The State of Vermont alleged that a pharmacy technician working in Rutland stole Tussionex, a schedule III mixture containing a narcotic drug, and drank it in May 2009. The State filed a Request for Summary Suspension dated October 8, 2009, arguing that public health, safety and welfare imperatively required emergency action.

The excerpt does not describe how the theft was discovered. By the time the State acted, the technician's registration had already lapsed on July 31, 2009. The State's concern was that, without board action on the record, she could still obtain pharmacy employment and regain access to narcotics.

The Board of Pharmacy found that the evidence did require emergency action to protect the public. In its findings of fact and conclusions of law, the Board revoked the technician's registration effective as of the date of the hearing.

The order was a final administrative determination of the Vermont Board of Pharmacy, with appeal rights noted in the decision.