Pubdate: Sat, 16 Apr 2005 Source: Oklahoman, The (OK) Copyright: 2005 The Oklahoma Publishing Co. Contact: http://www.oklahoman.com/ Details: http://www.mapinc.org/media/318 Author: Ty McMahan DRUGGIST CHARGED IN DEATH A pharmacist was charged Friday in Oklahoma County with second-degree murder and accused of illegally providing more than $86,000 in prescription drugs to a woman who died of a drug overdose. Authorities said it may be the first time a pharmacist has been charged with murder in connection with an overdose. James Milton Swaim, 57, of Piedmont is accused of accepting cash from a woman he believed to be homeless. In exchange, he gave her more than 19,000 tablets, according to an affidavit filed in Oklahoma County District Court. The tablets included hydromorphone, Endocet, OxyContin, meperidine and diazepam, the report stated. Creta Powers died April 19, 2002, of an OxyContin overdose, two days after obtaining her final prescription from Swaim's pharmacy, the report stated. According to the affidavit, agents with the state Bureau of Narcotics learned that in May 2001, Swaim began providing narcotics for Powers, who fraudulently obtained prescriptions for OxyContin and other controlled substances. Swaim owns and operates the Buy For Less Pharmacy, 2500 N Pennsylvania Ave., according to the affidavit. From Jan. 2, 2002, until April 28, 2002, Swaim's pharmacy provided an average of 163 tablets a day to Powers, according to the affidavit. Powers never produced documents for Medicaid or any other type of insurance, according to the affidavit. Mark Woodward, spokesman for the bureau, said it is uncommon to be able to trace back the source of drugs in an overdose. "We see a lot of drug-related overdoses, but as far as actually being able to tie it back to a pharmacist or a doctor -- that is very unusual," Woodward said. According to the affidavit, Swaim was suspended by the Oklahoma State Pharmacy Board in October 2004 for professional misconduct. According to the court document, Swaim agreed with the board to admit believing Powers may have been drug-dependent or addicted, that potential harm to filling Powers' fraudulent prescriptions should have been apparent to him and that he failed to exercise sound professional judgment with respect to the legitimacy of Powers' fraudulent prescriptions. Susan Dozal, administrative officer at the pharmacy board, said Swaim's suspension started Nov. 1, 2004, and lasted 28 days. She said he is currently on probation, but can fully practice as a pharmacist. Woodward said the drugs Swaim provided Powers were opiates or synthetic opiates similar to heroin. According to the Web site of the Center for Drug Evaluation and Research, there have been numerous reports of OxyContin abuse in several states. Some of the reported cases have been associated with death. The Federal Drug Administration has strengthened the warnings and precautions sections in the labeling of OxyContin. Prosecutors also included an alternative charge of manslaughter in the second degree and two separate counts of distribution of a controlled dangerous substance. Swaim was booked into the Oklahoma County jail Friday and held without bail. - --- MAP posted-by: Josh