Denver Law Firm Considering Lawsuit Over DEA’s New CBD Classification

Denver Law Firm Considering Lawsuit Over DEA's New CBD ClassificationDenver Law Firm Considering Lawsuit Over DEA’s New CBD Classification

http://www.westword.com/marijuana/denver-law-firm-considering-lawsuit-over-deas-new-cbd-classification-8602930

The Drug Enforcement Administration (DEA) could be facing a lawsuit after its announcement earlier this week that it now considers cannabidiol, or CBD, a schedule one substance.

The DEA doesn’t have the authority to make a law and schedule controlled substances without an act of Congress, argues Robert Hoban, managing partner at the Hoban Law Group. The Denver firm has represented various hemp and marijuana businesses since 2008, many of which have told Hoban and his partners that they would be plaintiffs in a lawsuit.

“I don’t have enough fingers and toes to count the number of calls I’ve gotten from people saying, ‘we’ll do whatever we have to to take action,'” Hoban says. “We represent some of the most prominent trade groups and we work with the most prominent hemp groups from around the world, so we have our pick of who might want to be a plaintiff in something like that.”

But Hoban says a lawsuit is the last resort; he hopes the DEA and hemp industry can come to a solution through diplomacy or administratively.

“Reason should prevail, but if that doesn’t work and the issue is deemed significant enough by the clients and the trade organizations, then we’ll consider going forward,” Hoban adds.

The DEA has exceeded its authority in the past, Hogan says, and now that 28 states allow medical marijuana, “the industry is up for the challenge of litigation against any government agency that operates contrary to prevailing law and enforcement policies,” his firm wrote in a statement.

Because CBD comes from the non-psychoactive parts of the plant, it cannot legally be treated as a marijuana extract.

“The DEA has sought to unilaterally create laws before, and has lost, when challenged,” the firm’s statement says.

Similarly, the DEA classified Kratom as a schedule one substance. After the industry went to the DEA and explained the economics and the products themselves, the classification was removed, Hoban says.

“The sky is not falling. It’s not. But this isn’t a benign administrative act either. It’s somewhere in between,” Hoban says. “What’s alarming is that they’re trying to say all cannabinoids are dangerous and they’re not.”

 

Doctor Lied Under Oath to Protect Colleague, Now Admits It

Doctor Lied Under Oath to Protect Colleague, Now Admits It

http://www.medscape.com/viewarticle/869631

Telling a Flat-out Lie on the Witness Stand

A South Dakota surgeon recently admitted, in a controversial article, that he deliberately lied under oath 15 years ago during a malpractice trial to protect one of his partners.

Lars Aanning, MD, now 77 and retired, said his conscience bothered him ever since. He was called as a defense witness for a partner whose patient had suffered a stroke and permanent disability after an operation.

While on the witness stand, Aanning was asked whether he knew of any time when his partner’s work had been substandard. Despite having misgivings about his colleague’s skills and knowing that patients had suffered injuries related to his procedures, Aanning testified, “No, never.”

A jury found for his partner, although Aanning said he doesn’t know whether his testimony was the deciding factor, as he wrote in an op-ed in the Yankton (SD) County Observer. He also posted the article in the ProPublica Patient Safety Facebook Group and granted an interview to NPR radio.[1]

“I… accepted the defense mantra that no negligence or break of ‘standard of care’ had occurred, and that the surgeon had ‘done everything right,'” said Aanning, who now works for plaintiffs’ attorneys in medical malpractice cases. “I wasn’t going to be a squealer—fat chance!

“But… I knew I had lied under oath and violated all of my pledges of professionalism that came with the Doctor of Medicine degree and membership in the AMA. I had prostituted myself to the loyalty demanded of me by the clinic and my colleagues.

“In essence, no supporting testimony from a defendant physician’s colleagues can ever be deemed trustworthy, truthful or true—because those colleagues have essentially sworn an oath of loyalty to each other,” he wrote. “Breaching that trust would brand that colleague a whistleblower, a virtual has-been, and permanently mark him as a betrayer—with retirement or relocation the only viable outcomes.”

Why Confess Now?

Aanning said he wrote the article because he’s now retired and “they can’t hurt me. I can’t go to the clinic for any help. All of my doctors are out of town.”

He believes “the courtroom is not the arena for adjudication of medical right or wrong. … There’s got to be a different way to help people who have been medically harmed. Looking to the legal system is like mixing oil and water.”

Reaction to his story within the medicolegal community was swift, with both supporters and detractors.

Gerald B. Hickson, MD, senior vice president for Quality, Safety and Risk Prevention at Vanderbilt University School of Medicine in Nashville, told Medscape, “Without more clinical details, it’s hard to tell whether the care provided was good, bad, or indifferent. So we don’t know whether justice prevailed or not.”

 

But Hickson disagrees with the surgeon’s view that testimony from a doctor’s colleagues cannot be trusted. “My view is that the vast majority of doctors are professional and honest,” he said. “But we must recognize that the judicial process is what it is and sometimes people don’t tell the truth. The legal process to resolve these disputes doesn’t always bring out the best in us. Human beings have a whole host of motivations.

“The surgeon’s article unfortunately plays to the cynicism in society,” he adds. “I believe there is more willingness in medicine today to do the right thing at the right time,” he adds. “When a mistake is made, there should be full disclosure and apology, and an early settlement offer when we’ve made errors. That will get more of these cases out of the courtroom.”

James Lewis Griffith Sr., a malpractice attorney in Blue Bell, Pennsylvania, who has represented both physicians and plaintiffs, said Aanning is correct that physicians who testify against colleagues are at great professional risk. “Those physicians are considered traitors, are shunned … and face a potential loss of income.

“Too many doctors lie to protect their pockets and have no concern for the damage caused to patients by their failure to police the profession,” he said. “I have no expectation about this problem being seriously addressed. I know patients who have filed a malpractice claim and then could not get treatment from other physicians in the same county.

“Isn’t it strange that physicians can support claims against a religious organization for not exposing a child-abusing member of the clergy but have a totally different standard when it comes to their decision to shield a fellow doctor?” he asks. “They find it totally acceptable to conceal wrongdoing when their referral business could be jeopardized.”

Some Say Lying at Trial Is Not so Unusual

Rick Boothman, chief risk officer at the University of Michigan Health System and a malpractice defense attorney, has a different view of Aanning’s article. “Someone lied on the witness stand? That’s hardly news,” he said.

“I have no reason to believe that this is more or less prevalent than the general level of integrity from the witness stand in any kind of litigation,” said Boothman. “Hidden agendas, deliberate falsehood, selective recollections, biases, testimony for personal gain, and assumptions are all part of the human experience. This isn’t unique to cases involving medicine.

“Matters of opinion can’t easily be tested or double-checked as you can with testimony relating to hard facts, for which there may be collateral evidence,” he said. “Opinions are opinions that can be affected by lots of things, including the passage of time. How can we know that this surgeon is telling the truth now?”

No malpractice insurer should tolerate witnesses who give untruthful testimony, said Mark Fogg, general counsel to COPIC, a Colorado-based liability carrier.

“It is always our expectation that witnesses will testify professionally and truthfully in accordance with the oath they take as witnesses,” he said. “Medical care is complex, and circumstances often vary widely between cases. When subsequent treating physicians consider providing opinions beyond their own care, case evaluations should be based on a review of all the pertinent records, data, and other information.”

Aanning, who is now a patient safety advocate, said he didn’t feel better or worse after “coming clean” with his admission, but he had been haunted by his testimony ever since it happened.

More discussion on ADDICTION being a health disease

Joseph P. Zolot, MD.. were acquitted May 15, 2015 in a re-trial of their federal case

joseph-zolot-md

Joseph P. Zolot, MD, a physiatrist in Needham, Massachusetts, and his nurse practitioner Lisa M. Pliner, were acquitted May 15, 2015 in a re-trial of their federal case.

doctorsofcourage.org/index.php/2016/12/16/joseph-p-zolot/

This case shows the importance of publicity and public outrage over the attacks on good, compassionate physicians. It is important for this case to be spread across the country so that more people are informed of the evil being perpetrated by our Justice Department.

Dr. Zolot is a Russian immigrant, coming to the United States in 1988.  Members of the region’s Russian-Jewish community came to his defense, holding him up as a symbol for individual rights. A petition described Zolot’s medical practice as a “last resort and hope” for patients struggling with debilitating pain. The response to his situation highlights the tightknit community’s sensitivity toward perceived overreaching by the government.

Following the raid on his office, an Oct. 1, 2007 blog posting titled “Who Framed Dr. Zolot?” on the Jewish Russian Telegraph site, readers were advised: “Even if we don’t care about Doctor Zolot and his patients (though we should), we should care about our own freedom.” They called on people to “Stop Criminalization of Medicine; Help Dr. Zolot.” Community members were concerned by what they describe as a lack of government guidelines in regulating the prescription drugs used to manage pain. “Physicians . . . need to have clear guidelines how to practice”

We have to get this word out. As Dr. Zolot’s attorney, Howard M. Cooper stated, “This is an extremely important case,” Cooper accused the government of overreaching with the prosecution and said: “Hopefully this jury verdict will allow doctors to do what they are supposed to do—use the tools available to them to treat patients.” But that’s not going to happen until more Americans realize the truth in these cases—that government is fabricating law to create crimes that don’t exist against doctors doing the job they are pledged to do by oath and by creed.

The defense argued that Zolot and Pliner offered the best treatment, based on their good faith medical judgment, to patients suffering from serious injuries and were not at fault if they were deceived by patients who were secretly abusing the drugs. This argument should be obvious in every case. But in most cases, jurors are so stigmatized by the tactics of the prosecution, they don’t see the truth.

Dr. Zolot voluntarily surrendered his medical license in 2008 after state authorities launched proceedings to revoke it, calling his practice a “threat to the public”. This shows how the state Boards of Medicine are just as much involved in these illegal attacks on doctors for political purposes. Russel Aims, their spokesman, stated “The resignation permanently removes the physician from practice. He’s never going to see licensure anywhere, ever. And he’ll never practice in Massachusetts ever.”

They were indicted March 2011 on eight counts of conspiracy to distribute and distribution of controlled substances, and distribution of controlled substances causing deaths.

The indictment offset the basis for exemption of physicians using the Controlled Substance Act by statin the usual “prescribing drugs without a legitimate medical purpose and not in the usual course of professional practice”. The indictment alleged that they:

  1. prescribed drugs in amounts and frequency that were likely to, and did, cause addiction, and overdose and death in some patients;
  2. failed to conduct adequate physical examinations;
  3. Prescribed narcotics to individuals despite indications that they were abusing, misusing, or distributing.

The attack, starting in 2001, involved the usual joint FBI, HHS, DEA, IRS-CID and Needham Police Department—lots of years of job security.

In order to sway public opinion and the jury pool and misuse the statutes of Title 21, the government used inflammatory phrases in the media, examples of which are:

United States Attorney Carmen M. Ortiz: “The conduct alleged in today’s indictment is incomprehensible. I hope it sends a strong message that the government will aggressively prosecute any medical professional who facilitates the distribution of dangerous and addictive drugs purely for financial gain.”

Special DEA Agent Steve Derr called them drug pushers:  “DEA investigates a myriad of criminals and criminal organizations, from international drug investigations to doctors illegally prescribing dangerous and addictive drugs, as alleged in this case. We pursue all persons who illegally distribute drugs, regardless of their title. A license to practice medicine is not a license to deal, and that is precisely what is alleged in this indictment.”

Special Agent in Charge of Health and Human Services, Office of Inspector General Susan J. Waddell got in her two cents worth to get her credit, “HHS-OIG is committed to ensuring that it is not compromised by greed and illegal prescribing, as alleged in this case.”

When they went to trial, Dr. Zolot and Ms. Pliner faced possible life imprisonment, and a mandatory minimum sentence of 20 years’ imprisonment for each of the distribution resulting in death counts, and a fine of up to $4 million.

The first trial was held in August, 2014.  In his closing arguments, the prosecutor again compared the doctor’s care of his patients to a drug dealer, saying he “put vulnerable patients on powerful opioids, kept them high, and collected every month.”

One jury holdout for “not guilty” reported how she was bullied by the other jurors. Lucky she stuck to her guns and a mistrial was called.

The second trial came as the state faced a growing opioid abuse epidemic. The original indictments of distribution causing the deaths of six patients were dropped as a result of the US Supreme Court ruling in another case that prosecutors had to prove a drug dealer was responsible for a death because the drug he or she provided was the exact and only cause of death.

In spite of the fact that corrupt action on the part of the Department of Justice brought them to trial and his life was destroyed for 8 long years, Dr. Zolot’s main concern after his acquittal was still the care of chronic pain patients:

“My sincere hope is that doctors hearing about this verdict will realize that they should not be intimidated by the federal government in prescribing pain medication to their patients who are suffering in chronic pain,” There are patients who suffer because doctors are afraid to treat them because they fear discipline or prosecution. That hurts the patient. I am grateful to the jury for seeing the importance of this case.”

Sixty Percent of U.S. Unvaccinated for Flu

Sixty Percent of U.S. Unvaccinated for Flu

If the CDC’s guidelines are for EVERYONE to get flu shots annually… why don’t we hold prescribers and pharmacist responsible for pts failing to get flu shots… like we are holding them responsible for pts getting/needing more than 90 mg/day morphine equivalents for chronic pain therapy.. after all there are up wards of 49,000 people that die annually from catching the flu… MORE than the people that die from a opiate – including illegal opiates – OD’s ? Why does some CDC guidelines have more influence of being observed/followed than others ?
Only about two out of five people in the U.S. reported having gotten this season’s flu vaccine as of early November, the Centers for Disease Control and Prevention said last week. The vaccination level is similar to this time last season. Breaking it down, the CDC said 40 percent of people overall reported having received a flu vaccine, including 37 percent of children ages 6 months to 17 years, and 41 percent of adults ages 18 years and older.

Separately, the American Academy of Pediatrics this week released a new interactive tool to highlight state immunization rates for vaccine-preventable diseases, including influenza.

Pharmacies miss half of dangerous drug combinations

Pharmacies miss half of dangerous drug combinations

http://www.chicagotribune.com/news/media/92128156-132.html

http://www.chicagotribune.com/news/watchdog/druginteractions/ct-drug-interactions-pharmacy-met-20161214-story.html

The Tribune reporter walked into an Evanston CVS pharmacy carrying two prescriptions: one for a common antibiotic, the other for a popular anti-cholesterol drug.

Taken alone, these two drugs, clarithromycin and simvastatin, are relatively safe. But taken together they can cause a severe breakdown in muscle tissue and lead to kidney failure and death.

When the reporter tried to fill the prescriptions, the pharmacist should have warned him of the dangers. But that’s not what happened. The two medications were packaged, labeled and sold within minutes, without a word of caution.

The same thing happened when a reporter presented prescriptions for a different potentially deadly drug pair at a Walgreens on the Magnificent Mile.

And at a Wal-Mart in Evergreen Park, a Jewel-Osco in River Forest and a Kmart in Springfield.

In the largest and most comprehensive study of its kind, the Tribune tested 255 pharmacies to see how often stores would dispense dangerous drug pairs without warning patients. Fifty-two percent of the pharmacies sold the medications without mentioning the potential interaction, striking evidence of an industrywide failure that places millions of consumers at risk.

CVS, the nation’s largest pharmacy retailer by store count, had the highest failure rate of any chain in the Tribune tests, dispensing the medications with no warning 63 percent of the time. Walgreens, one of CVS’ main competitors, had the lowest failure rate at 30 percent — but that’s still missing nearly 1 in 3 interactions.

In response to the Tribune tests, CVS, Walgreens and Wal-Mart each vowed to take significant steps to improve patient safety at its stores nationwide. Combined, the actions affect 22,000 drugstores and involve additional training for 123,000 pharmacists and technicians.

“There is a very high sense of urgency to pursue this issue and get to the root cause,” said Tom Davis, CVS’ vice president of pharmacy professional services.

CVS, which filled about 1 billion prescriptions last year, said the company would improve policies and its computer system to “dramatically” increase warnings to patients.

Walgreens said it would, among other changes, increase training for pharmacists. “We take this very seriously,” said Rex Swords, Walgreens’ vice president of pharmacy and retail operations and planning.

Dangerous drug combinations are a major public health problem, hospitalizing tens of thousands of people each year. Pharmacists are the last line of defense, and their role is growing as Americans use more prescription drugs than ever. One in 10 people take five or more drugs — twice the percentage seen in 1994.

Some pharmacists who were tested got it right, coming to the counter to issue stern warnings. “You’ll be on the floor. You can’t have the two together,” said one pharmacist at a Walgreens on Chicago’s Northwest Side. Said a Kmart pharmacist in Rockford: “I’ve seen people go to the hospital on this combination.”

But in test after test, other pharmacists dispensed dangerous drug pairs at a fast-food pace, with little attention paid to customers. They failed to catch combinations that could trigger a stroke, result in kidney failure, deprive the body of oxygen or lead to unexpected pregnancy with a risk of birth defects.

Location didn’t matter: Failures occurred in poor neighborhoods on the South Side as well as in affluent suburbs and the Gold Coast. Even the Walgreens at Northwestern Memorial Hospital in downtown Chicago failed its test.

The newspaper also tested independent pharmacies, many of which take pride in providing personalized care. As a group, they had a higher failure rate than any retail chain, missing risky drug interactions 72 percent of the time. Chains overall failed 49 percent of their tests.

The Tribune study, two years in the making, exposes fundamental flaws in the pharmacy industry. Safety laws are not being followed, computer alert systems designed to flag drug interactions either don’t work or are ignored, and some pharmacies emphasize fast service over patient safety. Several chain pharmacists, in interviews, described assembly-line conditions in which staff hurried to fill hundreds of prescriptions a day.

Wal-Mart, operator of 4,500 U.S. pharmacies, failed 43 percent of its tests. The company said it would update and improve its pharmacy alert system and train pharmacists on the changes.

Kmart failed 60 percent of the tests. Phil Keough, pharmacy president for Sears Holdings, which owns Kmart, said he was disappointed with the results. “While not happy, we also take this as an opportunity to look in the mirror and see where we can get better,” he said.

Costco, a membership warehouse club whose pharmacies are open to the general public, failed 60 percent of the tests; the company declined to comment.

The Tribune also tested two Chicago-area chains: Jewel-Osco, which failed 43 percent of the time, and Mariano’s, 37 percent.

Jewel-Osco declined an interview request and instead emailed the Tribune a one-sentence written statement: “Osco pharmacists have a history of providing knowledgeable, exemplary care to our customers and their health, well-being and safety is our primary concern.”

Mariano’s also declined to answer questions. The chain said in a written statement: “None of our pharmacists are intentionally disregarding drug interactions or patient safety.”

The chain wrote, “Our pharmacists look at each patient profile which includes patient history, allergy profile, pre-existing conditions and other factors such as age, all of which must be considered when assessing the potential for a drug interaction.”

But in the Tribune tests, pharmacists at Mariano’s stores rarely asked for all of that information.

Last line of defense

In the fight to protect patients from dangerous drug interactions, doctors shoulder significant responsibility. They are the ones who write the prescriptions.

But one physician may not know what another has prescribed, and research has found that doctors’ knowledge about specific interactions is often poor.

In filling prescriptions, pharmacists are uniquely positioned to detect potential drug interactions, warn patients and prevent harm. Pharmacists themselves say that is one of their primary duties.

Yet little data exists about how well they perform in real-world situations.

The Tribune set out to find the answer. To select drug pairs to be used in the tests, the newspaper enlisted the help of two leading experts on drug interactions: pharmacy professors Daniel Malone of the University of Arizona and John Horn of the University of Washington. Five pairs were chosen, three of which posed life-threatening risks. Another could cause patients to pass out. A fifth included an oral contraceptive and could lead to unplanned pregnancies.

According to the two experts, all of the drugs had been on the market for years, and the pairs presented well-established interactions that pharmacists should easily catch. “No-brainers,” Horn called them.

Writing the prescriptions was Dr. Steven C. Fox, a Chicago physician who treats many elderly patients on multiple medications. He knew the risks of interactions firsthand.

Fox wrote the prescriptions in the names of 18 Tribune journalists, 15 of whom conducted tests in the field. They presented the prescriptions written in their names or, in some instances, their colleagues’ names. The reporters tested 30 stores at each of seven leading chains as well as numerous independent pharmacies. Most stores were in the Chicago area; some were in Indiana, Wisconsin and Michigan.

Reporters presented the prescriptions together or a couple of days apart, then waited to see if the orders would be filled.

In Illinois, pharmacists who detect a serious interaction must contact the prescribing doctor to see if the order is correct or if an alternative therapy is available, according to the Illinois Department of Financial and Professional Regulation. Pharmacists are then supposed to alert the patient.

Carmen Catizone, executive director of the National Association of Boards of Pharmacy, said the professional standard is clear. “Anytime there’s a serious interaction, there’s no excuse for the pharmacist not warning the patient about that interaction,” he said.

In the Tribune study, a test was considered a pass if the pharmacist attempted to contact Fox about the interaction or warned the reporter.

Drug information leaflets placed inside the bag or stapled to the outside were not considered sufficient to warrant a pass. Illinois regulators said these materials typically are not adequate replacements for verbal warnings; some of the materials don’t warn about specific interactions, and experts say patients frequently throw out the leaflets without reading them.

After the tests, reporters called many of the pharmacists to inform them of the results and to discuss the findings.

Why were so many pharmacies missing dangerous drug combinations?

Speed vs. safety

Mayuri Patel, a pharmacist at a Wal-Mart in west suburban Northlake, said she typically fills 200 prescriptions in a nine-hour shift, or one every 2.7 minutes.

At another Wal-Mart where she was trained, it was even busier, she said: “We were doing 600 a day with two pharmacists with 10-hour shifts.” That works out to one prescription every two minutes.

In the Tribune tests, she caught a potentially deadly drug pair, warning the reporter at the counter: “This is a common interaction.”

It is difficult to say why so many pharmacists failed the same test, but interviews and studies point to a possible explanation: the emphasis on speed.

Several stores dispensed risky drug pairs with no warning in less than 15 minutes. At a Kmart in Valparaiso, Ind., it was 12 minutes. At an independent pharmacy on the North Side, it was five.

The Tribune found that pharmacists frequently race through legally required drug safety reviews — or skip them altogether. According to Illinois law, pharmacies are required to conduct several safety checks, including whether the dose is reasonable and whether the medication might interact with other drugs the patient is taking.

But in the Tribune tests, pharmacies rarely asked what other medications testers were using.

“They’re cutting corners where they think they can cut,” said Bob Stout, president of the New Hampshire Board of Pharmacy, which sampled data from two retail chains in the state and found that pharmacists spent an average of 80 seconds on safety checks for each prescription filled.

“What happens, I found on the board, is people stop doing (safety) reviews,” Stout said. “They’re not going in looking at patient records.”

Most pharmacies use computer software designed to flag drug interactions. But experts say computer alerts are so common that pharmacists can get “alert fatigue” and ignore many of the warnings.

At the same time, chain pharmacies are increasingly promoting quick service. Drive-through windows are now common, and services like CVS’ walk-in MinuteClinics appeal to consumers’ preference for speed.

These efforts may send a message to patients that speed is more important than quality health care. Patients have internalized that message and feel entitled to short wait times, pharmacists said.

“The patient will get mad if you call the doctor and take time,” said Sadia Shuja, a pharmacist at Skypoint Pharmacy in Schaumburg who caught a dangerous drug pair in the Tribune tests. “Sometimes they think it is fast food.”

To ease workload, most pharmacies employ technicians to manage tasks that require less medical expertise.

Arsen Mysllinj, a Kmart pharmacist in Rockford who passed the Tribune test, said technicians at his store and others often screen for drug interactions after entering patients’ drug orders into a computer. If interactions appear, he said, the technicians are trained to print out the warning on the screen and hand it to a pharmacist. It would be better, he said, for pharmacists to do the screening.

Kmart said that in light of the test results, it would review its relevant policies, computer systems and training programs.

Unionized pharmacists, including those in Illinois, have periodically pushed for minimum staffing rules, but those efforts have not gone far. Some pharmacists say time spent pitching company promotions could be better spent on patient safety.

In the Tribune tests, the majority of Kmart pharmacists dispensed risky drug combinations without warning testers. But several did take time to try to enroll the reporters in the company’s savings program.

‘Scorecard’ pressures

At CVS, prompt service isn’t just a vague goal. It is a carefully measured metric that the chain uses, along with other assessments, to grade its pharmacies and rank them against one another, records and interviews show.

Several current or former CVS pharmacists criticized the practice, saying it pressures them to focus more on corporate criteria than on drug interactions and other safety checks.

“You get stressed, and it takes your mind away from the actual prescriptions,” said Chuck Zuraitis, head pharmacist at a CVS in south suburban Park Forest and a union steward for Teamsters Local 727, which represents 130 CVS pharmacists in the Chicago area. His pharmacy was not among those tested.

Performance and business metrics are common at big chain pharmacies and in other industries. Supporters say they make companies more efficient and responsive to customers.

In 2012, the nonprofit Institute for Safe Medication Practices conducted a national survey of 673 pharmacists and found that nearly two-thirds worked at stores that track the time it takes to fill prescriptions. About 25 percent worked at companies that guaranteed short wait times.

Of the pharmacists at stores that advertised quick service, 4 in 10 said they had made a medication error as a result of hurrying to fill a prescription within a set time.

In 2013, the National Association of Boards of Pharmacy called on states to prohibit, restrict or regulate company policies that measure the speed of pharmacists’ work. But, the association says, little has changed in state law.

Internal CVS records obtained by the Tribune show that the company tracks numerous pharmacist tasks, including whether prescriptions are filled in the time promised to customers and whether voicemails are retrieved in a timely fashion.

“Every prescription is timed,” said Deepak Chande, a former head pharmacist at a CVS in southwest suburban Worth, “and this is the worst of the pharmacist’s nightmares.”

If pharmacists fall behind, the backlog pops up in color on their computer screens, said Chande, also a former union steward. “It’s an unreal pressure,” he said. “Your mind is kind of frantically trying to obey it.”

CVS officials declined to be interviewed about metrics but issued a statement and answered questions in writing. The company said prescriptions do not have to be filled quickly, but it expects pharmacists to have medications ready by the time promised to the customer.

Records show that head pharmacists receive a monthly “WeCARE Scorecard” that tracks the percentage of prescriptions filled by the times promised. The pharmacies are ranked by district, by region and nationwide.

CVS’ computer system prioritizes prescriptions based on patients’ requested pickup times, with preference given to customers with urgent needs — for instance, someone on his way home from the hospital after surgery. Pharmacists can reset a promised pickup time if they think it cannot be met, the company wrote.

The color indicators on computer screens are meant to help pharmacists with prioritizing their work, CVS said. The company also wrote that several years ago it removed a red indicator for prescriptions that had gone beyond the promised pickup time because pharmacists “felt the color red denoted something negative or alarming.”

“We switched to an ‘orange’ indicator to inform a pharmacy team which prescriptions may not be ready before a customer’s expected arrival time,” CVS wrote.

Another CVS metric, documents show, tracks how many patients sign up for automatic refills. Zuraitis said posters on pharmacy walls record how many flu shots have been administered. “You feel like you’re trying to sell people something,” he said.

CVS said automatic refills help patients stay on schedule with the drugs they need to treat chronic conditions. The company said it measures the number of flu vaccinations offered to customers to help support the recommendation by the federal Centers for Disease Control and Prevention that people receive a flu shot annually.

At Walgreens, officials said the company collects business metrics as a way to monitor staffing levels and service. The firm said it does not use them in a manner that emphasizes productivity over patient safety.

Alethea Little, a Walgreens pharmacist in west suburban Forest Park who properly warned a tester, said metrics are no excuse for missing drug interactions.

“Our flu shot goal is 10 a day, 12 a day, 50 a day,” she said. “And the phone rings off the hook. You just got to do what you got to do, essentially.”

Squeezed by chains

Independent pharmacies face a different kind of pressure: intense competition from the big chains.

B.M. Patel, a pharmacist for 40 years who owns Riteway Pharmacy on Chicago’s Northwest Side, missed the test interaction but didn’t make excuses. “It was a mistake,” he said. “Maybe I should be paying more attention.”

But he also said small pharmacies know that if they don’t fill a prescription, the customer might simply go to a nearby chain store. Business at his store, he said, “is not good. I can still survive, but not too long. We don’t really know how long it’s going to last.”

The number of independent stores has been shrinking nationwide. In Illinois, the number dropped about 9 percent from 689 in 2013 to 624 last year, according to the National Community Pharmacists Association.

Several independents tested by the Tribune looked like classic drugstores, offering medications alongside greeting cards, stuffed animals and candy bars. Others were less inviting. One dispensed drugs behind a thick window; at another, a reporter had to knock several times to gain entry.

In Chicago’s Pilsen neighborhood, independent pharmacist Audrey Galal passed her test while working at a Mexicare Pharmacy, a small storefront on a block of brick buildings. The store is in the process of closing, she said, in part because of competition from chains.

Galal said she did not think small drugstores would knowingly sell harmful medications, but they might be reluctant to turn away business.

“These pharmacists are acting like businesspeople, just trying to keep their pharmacies afloat instead of being clinicians,” said Galal, who now works at a Mexicare in Little Village.

Andy Politis, a pharmacist and part owner of Oakmill Pharmacy in north suburban Niles who passed the test, said he was surprised how many independents failed. “The independent guys should be better because they don’t have the same pressure as the big stores with so many prescriptions,” he said.

B. Douglas Hoey, chief executive of the national community pharmacists group, said the results were alarming. “It’s something that shouldn’t happen — both for chains and independents,” he said. “Even one is too many.”

Several independents said the findings prompted them to make changes. After failing its test, Summit Medical Pharmacy in the southwest suburbs beefed up internal checks and worked with a software company to ensure that even minor drug interactions are detected.

Since then, the new system has flagged several interactions that led to consultations with doctors and patients, head pharmacist Pankaj Bhalakia said.

“We changed the whole system,” he said. “I don’t think there could be a problem in the future.”

 

“Investigations” seem to move at the speed of cold molasses

Still no charges for Kona doctor arrested for alleged state Uniform Controlled Substances Act violation

http://westhawaiitoday.com/news/local-news/still-no-charges-doctor

 

KAILUA-KONA — Nine months after a Honalo physician was arrested by the state’s Narcotics Enforcement Division and then released pending investigation, the state has yet to announce any charges in the case.

Meanwhile, the Hawaii State Board of Pharmacy today will consider a “guidance document” to help pharmacists when it comes to their legal responsibilities when it comes to evaluating and filling prescriptions — including what to do if a doctor is arrested but not charged as happened in Honalo.

Law enforcement arrested Dr. Clif Arrington on March 17 and then released him without charges.

Toni Schwartz, a spokeswoman for the division, said at the time they were investigating violations of the State Controlled Substances Act and the case remained under investigation.

Wednesday, Schwartz said the investigation is still ongoing and there were no new developments. For trustworthy private investigators one could contact Steven Feakes & Associates.

Arrington’s attorney, Robert Kim, wasn’t able to speak about the case.

Arrington’s professional license, however, continues to be listed as “current, valid and in good standing,” according to the Professional and Vocational Licensing Division under the Department of Commerce and Consumer Affairs.

After Arrington’s arrest and release, several local pharmacists stopped filling the doctor’s prescriptions, as reported in West Hawaii Today. That meant patients were denied their medication for conditions including heart disease, high blood pressure and diabetes.

That issue eventually came before the state pharmacy board, who set to work on addressing the situation should it happen elsewhere across the state.

Wednesday, Lee Ann Teshima, executive officer for the Hawaii State Board of Pharmacy, said they’ve been working closely with the Narcotics Enforcement Division to create guidelines to help pharmacists.

The guidelines, which she said should be finalized at today’s meeting on Oahu, would inform pharmacists on what they should look out for, recognizing red flags and pharmacists’ responsibilities in filling prescriptions.

 “I feel confident this guidance document will help pharmacists,” she said.

The document doesn’t specifically address Arrington or any other physician. Instead, it will give pharmacists a checklist in determining when they can and when they shouldn’t fill a prescription.

It also answers several frequently asked questions about scenarios that might give pharmacists pause before filling a prescription.

Teshima said pharmacists had raised concern that filling prescriptions for a prescriber who had been arrested could land them in trouble with authorities.

However, Teshima said, as long as the prescription meets all the requirements as to its validity and the prescriber holds a valid registration with the Narcotics Enforcement Division, they can go ahead and fill the prescription.

“If it’s missing something or not a valid prescription, they won’t fill it,” she said.

That’s no different from usual, she said, given that pharmacists have a professional obligation to verify any prescription.

The guidance was a joint effort between the Hawaii State Board of Pharmacy and the NED.

Once the board finalizes the document, she said, she plans to share it with the Board of Nursing and Hawaii Medical Board.

“I want to just get it out there,” she said. “I just need something out there so the pharmacists can utilize.”

 

Robbers come in many different forms… some disguised as part of our judicial system

Judge Denies Return of Assets to MedWest Distribution in San Diego

ireadculture.com/judge-denials-return-assets-med-west-distribution-san-diego/

Judge Jay M. Bloom denied the request to return the assets that were seized by San Diego police officers and Drug Enforcement Administration (DEA) agents during a raid on San Diego medical cannabis business MedWest Distribution on January 28, 2016.

The ruling was dated for Wednesday, November 16, however the attorneys for MedWest Distribution’s owner, James Slatic, heard of the ruling two days later on Friday. Slatic’s lawyers stated they plan to appeal the ruling.

Wesley Hottot of the Institute for Justice is part of the nonprofit representing Slatic. He told San Diego Union Tribune that the next plan is to appeal the ruling. “This isn’t just wrong; it’s unconstitutional,” Hottot said. “And we will be appealing to ensure that the Slatics’ money is quickly returned to them.”

The assets that were seized back in January were worth $324,000 in cash and inventory. Days following the raid, Slatic’s personal bank accounts in addition to his wife’s and two daughters were all frozen. MedWest was a licensee for 30 different kinds of cannabis medicine in addition to producing vape pen cartridges and cannabis infused products. Slatic was never charged with any crimes following the raid, despite two employees being arrested during the raid. They were also released without being charged. MedWest paid its business taxes, and city officials even toured the facility to ensure its compliance before it opened.

The Institute for Justice noticed these actions as unconstitutional, and they stepped up to represent Slatic. Attorney Allison Daniel previously told CULTURE, “What the government did to the Slatics is simply unconstitutional. The San Diego DA moved to seize money under California’s civil forfeiture statues. And while civil forfeiture can be complicated, the Slatics’ legal argument is simple.” She continued to explain that James Slatic did not commit a crime, therefore the money belonging to the Slatics cannot be connected to any crime. She continued to say, “All the family’s money must be returned under the California Constitution and the U.S. Constitution,” Daniel said. “This case illustrates the abusive power of civil forfeiture at its worst.”

 

#Kroger, #CVS, and #Walgreens settle lawsuit with West Virginia for $3 million

 

Kroger, CVS, and Walgreens settle lawsuit with West Virginia for $3 million

http://www.whsv.com/content/news/Kroger-CVS-and-Walgreens-settle-lawsuit-with-West-Virginia-for-3-million-390332992.html

CHARLESTON, W.Va. (WHSV) — Kroger, CVS, and Walgreens have settled a lawsuit with West Virginia over prescription drugs for about $3 million, according to West Virginia Attorney General Patrick Morrisey.

This is the latest development in a lawsuit that targeted five defendants over cost savings derived from the sale of generic prescription drugs.

Morrisey announced combined settlements of nearly $3 million to resolve disputes with Kroger, CVS and Walgreens, pushing total settlements in the broader case past $7.8 million.

The settlements require Kroger, CVS and Walgreens to pay their respective amounts and implement compliance programs in accordance with the state’s Pharmacy Act, which requires pharmacies to pass retail savings from the sale of generic prescription drugs onto consumers.

“All companies operating in West Virginia must respect her laws,” Attorney General Morrisey said. “These settlements demonstrate our commitment to vigorously enforce the law.”

The Kroger, CVS and Walgreens agreements follow a $4.9 million settlement with Rite Aid. Litigation against the remaining defendant continues in Boone Circuit Court.

 

The lawsuit alleged the pharmacies failed to accurately calculate and pass along retail savings from the sale of generic prescription drugs. It further alleges each instance constituted a violation of the state’s Consumer Credit and Protection Act.

Kroger, CVS and Walgreens deny any wrongdoing as part of the settlement. Parties agreed to the financial payout and implementation of the pharmacies’ compliance programs to avoid the distraction and expense of continued litigation.

Kroger, CVS and Walgreens must implement and execute their compliance programs within two years of the settlement. The programs’ scopes are limited to those customers whose transactions are not covered by insurance.

Individually, the settlements are valued at $1,352,941.18 with Kroger, $1 million with CVS and $575,000 with Walgreens.

You can view copies of the executed agreements with each company in the ‘Related Links’ section of this article.

Full agreement with Kroger
Full Agreement with CVS
Full Agreement with Walgreens

Chance to let your voice to be heard

This showed up in my inbox today… this is from a staffer from a National Pharmacy Association that I have been a member of since 1983, only national pharmacy association that I have been a member of. 

Hi Steve,

We’ve been contacted by a reporter who is looking into increasing rates of prescription drugs, particularly painkillers, that are lost or stolen during shipment, typically via mail. Can you think of any patients who have voiced such experiences, either via your blog or directly to you?

The reporter wishes to keep it somewhat discreet for now but agreed to let me contact some patient advocates like you for patient leads in hopes of interviewing some people.

Feel free to have anyone contact me and I can forward along to the reporter. It seems like a good opportunity to highlight patient access issues in the chronic pain area. Thanks for your time and consideration.

Best,

Kevin

Kevin Schweers

Senior Vice President, Public Affairs

National Community Pharmacists Association

(703) 838-2682

kevin.schweers@ncpanet.org

The National Community Pharmacists Association (NCPA®) represents the interests of America’s community pharmacists, including the owners of more than 22,000 independent community pharmacies. Together they represent an $81.5 billion health care marketplace and employ more than 250,000 individuals on a full or part-time basis. To learn more, go to www.ncpanet.org, visit facebook.com/commpharmacy, or follow NCPA on Twitter @Commpharmacy.