early was sworn in under oath and testified. He is employed as an asset protection manager for Walgreens Pharmacy and has worked in asset protection for approximately 24 years, spending the last seven years employed by Walgreens. On 01/07/2026, Walgreens (Londonderry) pharmacy manager Rush Patel notified the compliance officer that a safe at their Londonderry N.H. location had been left open overnight. Mr. Early further explained it was later discovered that pharmacist Justin Lachance ("Respondent") had "closed" at that location on 01/06/2026. The witness identified an individual named Mike Frazier, the Walgreens Londonderry store manager, reviewed the surveillance video footage from 01/06/2026 and reported to the witness that the video appeared to show the Respondent go back to the fill area after the pharmacy had closed, open up a bottle, and place pills into a tray. Mr. Early explained the Respondent's behavior was unusual because there did not appear to be any business reason for emptying the pills as all pharmacy terminals were "signed off" for the night. Mr. Early further explained the surveillance video also showed the Respondent go to a different location in the pharmacy where he opened a different bottle of pills, and removed some pills before returning the respective bottles to their shelves. Mr. Early confirmed that Exhibit 2 is the video which both he and Mr. Frazier reviewed that reflected "suspicious behavior" by the Respondent at the Walgreens Londonderry location after the pharmacy had closed on 01/06/2026. Mr. Early testified that he reviewed the video footage from the Respondent's 01/06/2026 shift at Walgreens Londonderry, as well as video footage from other shifts the Respondent worked at various

At the conclusion of Hearing Counsel's case in chief, the Respondent's Counsel submitted her case in chief without any 2 additional witness testimony. Hearing Counsel objected and asked for the opportunity to "re-open" his case to call the Respondent as a witness or alternatively permit him to request the Board take an adverse inference relative to Respondent's choice not to testify. Counsel for the Respondent argued each relief requested by Hearing Counsel was unlawful. The Presiding Officer agreed with Respondent's counsel, and prohibited Hearing Counsel from "re-open[ing]" his case and further instructed the Board of Pharmacy that they were NOT permitted to take an adverse inference against the Respondent's choice not to testify. 4

Walgreens locations throughout the State of New Hampshire since November 27, 2025. Mr. Early testified that his review of video footage included video from Respondent's 01/22/2026 shift at the Walgreens Ossipee location. The witness confirmed Exhibits 4 and 5 reflect video footage taken from Walgreens Ossipee during the Respondent's 01/22/2026 shift. He explained that the video clips from 01/22/2026 depict the actions of the Respondent while the pharmacy was closed from 1:30 P.M. to 2:00 P.M. Mr. Early stated he reviewed the video footage and noticed the Respondent walked to a "middle bay" to grab a bottle, which the witness believed to be diazepane, which the Respondent took to the "fill station" while the pharmacy was closed. The witness testified the Respondent subsequently returned the bottle while keeping his hand in his back pocket. Mr. Early testified that Exhibit 5 is a continuation of the Exhibit 4 video, and appears to show the Respondent removing his hand from his back pocket and placing it in his front shirt pocket. Mr. Early testified that he visited Walgreens Ossipee and performed a drug count, and the results of the drug count reflected the diazepane inventory was short by one pill. Mr. Early then explained that an audit at Walgreens Londonderry, conducted by Rush Patel, reflected the inventory was short by two clonazepam and one diazepane. Mr. Early confirmed Exhibits 8 and 9 are Walgreens's drug loss forms which were filed with OPLC. Mr. Early testified that the activity reflected on these videos and corresponding losses from inventory at Walgreens Londonderry and Ossipee locations led Mr. Early to interview the Respondent. Mr. Early stated that during the interview, the Respondent provided him with a voluntary written statement, where he acknowledged "taking the tablets seen on the video without a script for them." See Exhibit 19.

Upon cross-examination, Mr. Early testified that the investigation was prompted by the C2 safe being left open, but no C2s were missing from the safe. Mr. Early acknowledged that the Respondent was very cooperative during the investigation but was ultimately placed on leave 01/28/2026. Upon Board questioning, Mr. Early clarified that the strength of the clonazepam that was taken from Walgreens Londonderry was 2mg.

Michelle Sousa, OPLC Professional Conduct Investigator:

Investigator Sousa was sworn under oath and testified in her capacity as an OPLC Division of Enforcement Professional Conduct Investigator. She was assigned to investigate the Respondent after the OPLC received the complaint on 01/28/2026. Investigator Sousa testified to her investigation into this matter, including interviewing various managers from Walgreens, gathering documents from Walgreens relative to the Respondent's alleged conduct, and interviewing the Respondent on 02/13/2026. Investigator Sousa testified that during 02/13/2026 interview, the Respondent admitted he "…diverted some medication due to stress on the job and stress on his personal life." See Exhibit 13. Upon cross-examination, Inspector Sousa acknowledge that during the Respondent's interview, he stated that he never "took the medication," claiming that he left them in his pocket which later went through the laundry.

1. DISCUSSION, FINDINGS OF FACTS, AND CONCLUSIONS OF LAW:
   Based upon the evidence that was presented to the Board at the hearing, and considering the presentation and demeanor of all the witnesses, the Board makes the following findings of facts:

2. The NH Board of Pharmacy first granted the Licensee a license as a Pharmacist on January 5,
   2024.

3. The Licensee's license is scheduled to expire on January 5, 2028.

4. The Licensee is also licensed as a Pharmacist in the State of Vermont, License No. 033.0134920
   with an issue date of January 26, 2023, and expiration date of July 31, 2027.

5. Between January 6, 2026, and January 26, 2026, the Licensee worked as a regional support
   pharmacist at Walgreens stores located in Londonderry, New Hampshire (store Number 9178) and Ossipee, NH (Store Number 19912).

6. On January 6, 2026, between 1900 hours and 1920 hours, while the Licensee was working as a
   licensed Pharmacist at Walgreens Store Number 9178 the Licensee was observed on video surveillance placing items in his pockets and subsequently admitted that he was placing controlled substances in his pockets.

7. Walgreens Store Number 9178 is open from 0900 hours to 1900 hours, leaving the Licensee
   alone in the pharmacy between 1900 hours and 1920 hours.

8. On January 22, 2026, between 1356 and 1357 hours, while the Licensee was working as a
   licensed Pharmacist at Walgreens Store Number 19912, the Licensee was observed on video surveillance placing items, believed to be controlled substances, in his pockets.

9. On January 28, 2026, the Licensee was questioned by Walgreens Asset Protection Officer Kevin
   Earley and Walgreens Healthcare Supervisor KaBrina Hudson about the surveillance video obtained on January 6, 2026, and January 22, 2026, and the Licensee confessed to diversion of controlled substances clonazepam and zolpidem from the Walgreens in Londonderry.

10. On or about January 28, 2026, Walgreens in Londonderry (Store Number 9178) submitted a
    New Hampshire Controlled Drug Loss Form to OPLC reporting the loss of two (2) clonazepam 1 mg tablets and one (1) zolpidem tartrate 5 mg tablet indicating the type of theft as "Employee Theft".

11. On or about January 29, 2026, Walgreens in Ossipee (Store Number 19912) submitted a New
    Hampshire Controlled Drug Loss Form to OPLC reporting the loss of one (1) zolpidem 10 mg tablet indicating the type of theft as "Employee Theft".

12. Clonazepam and zolpidem are DEA Schedule IV controlled substances.

13. Licensee has not been prescribed clonazepam or zolpidem.

14. On January 28, 2026, the Licensee provided Walgreens Asset Protection Officer Kevin Earley
    and Walgreens Healthcare Supervisor KaBrina Hudson with a written voluntary statement confessing to taking controlled substance without authority to do so.

15. The Licensee stated that Walgreens Asset Protection Officer Kevin Earley had the Licensee
    write the details of which substances were diverted, and Kevin Earley stated he was encouraged to have written statements include what happened and how.

16. Although the Licensee cooperated with Walgreens and OPLC investigations, the Licensee does
    not comprehend the seriousness of his actions.

17. The Licensee plans to search for a new position as a pharmacist after termination from his
    previous employer.

18. The collective expertise of the Board finds the combination of substances the Licensee diverted
    to present a significant danger to anyone who takes the substances without a valid prescription or in combination.

19. Clonazepam and zolpidem in combination can cause extreme sedation, memory loss, and loss of
    consciousness, and pose a significant danger when taken in combination without a valid treatment plan.

20. The video footage of the Licensee's diversion did not match the Licensee's written voluntary
    statement to Walgreens or recorded interview with OPLC.

21. The Licensee stated he put the clonazepam and zolpidem from the Londonderry store in his shirt
    pocket and the pills went through the laundry, but the video shows he placed the pills in his coat pocket.

22. The Licensee stated that the pill(s) from the Ossipee store were probably in his white coat and
    would have fallen out in his car, but the video from the incident shows he was not wearing a white coat and placed the pill in his shirt pocket. Based upon the findings of fact made by the Board, the Presiding Officer makes the following conclusions of law and renders the following legal opinion: 8

23. Hearing Counsel has proved, by preponderance of the evidence, that allowing the Respondent to
    remain in practice pending a full adjudication of the matter poses a threat to public health, safety, or welfare.

24. CONCLUSION AND DECISION:
    Pursuant to RSA 310:12, IV, RSA 541-A:30, III, and Rule 206.07, the Presiding Officer and the Board hereby uphold the emergency suspension of Justin Lachance's license to practice as a pharmacist in the State of New Hampshire pending final adjudication of the matter. DATED: 4/2/2026 /s/ Shane D. Goulet, Presiding Officer__________ Administrative Law Judge New Hampshire Office of Professional Licensure & Certification 7 Eagle Square Concord, NH 03301