The Right to Discriminate Against a Patient

The Right to Discriminate Against a Patient

https://www.medpagetoday.com/opinion/second-opinions/116741

Tennessee’s vague conscience protections offer an avenue for legal discrimination

When the woman stood up to speak in a Washington County town hall meeting, she had no idea her story would go viral on social media

Having recently realized she was pregnant, she sought out a physician for prenatal care — but was denied service.

“That provider told me that thanks to [the 2025 Medical Ethics Defense Act, they were not comfortable treating me because I am an unwed mother and that goes against their Christian values.” She revealed she must now cross state lines for basic prenatal care.

“I call Marsha [Blackburn’s] [R-Tenn.] office twice a day. I’m either blocked or she has all calls going directly to voicemail...When I contacted [Sen.] Bill Hagerty’s [R-Tenn.] office, I was told he’s not obligated to listen to his constituents.”

The allegations appalled everyone present. “If you were in that room, you believed her,” Tennessee State Rep. Gloria Johnson (D-90), who had attended the meeting to answer questions about Medicaid cuts, said to me. The video rapidly circulated online, attracting ire from reproductive rights advocates and critics alike. Its subject was unprepared for and overwhelmed by the attention.

“She’s afraid for her job and her child,” Rachel Wells told me. Wells is the journalist who first broke the storyon her Substack, TN Repro News, and had spoken to the woman on the grounds of anonymity.

It is important to know that these are allegations. I imagine someone will speculate that it’s a hoax, which would be extremely disappointing and attack the credulity of other female patients, who already struggle to be believed. However, beyond the particulars of these allegations, a state law exists that appears to permit doctors to discriminate when providing medical care. That is dangerous.

Conscience Rights

Historically, conscience protections are usually applied to abortion and other aspects of reproductive healthcare. If you truly define life as beginning at conception, I can appreciate why you personally would not want to be involved in an abortion. A religious institution may similarly object to specific services. For instance, many Catholic hospitals will not participate in sterilization, abortion, or contraception as a matter of religious principle, which is a federally-protected right

But denying a patient general care based on the patient’s lifestyle choices is a different matter — and not a new one.

In 1999, Guadalupe Benitez was denied artificial insemination by physicians who claimed that providing such treatment to an unmarried individual violated their religious beliefs. Benitez argued that they declined to treat her because of her sexual orientation (she had disclosed she was a lesbian, and statements made by staff members at the clinic suggested that her sexual orientation was the real issue at hand).

A Catholic physician would likely decline to provide this procedure regardless of the patient’s marital status, because artificial insemination is “unnatural.” But, to my knowledge, caring for an unmarried person does not violate any religious tenet. The California Supreme Court unanimously decided in favor of Benitez in 2008, holding that physicians do not have the right to refuse care based on sexual orientation, even on religious grounds. The question of Benitez’s marital status was left largely unresolved but is relevant under this Tennessee law.

I cannot understand why treating an individual whose lifestyle does not align with your own would violate any religious principle. I’m a Christian, and know of no Biblical verse prohibiting me from caring for anyone, even if I believe they have sinned — in fact, I distinctly recall Jesus ministering to sinners.

Rep. Johnson told me that the issue of conscience protections for physicians was predominantly pushed forward by the Alliance Defending Freedom, whose senior counsel, Greg Chafuen, applaudedTennessee’s Medical Ethics Defense Act when it was signed into law in April 2025.

The law states

A healthcare provider must not be required to participate in or pay for a healthcare procedure, treatment, or service that violates the conscience of the healthcare provider.

But Tennessee already had conscience protections in place for physicians, argued Amy Gordon Bono, MD, MPH, alarmed by the bill’s vague language. She testified unsuccessfully against it. “Time and time again, I see this legislative body choose to politicize talking points rather than prioritize real solutions to the issues at hand. This bill will not heal the moral injury present in our healthcare system.”

The law does not apply to services governed by the Emergency Medical Treatment and Active Labor Act (EMTALA). In short, emergency protections are safe (for now), but are seemingly the only thing preventing a potentially bigoted doctor from actually denying a vulnerable patient vital care.

Unintended Consequences

The vagueness of this bill is troubling: a doctor could feasibly refuse to treat anyone, claiming that doing so violates their deeply-held beliefs — highly unclear language that could mean anything.

What if doctors at academic medical centers did this? Our most complex patients, who might not be able to receive appropriate care elsewhere, would suffer disproportionately.

What if such legislation came to my home state of New York? Could I then decline to care for a child abuser, someone with racist tattoos, or an adulterer? These choices disagree with my own Christian faith. Yet, I have treated all, adhering to the standard of care without hesitation.

I wonder if the bill’s authors have considered other consequences of its enactment. How might they feel if a doctor claims that a certain religion is inconsistent with their values and refuses that patient treatment? We can all agree this would be outrageous. But technically, it would be legal.

Or, hypothetically, doctors might invoke conscience protections if a former governor with an alleged history of sexual harassment, a twice-divorced real estate magnate with a sexual abuse conviction, or a CEO having an affair with the head of human resources at a Coldplay concert showed up in clinic. Would politicians pushing vague conscience protections feel differently if doctors declined to treat them on moral grounds?

Tennessee may not be alone; similar legislation exists in Illinois, Florida, Mississippi, and potentially other states, and has not been challenged.

So, it falls on us as a profession to ask ourselves: given the opportunity to discriminate, is this who we want to be as a field?

Chloe Nazra Lee, MD, MPH, is a resident physician in the Department of Psychiatry at the University of Rochester Medical Center in New York. The views in the above piece reflect only the author’s and not any institution with which she is affiliated.

Attorney General Files Misconduct Complaint Against Anti-Trump Judge

Attorney General Files Misconduct Complaint Against Anti-Trump Judge

https://officialtrumptracker.com/government/attorney-general-files-misconduct-complaint-against-anti-trump-judge/njackson/2025/07/

The Justice Department has filed an official complaint alleging misconduct by US District Court Chief Judge James Boasberg. 

The complaint, which was directed by AG Pam Bondi and reviewed by Fox News, was written by Attorney General Pam Bondi’s Chief of Staff Chad Mizelle and addressed to the Chief Judge of the United States Court of Appeals for the District of Columbia Circuit, Sri Srinivasan.

“The Department of Justice respectfully submits this complaint alleging misconduct by U.S. District Court Chief Judge James E. Boasberg for making improper public comments about President Donald J. Trump to the Chief Justice of the United States and other federal judges that have undermined the integrity and impartiality of the judiciary,” says Mr. Mizelle.

Judge Boasberg is presiding over a high-profile case involving the deportation of several migrants to El Salvador and has talked about holding DOJ lawyers in contempt because of his assertion that his order to turn airborne planes around was not followed. President Trump has also made critical comments about Judge Boasberg.

The complaint details two occasions on which Judge Boasberg made comments that the Justice Department alleges undermine the integrity and impartiality of the judiciary.

“On March 11, 2025, Judge Boasberg attended a session of the Judicial Conference of the United States, which exists to discuss administrative matters like budgets, security, and facilities. While there, Judge Boasberg attempted to improperly influence Chief Justice Roberts and roughly two dozen other federal judges by straying from the traditional topics to express his belief that the Trump Administration would “disregard rulings of federal courts” and trigger “a constitutional crisis.” Although his comments would be inappropriate even if they had some basis, they were even worse because Judge Boasberg had no basis—the Trump Administration has always complied with all court orders. Nor did Judge Boasberg identify any purported violations of court orders to justify his unprecedented predictions.”

“Within days of those statements, Judge Boasberg began acting on his preconceived belief that the Trump Administration would not follow court orders. First, although he lacked authority to do so, he issued a temporary restraining order preventing the Government from removing violent Tren de Aragua terrorists, which the Supreme Court summarily vacated.

“Taken together, Judge Boasberg’s words and deeds violate Canons of the Code of Conduct for United States Judges, and, erode public confidence in judicial neutrality, and warrant a formal investigation.” 

Federal Judge James Boasberg became a key figure in the fight over border security this year, after issuing a controversial temporary restraining order on March 15 that blocked President Trump’s use of the Alien Enemies Act to speed up deportations of hundreds of Venezuelan nationals to El Salvador.

Boasberg went so far as to demand that all flights bound for El Salvador be “immediately” returned to U.S. soil—an order that was not carried out. His emergency action set off a chain of legal challenges around the country, beginning with the March 15 case in his court, and eventually drew in the Supreme Court. The high court would later rule—twice—that the Trump administration’s expedited removals did not violate constitutional due process.

Despite these rulings, Boasberg and his handling of the matter have been sharply criticized by Trump administration officials, who say his order interfered with the executive branch’s authority to secure the border. President Trump himself suggested earlier this year that Boasberg could be impeached over his conduct, prompting Chief Justice John Roberts to issue a rare public statement.

The current complaint against Boasberg—originally appointed to the bench by President George W. Bush in 2002—comes just as he may once again play a decisive role in a major class-action case involving the same group of former CECOT migrants.

Trump administration is launching a new private health tracking system with Big Tech’s help

Trump administration is launching a new private health tracking system with Big Tech’s help

https://apnews.com/article/trump-ai-rfk-jr-health-tech-fa73703bd1fd557c787ef0b590e151f1

WASHINGTON (AP) — The Trump administration announced it is launching a new program that will allow Americans to share personal health data and medical records across health systems and apps run by private tech companies, promising that will make it easier to access health records and monitor wellness.

More than 60 companies, including major tech companies like Google, Amazon and Apple as well as health care giants like UnitedHealth Group and CVS Health, have agreed to share patient data in the system. The initiative will focus on diabetes and weight management, conversational artificial intelligence that helps patients, and digital tools such as QR codes and apps that register patients for check-ins or track medications.

“For decades America’s health care networks have been overdue for a high tech upgrade,” President Donald Trump said during an event with company CEOs at the White House on Wednesday. “The existing systems are often slow, costly and incompatible with one another, but with today’s announcement, we take a major step to bring health care into the digital age.”

Related Stories
The system, spearheaded by an administration that has already freely shared highly personal data about Americans in ways that have tested legal bounds, could put patients’ desires for more convenience at their doctor’s office on a collision course with their expectations that their medical information be kept private.
 President Donald Trump walks from Marine One after arriving on the South Lawn of the White House, Tuesday, July 29, 2025, in Washington. (AP Photo/Julia Demaree Nikhinson)

President Donald Trump walks from Marine One after arriving on the South Lawn of the White House, Tuesday, July 29, 2025, in Washington. (AP Photo/Julia Demaree Nikhinson)

“There are enormous ethical and legal concerns,” said Lawrence Gostin, a Georgetown University law professor who specializes in public health. “Patients across America should be very worried that their medical records are going to be used in ways that harm them and their families.”

Officials at the Centers for Medicare and Medicaid Services, who will be in charge of maintaining the system, have said patients will need to opt in for the sharing of their medical records and data, which will be kept secure.

Those officials said patients will benefit from a system that lets them quickly call up their own records without the hallmark difficulties, such as requiring the use of fax machines to share documents, that have prevented them from doing so in the past.

“We’re going to have remarkable advances in how consumers can use their own records,” Dr. Mehmet Oz, who leads the Centers for Medicare and Medicaid Services, said during the White House event.

Popular weight loss and fitness subscription service Noom, which has signed onto the initiative, will be able to pull medical records after the system’s expected launch early next year.

That might include labs or medical tests that the app could use to develop an AI-driven analysis of what might help users lose weight, CEO Geoff Cook told The Associated Press. Apps and health systems will also have access to their competitors’ information, too. Noom would be able to access a person’s data from Apple Health, for example.

“Right now you have a lot of siloed data,” Cook said.

Patients who travel across the country for treatment at the Cleveland Clinic often have a hard time obtaining all their medical records from various providers, said the hospital system’s CEO, Dr. Tomislav Mihaljevic. He said the new system would eliminate that barrier, which sometimes delays treatment or prevents doctors from making an accurate diagnosis because they do not have a full view of a patient’s medical history.

Having seamless access to health app data, such as what patients are eating or how much they are exercising, will also help doctors manage obesity and other chronic diseases, Mihaljevic said.

“These apps give us insight about what’s happening with the patient’s health outside of the physician’s office,” he said.

CMS will also recommend a list of apps on Medicare.gov that are designed to help people manage chronic diseases, as well as help them select health care providers and insurance plans.

Digital privacy advocates are skeptical that patients will be able to count on their data being stored securely.

The federal government, however, has done little to regulate health apps or telehealth programs, said Jeffrey Chester at the Center for Digital Democracy.

Health and Human Services Secretary Robert F. Kennedy Jr. and those within his circle have pushed for more technology in health care, advocating for wearable devices that monitor wellness and telehealth.

Kennedy also sought to collect more data from Americans’ medical records, which he has previously said he wants to use to study autism and vaccine safety. Kennedy has filled the agency with staffers who have a history of working at or running health technology startups and businesses.

CMS already has troves of information on more than 140 million Americans who enroll in Medicare and Medicaid. Earlier this month, the federal agency agreed to hand over its massive database, including home addresses, to deportation officials.

The new initiative would deepen the pool of information on patients for the federal government and tech companies. Medical records typically contain far more sensitive information, such as doctors’ notes about conversations with patients and substance abuse or mental health history.

“This scheme is an open door for the further use and monetization of sensitive and personal health information,” Chester said.

The Trump administration tried to launch a less ambitious electronic record program in 2018 that did not get finalized during his first term, but it did not have buy in from major tech companies at the time.

Can we thank HHS Secretary Robert F. Kennedy, Jr. for this new PROHIBITION?

FDA Slaps Stronger Warnings on Opioids

New labeling will require drugs to warn against long-term use of the addictive analgesics

https://www.medpagetoday.com/painmanagement/painmanagement/116776

Opioid medications will be required to have their labeling updated to highlight the safety risks of long-term use, the FDA said.

The agency is requiring opioid manufacturers to add to the prescribing information that higher doses are associated with increased risk of serious harm, and that the risks of serious harms persist over the course of therapy, among other changes.

Based on results of two postmarketing observational studies — and the FDA advisory committee meeting discussing them this May— new quantitative estimates of the risks of addiction, abuse, misuse, and fatal and non-fatal overdose in patients taking opioid analgesics long-term are also expected in labeling updates.

“The death of almost one million Americans during the opioid epidemic has been one of the cardinal failures of the public health establishment,” said FDA commissioner Marty Makary, MD, MPH, in the press release. “This long-overdue labeling change is only part of what needs to be done — we also need to modernize our approval processes and postmarket monitoring so that nothing like this ever happens again.”

Of course, about FIVE TIMES  the number of people died from the use/abuse of tobacco/nicotine. Also during the same time frame  a similar number of people died of the use/abuse of alcohol.

Are those deaths just socially acceptable because they provide a healthy tax revenue stream to various bureaucracies?

The studies were postmarketing requirements the FDA requested in 2013 of all companies with new opioid analgesics for chronic noncancer pain. Together, the two studies showed that the 12-month incidence of long-acting opioid misuse was about 15-22%, the incidence of abuse roughly 6-9%, and about 1-6% had moderate-to-severe opioid use disorder.

SO… is it going to be acceptable to deny >78% of the chronic pain pts their medically necessary opioid medications to properly manage their chronic pain and optimize their QOL ?


Are pharmas, wholesalers , pharmacies, prescribers, large healthcare corporations & insurance/PBM going to have some legal liabilities if they are the direct/indirect reasons that a pt is thrown into cold turkey withdrawal and having to endure a torturous level of pain because the pt is not able to get their medically necessary pain management medication ?

The FDA is now requiring that opioid labels emphasize the importance of avoiding rapid dose reduction or abrupt discontinuation in patients who may be physically dependent on opioid pain medicines, as it can cause serious harm.

Opioid makers are being given 30 days to submit their labeling updates to the FDA for review.

“I know firsthand how devastating addiction is — not just for individuals, but for entire families and communities,” said HHS Secretary Robert F. Kennedy, Jr. “Today’s FDA action is a long-overdue step toward restoring honesty, accountability, and transparency to a system that betrayed the American people.”

DEA’s Marijuana Hypocrisy Laid Bare: As Rescheduling Looms, Agency’s Ethical Failures and Research Obstruction Spark Outrage

DEA’s Marijuana Hypocrisy Laid Bare: As Rescheduling Looms, Agency’s Ethical Failures and Research Obstruction Spark Outrage

 

 

https://www.accessnewswire.com/newsroom/en/healthcare-and-pharmaceutical/deas-marijuana-hypocrisy-laid-bare-as-rescheduling-looms-agencys-ethi-1054561

Terrance Cole’s First Test as Administrator

MMJ BioPharma Cultivation‘s case exposes DEA’s Diversion Control Division as a cartel of obstructionists who have abandoned science, betrayed public trust, and refused to follow the law.

 

New DEA Administrator Terrance Cole inherited a mess. But now he has a chance to do something Judge Mulrooney, Thomas Prevoznik, Matthew Straitand Aarathi Haig never would:Tell the truth. Follow the law. And approve MMJ’s long-blocked registrationso clinical trials can finally begin.

WASHINGTON, DC / ACCESS Newswire / July 30, 2025 / While the Drug Enforcement Administration (DEA) teases potential marijuana rescheduling, its actions reveal a disturbing pattern of hypocrisy: blocking federally compliant medical research while turning a blind eye to illegal corporate exports and harboring attorneys who flout ethical standards.

For companies like MMJ BioPharma Cultivation-which has meticulously followed federal law for seven years-the DEA’s conduct suggests not bureaucratic inertia, but deliberate sabotage of scientific progress, underscored by ethical breaches within its own ranks.

The Haig Scandal: A DEA Attorney Operating Without Legal Standing

At the center of the storm is DEA attorney Aarathi Haig, who continues to lead high-profile cases, including the agency’s fight against MMJ BioPharma Cultivation, despite being ineligible for a Certificate of Good Standing with the New Jersey Bar. Records show Haig:

  • Failed to pay mandatory fees to the Lawyers’ Fund for Client Protection (designed to compensate victims of attorney misconduct).
  • Ignored Continuing Legal Education (CLE) requirements, essential for maintaining legal competency.
  • Let her enrollment lapse in New Jersey’s IOLTA program, which safeguards client trust accounts.

Federal law (28 U.S.C. § 530B) mandates that government attorneys comply with state bar rules, yet the DEA has taken no apparent action against Haig. “This isn’t about paperwork-it’s about a pattern of disregard for the law,” said Duane Boise, CEO of MMJ BioPharma. “The DEA demands compliance from others while ignoring its own obligations” .

MMJ BioPharma Cultivation’s Ordeal: A Case Study in DEA Corrupt Obstruction

MMJ BioPharma’s struggle exposes the DEA’s double standard:

  • FDA-authorized research: Holds two Investigational New Drug (IND) applications for Huntington’s Disease and Multiple Sclerosis, plus Orphan Drug Designation.
  • DEA-approved infrastructure: Operates a Schedule I-registered lab and a secure cultivation facility, passing rigorous inspections.
  • Unconstitutional delays: Blocked from bulk manufacturing by DEA Deputy Assistant Administrator Thomas Prevoznik, forced into administrative hearings the Supreme Court deemed unconstitutional (Axon v. FTC, Jarkesy v. SEC).

Meanwhile, the DEA ignores recreational cannabis companies illegally exporting THC products to Europe while stonewalling MMJ’s compliant research.

The Bigger Picture: A System Rigged Against Science

The DEA’s own Diversion Control Manual (Sections 5202.5, 5201.12) mandates support for “bona fide Schedule I research” and expedited approvals-policies Prevoznik and Haig have blatantly ignored. The agency’s actions reveal:

  1. Selective enforcement: Greenlighting corporate loopholes while crushing lawful research.
  2. Constitutional violations: Defying Supreme Court rulings on ALJ hearings.
  3. Public health betrayal: Stalling therapies for terminal patients as illicit markets thrive.

A Call for Accountability

With incoming DEA Administrator Terrance Cole poised to take office, advocates demand:

  • Immediate suspension of Haig and disciplinary action for Prevoznik.
  • Congressional hearings into DEA’s ethical lapses and research obstruction.
  • Transfer of cannabis oversight to the FDA or NIH, where science-not stigma-guides policy.

“The DEA administrative hearing system is a constitutional dead man walking,” Boise declared. “Every day it clings to this broken system, it digs its grave deeper”

The public deserves answers. The patients deserve justice. The time for DEA accountability is now.

CONTACT:
Madison Hisey
mhisey@mmjih.com
203-231-8583

PREVENTION: the word the DEA is using to promote JUST SAY NO TO RXing OPIOIDS?

Unless you have been living under a rock, you have heard about how AI is being used in so many ways. 

Currently, I am probably -at best – maybe at the upper end of the novice stage in using AI. English was never my best nor favorite subject in school. My interests were around Chemistry, Math and Science in general. 

In college, I never had to generate a “wordy report” in Organic Chemistry, Medicinal Quantitative Analysis, Pharmacognosy, Pharmacology, Pharmacogenomics. I wouldn’t know a dangling participle if it hit me between the eyes. As a Pharmacist, the vast majority of my interactions is verbal dealing with pts and other practitioners

Below are two things that I was able to coordination using a AI program. The first is recommendations of what anyone trying to reach out to their member of Congress or the media. What they should say, what they should not say. In order to get your message read.

The second is a press release that I am going to use as I start reaching out to members of Congress and the media.  Feel free to share it, please do not remove my name,etc. I don’t want any entity receiving it to be viewed as a form letter, that may reduce its potential to be read.

The DEA is starting to post some of their propaganda on LinkedIN.com. Below is something that they posted today. Maybe it is just me, but their press release only talks about PREVENTION. Are they talking about PREVENTING ANYONE/NO ONE getting their hands on a Rx opioid? Reading the last two lines, IMO – suggests trying to get new practitioners to JUST SAY NO, TO PRESCRIBING ANY OPIOIDS. Since most people who need to be prescribed controlled meds are probably DISABLED. So is the DEA blatantly promoting DISCRIMINATION of DISABLED PEOPLE? 

 

 

 

 

 

 

 

 

GLAD YOU ASKED: what happens to your correspondence sent to Congress

The Silent Crisis for Chronic Pain Patients and Pharmacists: A Call for Congressional Oversight

For more than five decades, pharmacists and chronic pain patients have witnessed the transformation of the U.S. healthcare system into a maze of bureaucracy, regulatory overreach, and corporate control—endangering patient lives and eroding the heart of compassionate care.

As a pharmacist licensed in the same year the Controlled Substances Act (CSA) became law, I have had a front-row seat to regulatory expansion that started with wise intentions but has since developed into a system that burdens both patients and practitioners. In my early years, pharmacy practice was centered on the patient, not on compliance with complex, ever-changing mandates from agencies and middlemen.

The Opioid Policy Pendulum
Decades ago, Congress and federal regulators pushed aggressive pain treatment—pain was labeled the “Fifth Vital Sign.” But later reforms, especially the 2016 CDC Guidelines, led to sweeping opioid restrictions, rigid dosage caps, and a climate of fear. These rules—adopted and codified by dozens of states and agencies—ignore individual patient needs, pharmacogenetics, and safe, stable long-term care.

Devastating Human Impact
Today’s chronic pain patients are often elderly, disabled, isolated, and financially at-risk. Forced tapers, pharmacy shortages, and the collapse of provider access (due to retirement, legal raids, and regulatory scrutiny) leave them unable to obtain needed medication. Many are cast aside as “untouchables,” suffering withdrawal, unmanageable pain, medical emergencies, and in far too many cases, loss of hope and even suicide.

Bureaucracy Without Accountability
Crucial healthcare decisions are often made or dictated by agencies, attorneys, or law enforcement—who in effect “practice medicine without a license” but face no responsibility for the outcomes. Meanwhile, practitioners like myself risk our licenses, careers, and even our freedom for technical errors or for trying to advocate for patient health.

Pharmacy and PBM Nightmares
The PBM (Pharmacy Benefit Manager) industry, originally created to control costs, now dominates the prescription supply chain, imposing opaque pricing, onerous administrative tasks, and reimbursement policies that drive up costs for patients and threaten the survival of local pharmacies. Billions are siphoned from the system with little value added for real patient care.

The Result
Chronic pain and medically complex patients suffer needlessly. Pharmacists and prescribers are forced into roles as gatekeepers, rationers, and witnesses to preventable tragedy. The real cost is paid in patient health, dignity, and lives.

CALL TO ACTION
Congress must investigate and reform:

The harmful effects of rigid opioid policies and pharmacy rationing on legitimate pain care

The unchecked influence and business practices of PBMs

The need to restore professional and patient autonomy in clinical decision-making

The gaps in oversight and accountability for those who shape—without owning—medical outcomes

This is not a fight about ideology, but about restoring compassion, safety, and evidence-based care for millions of Americans living in pain, and for the professionals dedicated to helping them.

Contact:
Steven R. Ariens, PD, BSPharm
Pharmacist, Patient Advocate
502.938.2414
www.pharmaciststeve.com
steve@steveariens.com

Federal judge blocks implementation of Arkansas Act 624 banning PBMs from owning pharmacies

I wonder how much stock this judge has in CVS, United Health Care or other major PBM’s

Federal judge blocks implementation of Arkansas Act 624 banning PBMs from owning pharmacies

https://drugstorenews.com/federal-judge-blocks-implementation-arkansas-act-624-banning-pbms-owning-pharmacies

The U.S. District Court for the Eastern District of Arkansas Central Division has granted a preliminary injunction to stop the implementation of Act 624.

Act 624 states that, “[a] pharmacy benefits manager shall not acquire direct or indirect interest in, or otherwise hold, directly or indirectly a permit . . . for the retail sale of drugs or medicines in this state.” 

The court order states, “In simple terms, Arkansas lawmakers have decided that they no longer want to allow PBMs to own or operate pharmacies in the state. Act 624 becomes effective on January 1, 2026, and plaintiffs, an industry trade association and various PBMs, are suing to stop it from taking effect. In the complaints, plaintiffs allege that Act 624 violates: (1) the Commerce Clause; (2) the Privileges and Immunities Clause; (3) the Supremacy Clause because it is preempted by (a) TRICARE, (b) ERISA, and (c) Medicare; (4) the Bill of Attainder Clause; (5) the Takings Clause; and (6) the Equal Protection Clause. Plaintiffs are now moving for a preliminary injunction to prevent enforcement of Act 624 until final disposition.”

“Having reviewed the briefs and conducted a hearing on July 23, the motions for a preliminary injunction are granted and Arkansas Act 624 is enjoined from taking effect because it likely violates the Commerce Clause and it is likely preempted by TRICARE,” the court order states.

The court order continued, “Accordingly, defendants Rodney Richmond, Brian Jolly, Debbie Mack, Lenora Newsome, Clint Boone, Walter Lyn Fruchey, Harold H. Simpson, Beth Ann Davenport, John C. Kirtley, their agents and successors in office, and all persons acting in concert with them are hereby ordered to refrain from enforcing Act 624 until final disposition.”

A CVS Health spokesperson provided DSN with the following statement, “We’re pleased with the Court’s decision to grant a preliminary injunction to stop the implementation of Act 624. We continue to be focused on serving people in Arkansas and are actively looking to work together with the state to reduce drug prices and ensure access to pharmacies.”

On May 29, 2025, CVS Health filed a lawsuit to block Arkansas Act 624, calling it “a harmful law that will shut down 23 CVS Pharmacy locations, eliminate hundreds of jobs and drive-up costs for Arkansans. This unconstitutional law puts local politics ahead of patients, restricting their access to life-saving medications and undermining fair competition.” 

2 Pharmacists & one tech DEAD at CVS – one confirmed suicide

https://www.wgal.com/article/cvs-statement-pharmacists-suicides-colleague-support/65501050

national pharmacist workforce study done last year showed a majority of pharmacists rated their workload level as “high” or “excessively high,” especially those at chain and mass merchandiser pharmacies.

News 8 On Your Side’s Susan Shapiro looked into it after several recent suicides among pharmacists in the Susquehanna Valley and elsewhere, and how it impacts patient safety. You can read that report here.

CVS released a statement to News 8 and provided more details on its investments, colleague support initiatives, and the acquisition of Rite Aid prescription files. That information is posted below.

CVS statement

“We were devastated to learn about the recent deaths of two CVS Pharmacy colleagues. Both men were well-respected pharmacists and valued members of our Lancaster, PA-area CVS Pharmacy team. Our thoughts and prayers are with their families, friends, and colleagues during this incredibly difficult time. Counseling and support services are being offered to all colleagues.”

CVS Pharmacy investments

“We’re committed to ensuring there are appropriate levels of staffing and resources at our stores and pharmacies. We regularly make investments in our CVS Pharmacy locations to help ensure our teams are supported and able to deliver excellent service to our patients. Ongoing actions we’ve taken in recent years include scheduling additional support, enhancing recruitment and hiring, and strengthening training programs. We’ve also introduced innovative tools to support workload and workflow, enabling our pharmacy teams to better focus on patient care.”

Rite Aid

“Regarding our acquisition of prescription files from Rite Aid, prior to taking on the new prescriptions we’ve been focused on ensuring our pharmacies are appropriately staffed and that our pharmacy teams are properly equipped to provide pharmacy care to both existing and new patients. We are confident our teams will be able to handle prescriptions moving to our Pennsylvania pharmacies from closing Rite Aid locations. To help further support our teams, we’ve hired more than 1,500 pharmacy team members in Pennsylvania this year, including nearly 50 in the Lancaster area. And we’re interviewing Rite Aid employees who are interested in joining CVS so they can continue to care for patients in their community.”

Metrics

“Pharmacy care must be safe, effective, and efficient for patients to achieve their best possible health outcomes, which is why we provide our pharmacy teams and leaders with tools to ensure the safety and quality of their services. While we’ve reduced the number of metrics we measure in recent years, we do use tools and metrics to have a clear picture of what is working and where improvements may be needed to continuously improve our colleague and patient experiences.”

Colleague support

“CVS Health regularly offers all our colleagues, including our store and pharmacy teams, several resources to support them – whether they need help dealing with day‑to-day issues, emotional resilience, relationship challenges or more serious mental health concerns. For example, colleagues have access to no-cost, confidential counseling sessions 24 hours a day, seven days a week.”

Trump signs HALT Fentanyl Act with 10-year minimum sentence for traffickers

 

Trump signs HALT Fentanyl Act with 10-year minimum sentence for traffickers

https://www.cleveland.com/news/2025/07/trump-signs-halt-fentanyl-act-with-10-year-minimum-sentence-for-traffickers.html

WASHINGTON, D. C. – Flanked by parents holding photos of loved ones who died from drug overdoses, President Donald Trump signed legislation Wednesday that will boost penalties for fentanyl trafficking.

The “Halt All Lethal Trafficking (HALT) of Fentanyl Act” co-authored by Bowling Green Republican Rep. Bob Latta permanently classifies fentanyl-related substances as Schedule I drugs under the Controlled Substances Act.

Before signing the bill, Trump described it as “another defeat for the savage drug smugglers and criminals and the cartels.

“It’s a big deal, as they will tell you, meaning, anyone caught trafficking these illicit poisons will be punished with a mandatory, 10-year minimum sentence in prison,” Trump said. “We’ll be getting the drug dealers, pushers and peddlers off our street, and we will not rest until we have ended the drug overdose epidemic.”

According to the National Institute on Drug Abuse and the Centers for Disease Control and Prevention, over the past five years, more than 324,000 fentanyl-related deaths have been recorded in the United States.

Several parents whose children were killed by fentanyl spoke in favor of the legislation before Trump signed it.

Michigan’s Greg Swan said he felt his life was “gutted” when his son, Drew, died from an overdose.

“There’s despair and there’s hopelessness, but we’ve been able to find some repose in going out and advocating,” said Swan.

In a speech on the U.S. House of Representatives floor, Latta said fentanyl poisoning is the top cause of death in the United States among adults aged 18 to 49, exceeding car crashes, cancer and heart disease.

In 2023, Ohio saw 4,452 unintentional drug overdoses, according to a state report issued in October. About 78% of those involved fentanyl or its analogs.

“Cartels are literally killing Americans for 10 cents a pill,” Latta said on the House of Representatives floor. “This is about victims getting justice.”

Latta and other supporters of the bill stressed the permanent designation wouldn’t prevent medical researchers from studying medical uses for the roughly 4,800 fentanyl analogs that exist, and wouldn’t stop medical providers from using it to treat patients.

Latta attended the signing ceremony in the East Room of the White House along with GOP U.S. Reps. Mike Carey of Columbus, Troy Balderson of Zanesville, and Michael Rulli of Salem.

“Far too many Ohio families have grieved the loss of a loved one to fentanyl-related overdoses,” said a statement from U.S. Sen. Jon Husted of the Columbus area. “With the HALT Fentanyl Act now law, our law enforcement heroes can crack down on criminal drug cartels, get this drug off our streets and prevent more families from experiencing these unimaginable tragedies.”

How you can make yourself one of your pharmacy’s favorite customers

I know that everyone – both Pharmacists, technicians and pts would like for things to run smoother. A Pt might be amazed if they took a few minutes to talk to the lead tech or the Pharmacist and just ask them is there anything that I can do that will make YOUR JOB easier so that I can get my necessary medication when it is due. Our PCP office functions on the EPIC EMR system and there is a pt portal called MY CHART. If the refill that we need has no refills on it and/or the refills have expired. I go into MY CHART and request a refill thru that portal. That means that the pharmacy staff doesn’t have to handle the refill first, send it to the practitioner’s office for refills. When I enter it into MY CHART it is easier/quicker for the practitioner to authorize the refill with just a couple of keep strokes and send the new refills back to the pharmacy.

If your pharmacy has a methodology to entire your refills that has authorized refills on them, you will save the pharmacy staff time, but putting your refill numbers in via whatever automated process they have. That is a minute or two that they can continue to focus on filling everyone Rxs instead of taking down refill numbers over the phone.

Try to avoid walking in with your bottles and wanting them filled, while you wait. They could be a hour or two behind from Rxs needing refilled that pts have entered into their automated system. Doing this, you are basically asking them to put you ahead of all the people they may have promised to have their refills ready at a specific time.

Whenever possible we get all refills for 90 day supply. That mean that we don’t have to worry about refills but FOUR TIMES A YEAR, instead of EVERY MONTH. Request your refills at least 7 days ahead of when you will need them. If they tell you it is too early, just ask them to put in their queue, so that they will fill it when they can.

Generally, the pharmacy staff will be more than happy to help you, if you have a problem, if you help them make their work life easier by using the automated system on refills when you can.

 

 

 

 

 

 

 

Pharmacists’ suicides in Pennsylvania spark concerns

 

Multiple pharmacists’ suicides in Lancaster spark concerns over workload, patient safety

Updated: 7:08 PM EDT Jul 28, 2025

 

LANCASTER, Pa. —

A pharmacist does more than just dispense medications. They also give immunizations, handle patient questions, and talk to other healthcare professionals.

A national pharmacist workforce study done last year showed a majority of pharmacists rated their workload level as “high” or “excessively high,” especially those at chain and mass merchandiser pharmacies.

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News 8 On Your Side’s Susan Shapiro looked into it after several recent suicides among pharmacists in the Susquehanna Valley and elsewhere, and how it impacts patient safety.

A now-vacant apartment was home to Mason Porta in the two years he lived in Lancaster.

In his off hours, the 28-year-old from Kentucky played music in a makeshift studio on the second floor.

“He loved music. He loved singing and playing and writing songs. He’s a good boy,” said Mason’s dad, Michael Porta.

That good boy, who graduated from the University of Kentucky College of Pharmacy in 2023, took his own life here on June 15.

“He spent eight years of his life to get to this point, just starting to benefit from some of the rewards. It doesn’t make sense,” Michael said.

Mason was one of two CVS pharmacists in Lancaster who died by suicide in June. A third CVS pharmacy technician in Chester County was found dead in June, but there has not yet been a ruling in his case.

CVS Statement

CVS said in a statement to News 8:

“We were devastated to learn about the recent deaths of two CVS Pharmacy colleagues. Both men were well-respected pharmacists and valued members of our Lancaster, PA-area CVS Pharmacy team. Our thoughts and prayers are with their families, friends, and colleagues during this incredibly difficult time. Counseling and support services are being offered to all colleagues.

“Out of respect for these colleagues and their families, we will not speculate on the factors that may have led to their deaths.”

WGAL News 8 also learned a fourth pharmacist in Montgomery County died by suicide in April.

But these deaths have some people concerned about the high-stress levels experienced by many pharmacists in the industry.

In the 2024 National Pharmacist Workforce Study done by the Pharmacy Workforce Center, 73 percent of pharmacists working full-time rated their workload as “high” or “excessively high.”

Ninety-one percent of pharmacists with that response worked in chain or mass merchandiser pharmacies.

“I was at my breaking point,” said pharmacist Kati Forbes.

Kati Forbes was a pharmacist at a high-volume 24-hour CVS store in Indianapolis for more than two years before she quit.

On social media, she blames unmanageable metrics pharmacists must meet and a lack of support for the staff. She e-mailed her concerns to the Indiana Board of Pharmacy and Professional Licensing Agency but never filed a formal complaint.

“I was drowning every day, and I was begging for support and I was just pushed and pushed further under,” Forbes said.

CVS says it is committed to ensuring there are appropriate levels of staffing and resources at stores and pharmacies. The pharmacy giant also tells News 8 in recent years it has reduced the number of metrics it uses to measure performance and that they regularly make investments to help ensure teams are supported.

The Pennsylvania Pharmacists Association is aware of the recent suicides. It says pharmacy professionals face demanding workloads, increasing administrative burdens, and at times difficult interactions with patients, all of which contribute to high levels of stress and burnout.

“The Pharmacist Activist”

Dan Hussar is a retired professor at the Philadelphia College of Pharmacy. He now writes a newsletter, “The Pharmacist Activist.” The most recent issue addressed the suicides.

“There have been isolated suicides among pharmacists before but the suicide rate among pharmacists is higher than general population,” Hussar said.

The most recent study in the Journal of the American Pharmacists Association says the suicide rate among pharmacists is almost 20 for every one hundred thousand, compared to 12 for every one hundred thousand in the general population.

“There needs to be investigation by the board of pharmacy,” Hussar said.

Hussar filed a formal complaint with the Pennsylvania Board of Pharmacy calling on the board to investigate the workload and staffing at two Lancaster CVS stores where the men worked. Currently, Pennsylvania has no staffing ratio requirements.

In his complaint, Hussar notes that difficult working conditions for pharmacy staff in retail chains could lead to an increased risk of prescription errors.

“That risk just increases as the stress and the demands of the workplace increase,” Hussar said. “This is a matter of public safety, not just the working environment of pharmacists.”

Michael Porta and his youngest son Levi came from Kentucky to clear out Mason’s apartment and try to make sense of what happened here. While Mason experienced depression, the family is now wondering if the stress of being a retail pharmacist contributed to his struggle.

“I’m not bad-mouthing anyone. I just want light to be shed. I don’t want another family to go through this. It’s not right,” Michael said. “We are struggling day by day. He touched a lot of people.”

WGAL

Michael Porta.

“I don’t even know what to think about it because I never lost anybody like that,” Levi said.

Levi sang a song that Mason wrote at his memorial service, dedicated to the older brother who gave him his first guitar and got him into music.

CVS: More pharmacy team members hired

CVS has acquired the prescription files from Rite Aid after that chain filed for bankruptcy and planned to close or sell its remaining stores.

CVS says it is confident its teams will be able to handle prescriptions moving to its Pennsylvania pharmacies from closing Rite Aid locations. It says it has hired more than 1,500 pharmacy team members this year in Pennsylvania, including nearly 50 in the Lancaster area.

CVS shared additional information with WGAL about investments it is making, support for colleagues and the acquisition of Rite Aid prescription files. We’ve posted that information here.

Study examined pharmacist suicides

In 2022 researchers published a paper that concluded pharmacists commit suicide at a higher rate than the general population. We’ve posted a summary of those findings and a link to the full report here.

By the numbers

Suicide is one of the leading causes of death in the U.S.

WGAL analyzed the latest available information to reveal patterns, explore trends, and provide support resources. That information is here.