-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, PWjjSqLM1m0I1rDIUtNZ8yWNRjOL+V+HppIBxWX6ujcuYBSCVFo4OvGvFPEPKKXt DQy12Lv35e9u49l4+Hxt6g== 0000950135-07-003130.txt : 20070514 0000950135-07-003130.hdr.sgml : 20070514 20070514102454 ACCESSION NUMBER: 0000950135-07-003130 CONFORMED SUBMISSION TYPE: 10-Q PUBLIC DOCUMENT COUNT: 6 CONFORMED PERIOD OF REPORT: 20070331 FILED AS OF DATE: 20070514 DATE AS OF CHANGE: 20070514 FILER: COMPANY DATA: COMPANY CONFORMED NAME: PSYCHEMEDICS CORP CENTRAL INDEX KEY: 0000806517 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-MEDICAL LABORATORIES [8071] IRS NUMBER: 581701987 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 10-Q SEC ACT: 1934 Act SEC FILE NUMBER: 001-13738 FILM NUMBER: 07844458 BUSINESS ADDRESS: STREET 1: 125 NAGOG PARK CITY: ACTON STATE: MA ZIP: 01720 BUSINESS PHONE: 978-206-8220 MAIL ADDRESS: STREET 1: 125 NAGOG PARK CITY: ACTON STATE: MA ZIP: 01720 10-Q 1 b65216pce10vq.htm PSYCHEMEDICS CORPORATION e10vq
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SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Form 10-Q
(Mark One)
     
þ   QUARTERLY REPORT UNDER SECTION 13 OR 15 (d) OF THE SECURITIES EXCHANGE ACT OF 1934
For quarterly period ended March 31, 2007
     
o   TRANSITION REPORT PURSUANT TO SECTION 13 OR 15 (d) OF THE SECURITIES EXCHANGE ACT OF 1934
For the transition period from                      to                     
Commission file number 1-13738
PSYCHEMEDICS CORPORATION
(exact name of Issuer as specified in its charter)
     
Delaware   58-1701987
(State or other jurisdiction of   (I.R.S. Employer
incorporation of organization)   Identification No.)
     
125 Nagog Park, Acton, MA   01720
(Address of principal executive offices)   (Zip Code)
Issuer’s telephone number, including area code (978) 206-8220
Check whether the issuer (1) filed all reports required to be filed by Section 13 or 15 (d) of the Exchange Act during the past 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.
Yes þ      No o
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, or a non-accelerated filer.
Large accelerated filer o      Accelerated filer o      Non-accelerated filer þ
Indicate by check mark whether the registrant is a shell company.
YES o      NO þ
Number of shares outstanding of only class of Issuer’s Common Stock as of May 14, 2007: Common Stock $.005 par value (5,199,047 shares).
 
 

 


 

PSYCHEMEDICS CORPORATION
                 
            Page No.
Part I FINANCIAL INFORMATION        
 
               
 
  Item 1   Financial Statements (Unaudited)        
 
               
 
      Condensed Balance Sheets as of March 31, 2007 and December 31, 2006     3  
 
               
 
      Condensed Statements of Income for the three months ended March 31, 2007 and 2006     4  
 
               
 
      Condensed Statements of Cash Flows for the three months ended March 31, 2007 and 2006     5  
 
               
 
      Notes to Condensed Financial Statements     6-11  
 
               
 
  Item 2   Management’s Discussion and Analysis of Financial Condition and Results of Operations     11-16  
 
               
 
  Item 3   Quantitative and Qualitative Disclosures about Market Risk     16  
 
               
 
  Item 4   Controls and Procedures     16  
 
               
Part II OTHER INFORMATION        
 
               
 
  Item 1A   Risk Factors     16  
 
               
 
  Item 6   Exhibits     16  
 
               
SIGNATURES     17  
 
               
EXHIBIT INDEX     18  
 Ex-10 February 16, 2007 letter agreement with Peter C. Monson
 Ex-31.1 Section 302 Certification of the C.E.O.
 Ex-31.2 Section 302 Certification of the Principal Accounting Officer
 Ex-32.1 Section 906 Certification of the C.E.O.
 Ex-32.2 Section 906 Certification of the Principal Accounting Officer

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PSYCHEMEDICS CORPORATION
CONDENSED BALANCE SHEETS
                 
    MARCH 31,     DECEMBER 31,  
    2007     2006  
    (Unaudited)          
ASSETS
               
CURRENT ASSETS:
               
Cash and cash equivalents
  $ 3,787,983     $ 4,180,235  
Short-term investments
    3,716,505       3,683,192  
Accounts receivable, net of allowance for doubtful accounts of $283,281 in 2007 and $333,281 in 2006
    3,462,224       3,196,384  
Prepaid expenses and other current assets
    1,141,793       818,693  
Deferred tax assets
    423,728       412,486  
 
           
Total current assets
    12,532,233       12,290,990  
 
               
PROPERTY AND EQUIPMENT:
               
Equipment and leasehold improvements, at cost
    10,547,749       10,376,718  
Less-accumulated depreciation and amortization
    (9,715,831 )     (9,630,190 )
 
           
 
    831,918       746,528  
DEFERRED TAX ASSETS
    183,555       183,555  
OTHER ASSETS, NET
    39,830       39,830  
 
           
 
  $ 13,587,536     $ 13,260,903  
 
           
 
               
LIABILITIES AND SHAREHOLDERS’ EQUITY
               
CURRENT LIABILITIES:
               
Accounts payable
  $ 228,406     $ 499,420  
Accrued expenses
    721,174       865,575  
Deferred revenue
    360,630       392,403  
 
           
Total current liabilities
    1,310,210       1,757,398  
 
SHAREHOLDERS’ EQUITY:
               
Preferred stock, $0.005 par value; 872,521 shares authorized; none issued or outstanding
           
Common stock; $0.005 par value; 50,000,000 shares authorized; 5,779,844 shares and 5,756,044 shares issued in 2007 and 2006, respectively
    28,899       28,780  
Paid-in capital
    25,996,730       25,609,800  
Accumulated deficit
    (4,625,612 )     (5,012,384 )
Less — Treasury stock, at cost; 583,797 shares
    (9,122,691 )     (9,122,691 )
 
           
 Total shareholders’ equity
    12,277,326       11,503,505  
 
           
 
  $ 13,587,536     $ 13,260,903  
 
           
See accompanying notes to financial statements and management’s discussion and
analysis of financial condition and results of operations.

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PSYCHEMEDICS CORPORATION
CONDENSED STATEMENTS OF INCOME
(unaudited)
                 
    THREE MONTHS  
    ENDED MARCH 31,  
    2007     2006  
               
REVENUE
  $ 5,716,606     $ 5,066,730  
COST OF REVENUE
    2,454,481       2,116,149  
 
           
Gross profit
    3,262,125       2,950,581  
 
               
EXPENSES:
               
General and administrative
    832,453       763,981  
Marketing and selling
    704,644       665,567  
Research and development
    94,923       112,578  
 
           
 
    1,632,020       1,542,126  
 
           
 
               
OPERATING INCOME
    1,630,105       1,408,455  
 
               
INTEREST INCOME
    96,404       58,710  
 
           
 
               
INCOME BEFORE INCOME TAXES
    1,726,509       1,467,165  
 
               
PROVISION FOR INCOME TAXES
    691,600       545,000  
 
               
 
           
NET INCOME
  $ 1,034,909     $ 922,165  
 
           
 
               
BASIC NET INCOME PER SHARE
  $ 0.20     $ 0.18  
 
           
 
               
DILUTED NET INCOME PER SHARE
  $ 0.20     $ 0.18  
 
           
 
               
DIVIDENDS DECLARED PER SHARE
  $ 0.125     $ 0.10  
 
           
 
               
WEIGHTED AVERAGE COMMON SHARES OUTSTANDING, BASIC
    5,179,250       5,167,097  
 
           
 
               
WEIGHTED AVERAGE COMMON SHARES OUTSTANDING, DILUTED
    5,264,708       5,209,456  
 
           
See accompanying notes to financial statements and management’s discussion and
analysis of financial condition and results of operations.

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PSYCHEMEDICS CORPORATION
CONDENSED STATEMENTS OF CASH FLOWS
(unaudited)
                 
    THREE MONTHS  
    ENDED MARCH 31,  
    2007     2006  
               
CASH FLOWS FROM OPERATING ACTIVITIES:
               
Net income
  $ 1,034,909     $ 922,165  
Adjustments to reconcile net income to net cash provided by (used in) operating activities:
               
Depreciation and amortization
    85,641       78,523  
Stock-based compensation expense
    31,394       7,644  
Deferred income taxes
    (11,242 )      
Changes in current assets and liabilities:
               
Accounts receivable
    (265,840 )     (108,177 )
Prepaid expenses and other current assets
    (323,100 )     (319,078 )
Accounts payable
    (271,014 )     (105,422 )
Accrued expenses
    (144,401 )     (552,590 )
Deferred revenue
    (31,773 )     12,176  
 
           
Net cash provided by (used in) operating activities
    104,574       (64,759 )
 
               
CASH FLOWS FROM INVESTING ACTIVITIES:
               
Purchases of short-term investments
    (33,313 )     (500,000 )
Purchases of property and equipment
    (171,031 )     (16,160 )
 
           
Net cash used in investing activities
    (204,344 )     (516,160 )
 
               
CASH FLOWS FROM FINANCING ACTIVITIES:
               
Tax benefit associated with exercise of options
    22,385        
Cash dividends paid
    (648,137 )     (516,710 )
Net proceeds from the exercise of options
    333,270        
 
           
Net cash used in financing activities
    (292,482 )     (516,710 )
 
           
 
               
NET DECREASE IN CASH AND CASH EQUIVALENTS
    (392,252 )     (1,097,629 )
CASH AND CASH EQUIVALENTS, beginning of period
    4,180,235       3,352,519  
 
           
CASH AND CASH EQUIVALENTS, end of period
  $ 3,787,983     $ 2,254,890  
 
           
See accompanying notes to financial statements and management’s discussion and
analysis of financial condition and results of operations.

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PSYCHEMEDICS CORPORATION
NOTES TO CONDENSED FINANCIAL STATEMENTS
March 31, 2007
1. Interim Financial Statements
The accompanying unaudited interim financial statements have been prepared in accordance with generally accepted accounting principles for interim financial information and pursuant to the rules and regulations of the Securities and Exchange Commission for reporting on Form 10-Q. Accordingly, certain information and footnote disclosure required for complete financial statements are not included herein. It is recommended that these financial statements be read in conjunction with the financial statements and related notes of Psychemedics Corporation (the “Company”) as reported in the Company’s Annual Report on Form 10-K for the year ended December 31, 2006. In the opinion of management, all adjustments (consisting of normal recurring adjustments) considered necessary for a fair presentation of financial position, results of operations, and cash flows at the dates and for the periods presented have been included. The results of operations for the three months ended March 31, 2007 may not be indicative of the results that may be expected for the year ending December 31, 2007, or any other period.
2. Stock-Based Compensation
The Company adopted Statement of Financial Accounting Standards No. 123 (revised 2004), Share-Based Payment, (SFAS 123R) effective January 1, 2006. SFAS 123R requires the recognition of the fair value of stock-based compensation as a charge against earnings. The Company recognizes stock-based compensation expense over the requisite service period of the individual grantees, which generally equals the vesting period. Based on the provisions of SFAS 123R, the Company’s stock-based compensation is accounted for as equity instruments. Prior to January 1, 2006, the Company followed Accounting Principles Board (APB) Opinion 25, Accounting for Stock Issued to Employees, and related interpretations in accounting for stock-based compensation. The Company elected the modified prospective transition method for adopting SFAS 123R. Under this method, the provisions of SFAS 123R apply to all awards granted or modified after the date of adoption, as well as to the future vesting of awards granted and not vested as of the date of adoption.
On March 22, 2006 the Company adopted a new stock-based plan (the “2006 Equity Incentive Plan”) for officers, directors, employees and consultants, which was approved by the Company’s shareholders at the 2006 Annual Shareholders’ meeting. Under the 2006 Equity Incentive Plan, the Company is authorized to grant options with terms of up to ten years, grant restricted stock, issue stock bonuses or grant other stock-based awards. As of March 31, 2007, a total of 250,000 shares of common stock were reserved for issuance under the 2006 Equity Incentive Plan.
The Company also has stock option plans that have expired, but shares can be issued upon exercise of outstanding options that were granted prior to such expiration. Activity for these plans is included in this footnote. Options granted under the plans consisted of both non-qualified and incentive stock options and were granted in each case at a price that was not less than the fair

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market value of the common stock at the date of grant. These options generally have lives of ten years and vest either immediately or over periods up to four years.
Under the provisions of SFAS 123R, the Company recorded $31,394 and $7,644 of stock-based compensation in the accompanying statements of income for the three months March 31, 2007 and 2006, respectively. The Company granted 26,700 stock unit awards (“SUAs”) to certain members of management and its directors on May 11, 2006. The fair value of the SUAs was $16.70 per share, which was the closing price of the Company’s stock on May 11, 2006. The SUAs vest over a period of two to four years and are convertible into an equivalent number of shares of the Company’s common stock provided that the awardee remains continuously employed, or continues to serve as a director, as the case may be, throughout the vesting periods. No stock-based awards were granted or modified during the three months ended March 31, 2007.
SFAS 123R requires the measurement of the fair value of stock options or warrants to be included in the statement of income or disclosed in the notes to financial statements. The Company has computed the value of options using the Black-Scholes option pricing model.
A summary of stock option activity for the Company’s expired stock option plans for the three months ended March 31, 2007 is as follows:
                                 
                    Weighted        
            Weighted     Average        
    Number     Average     Remaining     Aggregate  
    of     Exercise     Contractual     Intrinsic  
    Shares     Price Per Share     Life     Value (1)  
Outstanding, December 31, 2006
    527,858     $ 15.79                  
Granted
                           
Exercised
    (23,800 )     14.00             $ 65,234  
Terminated
    (26,095 )     22.23                  
 
                             
Outstanding, March 31, 2007
    477,963     $ 15.53     5.8 years   $ 1,025,712  
 
                           
Exercisable, March 31, 2007
    477,113     $ 15.54     5.8 years   $ 1,018,691  
 
                           
Available for grant, March 31, 2007
                             
 
                             
 
(1)   The aggregate intrinsic value on this table was calculated based on the amount, if any, by which the closing market value of the Company’s stock on March 31, 2007 ($16.91) exceeded the exercise price of the underlying options, multiplied by the number of shares subject to each option. The aggregate intrinsic value for the options exercised was calculated based on the amount by which the average closing market value of the Company’s stock on the dates of exercise ($16.77) exceeded the exercise price of the underlying options, multiplied by the number of shares subject to each option.

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A summary of activity for SUAs for the three months ended March 31, 2007 is as follows:
                 
    Number     Aggregate  
    of     Intrinsic  
    Shares     Value (2)  
Outstanding, December 31, 2006
    26,700          
Granted
             
Vested
             
Terminated
    (2,000 )        
 
             
Outstanding, March 31, 2007
    24,700     $ 417,677  
 
             
Available for grant, March 31, 2007
    225,300          
 
             
 
(2)   The aggregate intrinsic value on this table was calculated based on the closing market value of the Company’s stock on March 31, 2007 ($16.91).
As of March 31, 2007, a total of 727,963 shares of common stock were reserved for issuance under the various stock option and stock-based plans. As of March 2007, the fair value of awards relating to stock options had been fully amortized. As of March 31, 2007, the unamortized fair value of awards relating to SUAs was $306,443.
3. Basic and Diluted Net Income Per Share
Basic net income per share is computed by dividing net income by the weighted average number of common shares outstanding during the period. Diluted net income per share is computed by dividing net income by the weighted average number of common and dilutive common equivalent shares outstanding during the period. The number of dilutive common equivalent shares outstanding during the period has been determined in accordance with the treasury-stock method. Common equivalent shares consist of common stock issuable upon the exercise of outstanding options.
Basic and diluted weighted average common shares outstanding are as follows:
                 
    Three Months Ended  
    March 31,     March 31,  
    2007     2006  
Weighted average common shares outstanding
    5,179,250       5,167,097  
Dilutive common equivalent shares
    85,458       42,359  
 
           
Weighted average common shares outstanding, assuming dilution
    5,264,708       5,209,456  
 
           
For the three months ended March 31, 2007 and 2006, options to purchase 137,136 and 200,919 common shares, respectively, were outstanding but not included in the diluted weighted average common share calculation as the effect would have been antidilutive.

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4. Revenue Recognition
The Company performs drug testing as well as provides training for collection of samples and storage of positive samples for its customers for an agreed-upon fee per unit tested of samples. The revenues are recognized when the predominant deliverable, drug testing, is provided and reported to the customer. The Company also provides expert testimony, when and if necessary, to support the results of the tests, which is generally billed separately and recognized as the services are provided.
In 2003, the Company adopted Emerging Issue Task Force (“EITF”) Issue No. 00-21, Revenue Arrangements with Multiple Deliverables, which was effective for all transactions entered into subsequent to June 15, 2003. The Company applied the consensus reached under EITF 00-21 and concluded that the testing, training and storage elements are considered one unit of accounting for revenue recognition purposes as the training and storage costs do not have stand-alone value to the customer. The Company has concluded that the predominant deliverable in the arrangement is the testing of the units and has recognized revenue as that service is performed and reported to the customer.
Deferred revenue represents payments received in advance of the performance of drug testing procedures. Deferred revenue is recognized as revenue when the underlying test results are delivered. With respect to a portion of these transactions, there may be instances where the customer ultimately does not require performance. Revenue is then recognized when the Company can reasonably, reliably and objectively determine that it is remote that performance will be required for an estimable portion of transactions. The Company recorded $49,327 of revenue in the results of operations in the first quarter of 2007 related to test kits that were sold for which the Company’s obligations to provide service were deemed remote.
At March 31, 2007 and December 31, 2006, the Company had deferred revenue of approximately $361,000 and $392,000, respectively, reflecting sales of its personal drug testing service for which the performance of the related test had not yet occurred and future obligations were not deemed remote.
5. Recent Accounting Pronouncements
In July 2006, the Financial Accounting Standards Board (“FASB”) issued FASB Interpretation No. 48, Accounting for Uncertainty in Income Taxes (“FIN 48”), an interpretation of Statement of Financial Accounting Standards No. 109, Accounting for Income Taxes. FIN 48 clarifies the accounting for uncertainty in income taxes recognized in a company’s financial statements and prescribes a recognition threshold and measurement process for financial statement recognition and measurement of a tax position taken or expected to be taken in a tax return. FIN 48 also provides guidance on derecognition, classification, interest and penalties, accounting in interim periods, disclosure and transition and will become effective for the Company for fiscal years beginning after December 15, 2006. The Company has adopted FIN48 without material effect in the financial statements. The Company’s evaluation was performed for the tax years ended December 31, 2003, 2004, 2005 and 2006, the tax years which remain subject to examination by major tax jurisdictions as of March 31, 2007.

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In September 2006, the FASB issued SFAS No. 157, Fair Value Measurements (“SFAS 157”). SFAS 157 provides guidance for using fair value to measure assets and liabilities. It also responds to investors’ requests for expanded information about the extent to which companies measure assets and liabilities at fair value, the information used to measure fair value, and the effect of fair value measurements on earnings. SFAS 157 applies whenever other standards require (or permit) assets or liabilities to be measured at fair value, and does not expand the use of fair value in any new circumstances. SFAS 157 is effective for financial statements issued for fiscal years beginning after November 15, 2007 and is required to be adopted by the Company in fiscal 2008. The Company is currently evaluating the effect that the adoption of SFAS 157 will have on its results of operations and financial condition but does not expect it to have a material impact.
In September 2006, the SEC issued SAB No. 108, Considering the Effects of Prior Year Misstatements when Quantifying Misstatements in Current Year Financial Statements (“SAB 108”). SAB 108 provides guidance on the consideration of the effects of prior year misstatements in quantifying current year misstatements for the purpose of a materiality assessment. SAB 108 establishes an approach that requires quantification of financial statement errors based on the effects of each of the company’s balance sheet and statement of operations and the related financial statement disclosures. Early application of the guidance in SAB 108 is encouraged in any report for an interim period of the first fiscal year ending after November 15, 2006. The adoption of SAB 108 did not have an impact on the Company’s results of operations and financial condition.
In fiscal 2006, the FASB issued SFAS No. 154, Accounting Changes and Error Corrections (“SFAS 154”), which replaces APB Opinion No. 20, Accounting Changes and SFAS No.3, Reporting Accounting Changes in Interim Financial Statements — An Amendment of APB Opinion No. 28. SFAS 154, which was adopted by the Company in fiscal 2006, provides guidance on the accounting for and reporting of accounting changes and error corrections. It establishes retrospective application, or the latest practicable date, as the required method for reporting a change in accounting principle and the reporting of a correction of an error.
In February 2007, the FASB issued SFAS No. 159, The Fair Value Option for Financial Assets and Financial Liabilities (“SFAS 159”) including an amendment of FASB Statement No. 115. SFAS 159 permits companies to choose to measure certain financial instruments and certain other items at fair value. The standard requires that unrealized gains and losses on items for which the fair value option has been elected be reported in earnings. SFAS 159 is effective for the Company beginning in the first quarter of year 2008, although earlier adoption without effect is permitted. The Company is currently assessing the impact of SFAS 159 but does not presently anticipate it will have a material impact on the Company’s results of operations and financial condition.
6. Contingencies
The Company is subject to legal proceedings and claims, which arise in the ordinary course of its business. The Company believes that based upon information available to the Company at this time, the expected outcome of these matters would not have a material impact on the Company’s results of operations or financial condition.

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7. Subsequent Event — Dividends
On May 3, 2007, the Company declared a quarterly dividend of $0.15 per share, which will be paid on June 22, 2007 to shareholders of record on June 8, 2007.
Item 2
MANAGEMENT’S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS
FACTORS THAT MAY AFFECT FUTURE RESULTS
From time to time, information provided by the Company or statements made by its employees may contain “forward-looking” information which involves risks and uncertainties. In particular, statements contained in this report which are not historical facts (including, but not limited to, the Company’s expectations regarding revenues, business strategy, general and administrative expenses, marketing and selling expenses, research and development expenses, anticipated operating results, strategies with respect to governmental agencies and regulations, cash dividends, cost savings, capital expenditures and anticipated cash requirements) may be “forward-looking” statements. The Company’s actual results may differ from those stated in any “forward-looking” statements. Factors that may cause such differences include, but are not limited to, employee hiring practices of the Company’s principal customers, development of markets for new products and services offered by the Company, the economic health of principal customers of the Company, financial and operational risks associated with possible expansion of testing facilities used by the Company, government regulation (including, but not limited to, Food and Drug Administration regulations), competition and general economic conditions. With respect to the continued payment of cash dividends, factors include, but are not limited to, available surplus, cash flow, capital expenditure reserves required, and other factors that the Board of Directors of the Company may take into account.
OVERVIEW
Psychemedics Corporation was incorporated in 1986. The Company utilizes a patented hair analysis method involving radioimmunoassay technology and mass spectrometry confirmation to analyze human hair to detect abused substances.
The Company set new first quarter records for both revenue and net income during the three months ended March 31, 2007. Revenue was $5.7 million for the first quarter of 2007, 13% above revenue of $5.1 million for the first quarter of 2006. The Company reported net income of $0.20 per share in the quarter ended March 31, 2007 and net income of $0.18 per share in the quarter ended March 31, 2006. At March 31, 2007, the Company had $7.5 million of cash, cash equivalents, and short-term investments. During the first quarter of 2007, the Company distributed $0.6 million, or $0.125 per share, of cash dividends to its shareholders. The Company has paid forty-two consecutive quarterly cash dividends.
RESULTS OF OPERATIONS

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Revenue was $5,716,606 for the three months ended March 31, 2007 as compared to $5,066,730 for the comparable period of 2006, representing an increase of 13%. The increase in revenue for the first quarter of 2007 was due to an increase of 14% in testing volume from both new and existing clients, while the average revenue per sample decreased by 2% as compared to the comparable period of 2006. The Company’s revenue also included the recognition of $49,327 of deferred revenue pertaining to prior sales of the Company’s PDT 90 product, which the Company continues to sell to parents who are concerned about drug abuse by their children. The Company continued to add approximately the same number of new clients in the first quarter of 2007 as it did in the first quarter of 2006.
Gross margin was 57% of revenue for the three months ended March 31, 2007, as compared to 58% for the comparable period of 2006. Even though testing volume increased by 14% and fixed and semi-variable direct costs were spread over a greater number of tests performed, gross margin decreased primarily due to the decrease in average revenue per sample of 2% along with a slight increase in labor costs for the three months ended March 31, 2007, as compared to the same period of 2006.
General and administrative (“G&A”) expenses were $832,453 for the three months ended March 31, 2007 as compared to $763,981 for the comparable period of 2006, representing an increase of 9%. The increase in general and administrative expenses was due primarily to an increase in personnel expenses and legal fees, partially offset by a decrease in bad debt expense. All other general and administrative expenses remained relatively constant. As a percentage of revenue, G&A expenses represented 15% of revenues in both the first quarter of 2007 and 2006. The Company expects general and administrative expenses to remain relatively flat in absolute dollars and decrease as a percentage of revenue during the remainder of 2007 unless the Company is required to fully comply with the internal control testing and attestation provisions of Sarbanes-Oxley by December 31, 2007 based on its June 30, 2007 market capitalization, in which case it will incur increased professional fees and costs related to Sarbanes-Oxley testing and compliance.
Marketing and selling expenses were $704,644 for the three months ended March 31, 2007 as compared to $665,567 for the comparable period of 2006, an increase of 6%. This increase was due primarily to various operational expenses pertaining to the Company’s sales support staff for the three months ended March 31, 2007 as compared to the comparable period of 2006. Total marketing and selling expenses represented 12% of revenues in the first quarter of 2007 and 13% of revenues in the first quarter of 2006. The Company expects marketing and selling expenses to increase in absolute dollars and decrease as a percentage of revenue during the remainder of 2007 as resources are committed to direct selling efforts to aggressively promote its drug testing services in order to expand its client base.
Research and development (“R&D”) expenses were $94,923 for the three months ended March 31, 2007 as compared to $112,578 for the comparable period of 2006, a decrease of 16%. This decrease was primarily due to a reduction in personnel expenses. R&D expenses represented 2% of revenues for the three months ended March 31, 2007 and March 31, 2006. The Company expects research and development expenses to remain relatively flat during the remainder of 2007.

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Interest income for the three months ended March 31, 2007 increased by $37,694 as compared to the comparable period of 2006 and represented interest and dividends earned on cash equivalents and short-term investments. Higher average investment balances along with an increase in the yield on investment balances in 2007 as compared to 2006 caused the increase in interest income.
During the three months ended March 31, 2007, the Company recorded a tax provision of $691,600 reflecting an effective tax rate of 40.0% as compared to a tax provision of $545,000 reflecting an effective tax rate of 37.1% for the three months ended March 31, 2006. The increase in the effective tax rates for 2007 as compared to 2006 was due primarily to state income taxes.
LIQUIDITY AND CAPITAL RESOURCES
At March 31, 2007, the Company had approximately $7.5 million of cash, cash equivalents and short-term investments. The Company’s operating activities provided net cash of $104,574 in the three months ended March 31, 2007. Investing activities used $204,344 in the three month period while financing activities used a net amount of $292,482 during the period.
Cash provided by operating activities of $104,574 principally reflected net income of $1,034,909 adjusted for depreciation and amortization of $85,641, partially offset by an increase in accounts receivable and prepaid expenses along with a lesser decrease in accrued expenses and accounts payable. The increase in accounts receivable was due to the increase in revenue during the first quarter of 2007 in comparison to the fourth quarter of 2006. The decrease in accrued expenses was due to the payment during the first quarter of increased income tax amounts and of bonus expense that was accrued as of December 31, 2006. The increase in prepaid expenses was due primarily to the payment of annual insurance premiums during the first quarter of 2007.
Investing cash flow principally reflects the purchase of short-term investments and capital expenditures. During the three months ended March 31, 2007, the Company purchased $33,313 of Taxable Auction Rate Preferred, 7 and 28 day Dutch Auction securities and securities issued by the U.S. Government. Capital expenditures in the first three months of 2007 were $171,031. The expenditures primarily consisted of new equipment, including laboratory and computer equipment. The Company currently plans to make capital expenditures of approximately $700,000 in 2007, primarily in connection with the purchase of additional laboratory and computer equipment. The Company believes that within the next two to five years it may be required to expand its existing laboratory or develop a second laboratory, the cost of which is currently believed to range from $2 million to $5 million, which the Company expects to fund primarily through its operating cash flows.
During the three months ended March 31, 2007, the Company distributed $648,137 in cash dividends to its shareholders. During the three months ended March 31, 2007, the Company realized $22,385 in tax benefits and $333,270 in proceeds from the exercise of stock options. The Company did not repurchase any shares for treasury during the quarter ended March 31, 2007. The Company has authorized 500,000 shares for repurchase since June of 1998, of which 466,351 shares have been repurchased.

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Table of Contents

Contractual obligations as of March 31, 2007 were as follows:
                                         
    Less Than     1-3     4-5     After 5        
    One Year     Years     years     Years     Total  
Operating leases
  $ 492,000       992,000       732,000       226,000     $ 2,442,000  
Purchase commitment
    294,000                         294,000  
 
                             
 
  $ 786,000     $ 992,000     $ 732,000     $ 226,000     $ 2,736,000  
Purchase Commitment
The Company has a supply agreement with a vendor which requires the Company to purchase isotopes used in its drug testing procedures from this sole supplier in exchange for variable annual payments based upon prior year purchases. Purchases amounted to $146,991 for the three months ended March 31, 2007 as compared to $135,958 for the comparable period of 2006. The Company expects to purchase approximately $441,000 for the remainder of 2007. In exchange for exclusivity, the supplier has provided the Company with the right to purchase the isotope technology at fair market value under certain conditions, including the failure to meet the Company’s purchase commitments. This agreement does not include a fixed termination date; however, it is cancelable upon mutual agreement by both parties or six months after termination notice by the Company of its intent to use a different technology in connection with its drug testing procedures.
At March 31, 2007, the Company’s principal sources of liquidity included an aggregate of approximately $7.5 million of cash, cash equivalents and short-term investments. Management currently believes that such funds, together with cash generated from operations, should be adequate to fund anticipated working capital requirements and capital expenditures in the near term. Depending upon the Company’s results of operations, its future capital needs and available marketing opportunities, the Company may use various financing sources to raise additional funds. Such sources could potentially include joint ventures, issuances of common stock or debt financing, although the Company does not have any such plans at this time. At March 31, 2007, the Company had no long-term debt.
CRITICAL ACCOUNTING POLICIES
Management believes the most critical accounting policies are as follows:
Revenue Recognition
The Company is in the business of performing drug testing and reporting the results thereof. The Company’s drug testing services include training for collection of samples and storage of positive samples for its customers for an agreed-upon fee per unit tested of samples. The revenues are recognized when the predominant deliverable, drug testing, is provided and reported to the customer. The Company also provides expert testimony, when and if necessary, to support the test results, which is generally billed separately and recognized as the services are provided.

14


Table of Contents

In 2003, the Company adopted Emerging Issue Task Force (“EITF”) Issue No. 00-21, Revenue Arrangements with Multiple Deliverables, which was effective for all transactions entered into subsequent to June 15, 2003. The Company applied the consensus reached under EITF 00-21 and concluded that the testing, training and storage elements are considered one unit of accounting for revenue recognition purposes as the training and storage costs are de minimis and do not have stand-alone value to the customer. The Company has concluded that the predominant deliverable in the arrangement is the testing of the units and has recognized revenue as that service is performed and reported to the customer.
Deferred revenue represents payments received in advance of the performance of drug testing procedures. Deferred revenue is recognized as revenue when the underlying test results are delivered. With respect to a portion of these transactions, there may be instances where the customer ultimately does not require performance. Revenue is then recognized when the Company can reasonably, reliably and objectively determine that it is remote that performance will be required for an estimable portion of transactions. The Company recorded $49,327 of revenue in the first quarter of 2007 related to test kits that were previously sold for which revenue had not been recognized and the Company’s obligations to provide service was deemed remote.
Estimates
The preparation of financial statements in conformity with accounting principles generally accepted in the United States requires management to make estimates, including bad debts and income taxes, and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates.
Allowance for Doubtful Accounts
The allowance for doubtful accounts is based on management’s assessment of the collectibility of its customer accounts. Management reviews its accounts receivable aging for doubtful accounts and specifically identifies accounts that may not be collectible. The Company routinely assesses the financial strength of its customers and, as a consequence, believes that its accounts receivable credit risk exposure is limited. The Company maintains an allowance for potential credit losses but historically has not experienced any significant losses related to individual customers or groups of customers in any particular industry or geographic area. Bad debt expense has been within management’s expectations.
Income Taxes
The Company accounts for income taxes using the liability method, which requires the Company to recognize a current tax liability or asset for current taxes payable or refundable and a deferred tax liability or asset for the estimated future tax effects of temporary differences between the financial statement and tax reporting bases of assets and liabilities to the extent that they are realizable. Deferred tax expense (benefit) results from the net change in deferred tax assets and liabilities during the year. A deferred tax valuation allowance is required if it is more likely than not that all or a portion of the recorded deferred tax assets will not be realized.

15


Table of Contents

The Company operates within multiple taxing jurisdictions and could be subject to audit in these jurisdictions. These audits may involve complex issues, which may require an extended period of time to resolve. The Company has provided for its estimated taxes payable in the accompanying financial statements.
The above listing is not intended to be a comprehensive list of all of the Company’s accounting policies. In many cases, the accounting treatment of a particular transaction is specifically dictated by accounting principles generally accepted in the United States, with no need for management’s judgment in their application. There are also areas in which management’s judgment in selecting any available alternative would not produce a materially different result.
Item 3. Quantitative and Qualitative Disclosures about Market Risk
Interest Rate Sensitivity. The Company maintains a short-term investment portfolio consisting principally of money market securities, Taxable Auction Rate Preferred, 7 and 28 day Dutch Auction securities and securities issued by the U.S. Government that are not sensitive to sudden interest rate changes.
Item 4. Controls and Procedures
As of the date of this report, our Chief Executive Officer performed an evaluation of the effectiveness of the design and operation of the Company’s disclosure controls and procedures pursuant to Exchange Act Rule 13a-14. Based upon that evaluation, the Chief Executive Officer concluded that the Company’s disclosure controls and procedures are effective in ensuring the reporting of material information required to be included in the Company’s periodic filings with the Securities and Exchange Commission. There were no significant changes in the Company’s internal controls over financial reporting or in other factors that could significantly affect these internal controls over financial reporting subsequent to the date of the most recent evaluation.
PART II OTHER INFORMATION
Item 1A. Risk Factors
There have been no material changes in our risk factors from those disclosed in our 2006 Annual Report on Form 10-K.
Item 6.   Exhibits
See Exhibit Index included in this Report

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Table of Contents

SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.
         
    Psychemedics Corporation
 
       
Date: May 14, 2007
  By:   /s/ Raymond C. Kubacki, Jr.
 
       
    Raymond C. Kubacki, Jr.
    Chairman and Chief Executive Officer
    (principal executive officer)
 
       
Date: May 14, 2007
  By:   /s/ Thomas M. Harty
 
       
    Thomas M. Harty
    Accounting Manager
    (principal accounting officer)

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Table of Contents

PSYCHEMEDICS CORPORATION
FORM 10-Q
March 31, 2007
EXHIBIT INDEX
             
        Page No.
10
  February 16, 2007 letter agreement with Peter C. Monson     19  
 
           
31.1
  Certification of the Chief Executive Officer pursuant to Section 302 of the Sarbanes-Oxley Act of 2002     22  
 
           
31.2
  Certification of the Principal Accounting Officer pursuant to Section 302 of the Sarbanes-Oxley Act of 2002     24  
 
           
32.1
  Certification of the Chief Executive Officer Pursuant to 18 U.S.C. Section 1350 as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002     26  
 
           
32.2
  Certification of the Principal Accounting Officer pursuant to 18 U.S.C. Section 1350 as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002     27  

18

EX-10 2 b65216pcexv10.htm EX-10 FEBRUARY 16, 2007 LETTER AGREEMENT WITH PETER C. MONSON exv10
 

Exhibit 10
[FEBRUARY 16, 2007 LETTER AGREEMENT WITH PETER C. MONSON]
February 16, 2007
Peter C. Monson
Psychemedics Corporation
125 Nagog Park
Suite 200
Acton, MA 01720
Dear Peter:
          This letter will serve as an Agreement (the “Agreement” or “letter Agreement”) between you and Psychemedics Corporation (the “Company”), concerning the terms and conditions of your separation from employment.
          1. You and the Company have agreed that your employment with the Company will terminate effective with the close of business on March 31, 2007 (the “Termination Date”).
          2. On or before the Termination Date the Company will pay you your accrued salary and all accrued vacation through the Termination Date. Effective on the Termination Date, provided that you have faithfully performed your obligations as CFO of the Company through the Termination Date, including the preparation execution and filing of the Company’s Form 10-K and Proxy Statement and related certificates, the Company will begin to pay you severance in the form of continuation of your current base salary for a period of fourteen weeks through the week ending July 7, 2007. (The period from April 1, 2007 through July 7, 2007 is hereafter sometimes referred to as the “Severance Period”). Such payments will be made when the Company normally makes its payments of payroll and shall be subject to all required tax withholding and withholding for any permitted employee benefits in which you have chosen to participate. In addition, the Company will continue to contribute its share of your health insurance premiums during the Severance Period and will reimburse you for such payments as you are required to make to maintain your existing coverage under the Title X of the Consolidated Omnibus Budget Reconciliation Act of 1988 as amended (COBRA) for the period from the expiration of the Severance Period through September 30, 2007 (the “COBRA Reimbursement Period”). The Company will provide to you the appropriate forms and instructions necessary to allow you, effective as of the expiration of the Severance Period, to participate in the continuation of benefit plans in accordance with the terms of COBRA. All payments provided for in this Section 2, other than the payment for accrued salary and vacation, are hereafter sometimes referred to as the “Severance Benefits”.
          3. If, during the Severance Period or the COBRA Reimbursement Period, you accept full time employment with health benefits from another employer, the Company will no longer be obligated to maintain your coverage under the Company’s health plan or to make payments of health insurance premiums on your behalf. By signing this Agreement you represent to the Company that you will promptly inform the Company, in the event that you accept such full time employment with benefits. You acknowledge that your failure to so notify the Company, may result in an action by the Company, to recover monies paid to you in violation of the terms of this Agreement.
          4. In consideration of the promises made by the Company, to you in this Agreement, you hereby fully and finally forever discharge the Company, from any and all claims, causes of actions and/or liabilities of any type in law or in equity arising out of any circumstances concerning your employment with the Company, and/or termination of employment from the Company, whether known or unknown and/or asserted or unasserted, including, but not limited to, claims that have been or could have been asserted under Title VII of the Civil Rights Act of 1964, The Age Discrimination in Employment Act, The Civil Rights Act of 1991, The Family and Medical Leave Act of 1993, The Employee Retirement Income Security Act, The Rehabilitation Act of 1973, The Americans With Disabilities Act of 1990 and/or any other state, federal or municipal employment

19


 

statutes (including but not limited to claims based on age, sex, attainment of benefit plan rights, race, religion, handicap, retaliation, and veteran status), and/or any other federal, state, or local statute, law, ordinance, regulation and/or pursuant to any other theory whatsoever, including but not limited to claims related to implied or expressed employment contracts, defamation, public policy or tort claims, and common law claims, or pursuant to any other theory or claim whatsoever, arising out of or related to your employment with the Company, and/or your termination of employment from the Company, and/or any other occurrence from the beginning of time to the date of this Agreement, whether presently asserted or otherwise, and it is expressly understood that this Agreement is a General Release of any and all claims that you may have against the Company related to your employment or the termination thereof, except that nothing in this General Release shall act as a release of any rights to indemnification you may have under the Company’s By Laws, any rights under any written pension or welfare plan or under any currently effective written stock option agreement or as a release of any claims for breach of this Agreement.
          5. You agree that you are entering into this letter Agreement of your own free will in order to receive the payments and benefits described above. You understand that the Company would not provide Severance Benefits to you without your voluntary consent to this letter Agreement and the fulfillment of the promises contained herein.
          6. You agree not to make any statement, oral or written, publicly or in private, which is reasonably foreseeable as harming the company’s reputation as an employer, or impacts negatively on the Company’s business reputation or its reputation in the community. Any violation of this paragraph will be deemed a breach of this letter Agreement obligating you to return immediately all of the Severance Benefits paid to you under the terms of this letter Agreement.
          7. You hereby represent that, on or before the Termination Date, you will return all documents, records and property of any kind in your possession or control that belong to the Company and will resign as CFO, Treasurer, Assistant Secretary and from any other positions with the Company.
          8. You will be afforded at least twenty-one (21) days to consider the meaning and effect of this letter Agreement. You may wish to consult with an attorney and you acknowledge that you have had the opportunity to do so. Any changes to the offer, whether material or otherwise, do not restart the running of the 21-day consideration period.
          9. You may revoke this letter Agreement for a period of seven (7) days following the day you execute this letter Agreement. Any revocation within this period must be submitted, in writing, to me and must state, “I hereby revoke my acceptance of the letter Agreement.” The revocation must be personally delivered to me or mailed, postage prepaid, to me at Psychemedics Corporation, 125 Nagog Park, Suite 200, Acton, MA 01720 and must be postmarked within seven (7) days after the date on which you sign this letter Agreement. This letter Agreement shall not become effective or enforceable until the revocation period has expired. If the last day of the revocation period is a Saturday, Sunday, or legal holiday in Massachusetts, then the revocation period shall not expire until the next following day which is not a Saturday, Sunday, or legal holiday.
     10. You confirm that no claim, charge, complaint or action arising out of the termination of your employment exists in any forum or form. In the event that such claim, charge, complaint or action is filed, you shall not be entitled to recover any relief or recovery there from, including costs and attorneys’ fees.
          11. This letter Agreement may not be modified, altered or changed except upon signed written consent of both parties.
     12. This letter Agreement represents the complete Agreement between you and the Company, and fully supersedes any prior Agreements or understandings between the parties pertaining to the subject matter hereof. You acknowledge that you remain subject to the non-disclosure obligations set forth in paragraphs 3 and 4 of the November 17, 2003 letter agreement between you and the Company. You acknowledge that you have not relied on any representations, promises, or Agreements of any kind made to you in connection with your decision to sign this letter Agreement, except those set forth herein.
          13. This letter Agreement will be interpreted under the laws of the Commonwealth of Massachusetts. If any provision of this letter Agreement is declared illegal or unenforceable, excluding the

20


 

general release language in paragraph 4, such provision shall immediately become null and void, leaving the remainder of this letter Agreement in full force and effect. However, if any portion of the general release language in paragraph 4 is ruled to be unenforceable for any reason, you shall return all of the Severance Benefits paid to you under the terms of this letter Agreement immediately to me or my designee at the Company.
          The Company, would like to extend to you its appreciation for your past service, and its sincere hope for success in your future endeavors.
             
    Very truly yours,    
 
    Psychemedics Corporation    
 
 
  By:   /s/ Raymond C. Kubaki, Jr.    
 
     
 
      Raymond C. Kubacki, Jr.
   
I have been advised in writing that I have at least twenty-one (21) days to consider this Agreement and to consult with an attorney prior to execution of this letter Agreement.
I agree that any modifications, material or otherwise, made to this Agreement do not restart or affect in any manner the original twenty-one (21) day consideration period.
Having elected to execute this letter Agreement, to fulfill the promises set forth herein, and to receive thereby the severance benefits set forth in Paragraph No. 2 above, I freely and knowingly, and after due consideration, enter into this letter Agreement intending to waive, settle and release all claims I have or might have against Psychemedics Corporation.
             
Date: February 16, 2007
  Signature:   /s/ Peter C. Monson    
 
     
 
     Peter C. Monson
   

21

EX-31.1 3 b65216pcexv31w1.htm EX-31.1 SECTION 302 CERTIFICATION OF THE C.E.O. exv31w1
 

Exhibit 31.1
CERTIFICATION PURSUANT TO
SECTION 302
OF THE SARBANES-OXLEY ACT OF 2002
I, Raymond C. Kubacki, Jr., Chairman and Chief Executive Officer of Psychemedics Corporation (the “registrant”), certify that I am the principal executive officer of the registrant, and that:
1.   I have reviewed this quarterly report on Form 10-Q of Psychemedics Corporation;
2.   Based on my knowledge, this quarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this quarterly report;
3.   Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this quarterly report;
4.   The registrant’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
  a)   designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under my supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to me by others within those entities, particularly during the period in which this report is being prepared;
 
  b)   Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report my conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and
 
  c)   Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting;
5.   The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors:

22


 

  a)   all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and
 
  b)   any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s internal control over financial reporting.
     
Date: May 14, 2007
  /s/ Raymond C. Kubacki, Jr.
 
   
 
  Raymond C. Kubacki, Jr.
 
  Chairman and Chief Executive Officer
 
  (principal executive officer)

23

EX-31.2 4 b65216pcexv31w2.htm EX-31.2 SECTION 302 CERTIFICATION OF THE PRINCIPAL ACCOUNTING OFFICER exv31w2
 

Exhibit 31.2
CERTIFICATION PURSUANT TO
SECTION 302
OF THE SARBANES-OXLEY ACT OF 2002
I, Thomas M. Harty, Accounting Manager of Psychemedics Corporation (the “registrant”), certify that I am the principal accounting officer of the registrant, and that:
1.   I have reviewed this quarterly report on Form 10-Q of Psychemedics Corporation;
2.   Based on my knowledge, this quarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this quarterly report;
3.   Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this quarterly report;
4.   The registrant’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
  a)   designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under my supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to me by others within those entities, particularly during the period in which this report is being prepared;
 
  b)   Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report my conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and
 
  c)   Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting;
5.   The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors:

24


 

  a)   all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and
 
  b)   any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s internal control over financial reporting.
     
Date: May 14, 2007
  /s/ Thomas M. Harty
 
   
 
  Thomas M. Harty
 
  Accounting Manager
 
  (principal accounting officer)

25

EX-32.1 5 b65216pcexv32w1.htm EX-32.1 SECTION 906 CERTIFICATION OF THE C.E.O. exv32w1
 

Exhibit 32.1
CERTIFICATION PURSUANT TO
U.S.C. SECTION 1350
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
I, Raymond C. Kubacki, Jr., Chairman and Chief Executive Officer of Psychemedics Corporation (the “Company”), certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, as the principal executive officer of the Company that:
  (1)   The Company’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2007, as filed with the Securities and Exchange Commission on May 14, 2007 (the “Report”), fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
 
  (2)   The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
     
Date: May 14, 2007
  /s/ Raymond C. Kubacki, Jr.
 
   
 
  Raymond C. Kubacki, Jr.
 
  Chairman and Chief Executive Officer
 
  (principal executive officer)

26

EX-32.2 6 b65216pcexv32w2.htm EX-32.2 SECTION 906 CERTIFICATION OF THE PRINCIPAL ACCOUNTING OFFICER exv32w2
 

Exhibit 32.2
CERTIFICATION PURSUANT TO
U.S.C. SECTION 1350
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
I, Thomas M. Harty, Accounting Manager of Psychemedics Corporation (the “Company”), certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, as the principal accounting officer of the Company that:
  (1)   The Company’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2007, as filed with the Securities and Exchange Commission on May 14, 2007 (the “Report”), fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
 
  (2)   The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
     
Date: May 14, 2007
  /s/ Thomas M. Harty
 
   
 
  Thomas M. Harty
 
  Accounting Manager
 
  (principal accounting officer)

27

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