Use Freedom of Information Request to get copy of FL BOP meeting

If you wish to get a copy of the FL Board of Pharmacy Meeting from last Tues.. here is the template to request that

http://www.nfoic.org/florida-sample-foia-request

Florida Sample FOIA Request

SAMPLE ADAPTED FROM FLORIDA FIRST AMENDMENT FOUNDATION WEBSITE

CHAPTER 119 – SAMPLE PUBLIC RECORDS REQUEST

State agencies and local governments, including school boards, town councils, city commissions, county commissions, water management districts, economic development agencies, etc.

 

 

[Your Name]
[Street Address]
[City, ST  ZIP Code]
[Date]
[Name of Custodian of Records]
[Title]
[Company Name]
[Street Address]
[City, ST  ZIP Code]
Dear [custodian of records]:

 

Pursuant to Article I, section 24 of the Florida Constitution, and chapter 119, F.S., I am requesting an opportunity to inspect or obtain copies of public records that [Describe the records or information sought with enough detail for the public agency to respond.  Be as specific as your knowledge of the available records will allow. But it is more important to describe the information you are seeking.]

 

[This paragraph is optional, but you may want to specify what you are willing to pay for. Here are three options: If there are any fees for searching or copying these records, please inform me before filling my request. OR I am willing to pay fees for this request up to a maximum of $ __________. If you estimate that the fees will exceed this limit, please inform me first. OR I request a waiver of all fees for this request since the disclosure of the information I seek is not primarily in my commercial interest, and is likely to contribute significantly to public understanding of the operations or activities of the government, making the disclosure a matter of public interest. You may want to provide more detail explaining how your request would be of benefit to public understanding.]

 

Should you deny my request, or any part of the request, please state in writing the basis for the denial, including the exact statutory citation authorizing the denial as required by s. 119.07(1)(d), F.S.

 

I will contact your office within [select a specific period of time: 24 hours, 48 hours, one week, etc.] to discuss when I may expect fulfillment of my request, and payment of any statutorily prescribed fees.  If you have any questions in the interim, you may contact me at [fill in a telephone number or email address].

 

Thank you

[Your Name]

[Your Phone number]

SIX TIMES more people die in Chicago from homicide than Heroin

http://homicides.redeyechicago.com/on average 12 people die of homicide in Chicago EVERY WEEK

http://www.myfoxchicago.com/story/29302192/dea-heroin-chicago

DEA Special Agent: Heroin user dies every 3 days in Chicago area

CHICAGO (FOX 32 News) — For the DEA in Chicago, heroin is now their number one priority.

Agents told FOX 32 that heroin use has tripled in the last three years, and police seized more than 2 million dollars of heroin in the western suburbs over the weekend.

Police found the heroin package at the Aurora Transportation Center. Law enforcement said that with this bust, they may have saved someone from overdosing.

However, the battle against the drug continues.

Heroin is in the city and in the suburbs, and unfortunately it’s not going away anytime soon.

“Priority number one, we are out to save lives, heroin kills more people in Chicago than any other drug,” said Dennis Wichern.

Wichern, a DEA Special Agent in charge, said nationally last year that 8300 people died from a heroin overdose.

He said that it’s mainly coming from Mexico, up interstate 55 and straight to Chicago.

Then when it gets to the city, it spreads to the suburbs.

“Every three days somebody dies in one of the collar counties around Chicago because of heroin,” Wichern said.

He also said the face of the modern day heroin user has changed, and he cites a Roosevelt University study.

“The average heroin user is now a suburban Caucasian that will come into Chicago to obtain their heroin and then go back out to suburbia,” Wichern added.

On Sunday, Kane County Sheriff’s Deputies intercepted a heroin package at the Aurora Transportation Center, and followed 26-year-old Avran Lechuga to an Aurora home.

There, they found more than $7500 in cash and a handgun.

Lechuga is now facing felony drug charges.

Law enforcement said this package of heroin was most likely staying in the Chicago area.

Wichern said heroin has always been here, but now business is booming.

“The Mexicans down in Mexico have gotten better at producing it, and at the same time you look at the studies, the doctors have given out too much painkillers,” Wichern said. “We just have to look at what we use as Americans”

Lechuga is being held on a five million dollar bond and will appear in court next month.

If you or anyone you know is battling an addiction, call this number: 1 800-234-0420.

Practicing medicine and substance abuse “by the numbers”

Feds targeting Indiana pill mill doctors, pharmacists

http://drugtopics.modernmedicine.com/drug-topics/news/feds-targeting-indiana-pill-mill-doctors-pharmacists

Scott County is a small .. abt 24 K population… fairly poor/low income county with two main cities … Scottsburg and Austin. The area  has a lot of the residents on Medicaid. There are six pharmacies in the county  4 – Scottsburg and 2 – Austin… 3 independents and 3 chain stores. The three independents have been around for ever.. the newest opened some THREE DECADES ago..  With the three chains being WalMart, CVS and Jay-C Grocery (Div of Kroger).  My money, is that they will try to shut down the indys and fine the crap out of the corporations.  Isn’t it wonderful that the DEA determines where there is problems totally based on stats like the average Rxs per person..  Practicing medicine “by the numbers”… The county is abt 30 miles north of Louisville KY with a metro population of abt 1.6 million.  It has been stated that the vast majority of these 160 new HIV + pts have a common DNA source of the HIV as well as HEP B & C .  At first Gov Pence refused to implement a clean needle exchange program, but a few days later granted a 30 days program .. which was later extended to one year. Who believes that these substance abusers will not migrate to some of the adjacent counties.. where there is no free needle exchange program. Of course, it was just announced that Indiana was ready to match the number of pharmacy robberies for the entire 2014 period and when calculated on a per-capita basis.. Indiana has 12-13 times more pharmacies robberies than the second place state – California… Indiana is also in the top for the number of meth lab busts.

A recent spike in HIV cases throughout Indiana has federal prosecutors closely scrutinizing doctors and pharmacists who may be recklessly prescribing painkillers.

State officials confirm that more than 160 people have tested positive for HIV in southern Indiana this year. Healthcare officials speculate that drug abusers who graduate to heroin from painkillers are fueling the HIV epidemic. And the painkiller abuse is linked to some unscrupulous doctors and pharmacists.

“Really this has caught our attention,” U.S. Attorney Josh Minkler told CBS4. “We need to react immediately to this problem. Our resources are to go after the sources, and I think at least my studies have shown, we know where the prescription drugs come from.”

Minkler said some doctors are writing too many prescriptions, and some pharmacies are too willing to fill them. He said many of the controlled substances end up on the black market, which eventually leads to heroin use.

“It got the attention at the highest levels of the Department of Justice,” Minkler said. “And so I’ve looked into it. We have to take ownership of, at least in the United States Attorney’s Office, demand reduction.”

Three full-time agents with the Drug Enforcement Administration and an assistant U.S. attorney are focusing on the Indiana problem, Minkler said.

According to the Centers for Disease Control and Prevention, 109 painkiller prescriptions were written for every 100 people in Indiana in 2015. The national average was 82 prescriptions per 100 people. Click here to see that report.

 “I was very surprised,” Minkler said. “I was not aware of the stats that show how often painkillers are prescribed in this state versus the rest of the country.”

Isn’t the DEA suppose to get drugs off the street ?

Rx meds are found on street after DEA orders drop box be relocated

http://www.trivalleycentral.com/arizona_city_independent/people/rx-meds-are-found-on-street-after-dea-orders-drop/article_d972e86a-0ed4-11e5-a9fb-1783f2ca9816.html

Three years ago, Arizona City was the first community anywhere to have a conveniently accessible, yet totally secure, expired prescription medication drop box for local citizens. 

Since then, over 22 of these drop boxes have popped up throughout Pinal County. And since the program began in 2012, more than one million pills have been collected for safe disposal. The phenomenal success of the program continues to attract national attention to Pinal County.

In late April, the Arizona City drop box, along with seven others around Pinal County, garnered some not-so-positive attention from the Drug Enforcement Agency (DEA) when officials at Regional Fire and other rural fire districts were informed by the federal agency that expired prescription medication drop boxes were only allowed to be located in law enforcement agency offices, specifically certified locations and authorized long-term care facilities. Despite the good intentions of the program, the DEA said that prescription medication drop boxes could no longer be located at community centers, local libraries or fire stations.

AC Fire Chief Jeff Heaton complied with the DEA’s sudden policy change, and the local drop box was removed from the AC Fire Station (a perfectly secure facility that is manned 24-7 and features about a dozen closed circuit security cameras in addition to keypad entry security doors) and relocated to the Pinal County Sheriff’s Office substation just a few hundred feet away.

For three years the drop box program ran smoothly and securely, successfully preventing hundreds of pounds of prescription medications off the streets and out of the hands of minors and those seeking to abuse the medications. 

The problem now is that people who stop at the PCSO substation to find no one there  have been dropping off bags of expired medications on the pavement right outside the substation. The situation has arisen due to the fact that the sheriff’s substation is not open 24 hours a day, seven days a week. And since there is no regular office staff it is impossible set up a weekly schedule of office hours for drop box availability inside the substation.

AC Fire District Business Manager Pepper Corbin said that earlier last week someone, after being unable to find anyone at the sheriff’s substation, dropped off a plastic grocery bag full of prescription medications in front of the fire station.

Corbin said that she knew of at least two other bags of medications that had been left outside the PCSO substation the prior week.

Like the proverbial white elephant in the room, the situation created by the DEA’s sudden order to relocate certain prescription drop boxes from fire stations (presumably to increase security and lessen the chances of any dangerous medication finding its way into the hands of those who would possibly abuse or try to illegally resell the drugs), has had the complete opposite effect. In fact, the DEA’s recent order has directly resulted in prescription medications being dropped off right out in the open, on public sidewalks in front of the fire station and PCSO substation where they could be found by anyone who happens to walk by.

Fire Chief Heaton said the situation could best be resolved by having the drop box installed along an outside wall at the PCSO substation (like an ATM machine). This way, PCSO would not have to schedule specific office hours for a staff member(s) to be present for the public to use the drop hox.

The DEA policy change unfortunately affected eight prescription drop boxes that had been located inside fire stations, including Arizona City, Gold Canyon, Apache Junction, Oracle, Mammoth and three in San Tan. Hopefully, similar situations have not occurred with any of those prescription medication drop boxes.

The idea for the prescription medication drop boxes originated with the Pinal County Substance Abuse Council, the Pinal County Sheriff’s Office as well as other area law enforcement agencies. Also involved in the drop box program is the Behavioral Health Authority (known locally as Cenpatico) which is one of the main organizations that funds various Pinal County coalitions (which includes the Arizona City TRIAD) that work against substance abuse was also a supported. The program is also supported by the Arizona Department of Health Services, the Casa grande Alliance and PGCSC Region V.

Presently there are around 22 of these drop boxes throughout Pinal County, all of which are owned by the PCSO. 

Until the situation with the Arizona City drop box is resolved, residents can drop their expired prescription medications off at drop boxes in Eloy or Casa Grande. The closest location to Arizona City is the drop box at the Eloy Police Department, 630 N. Main Street in Eloy. The lobby at the Eloy Police Department is open 24 hours a day, seven days a week. 

AC residents may also use one of two drop boxes located in Casa Grande, one at the CG Police Department at 520 N. Marshall Street, the other at the CGPD building at 373 E. Val Vista Drive.

Items that can be placed in the medical drop off boxes include: expired prescription medications, prescription patches, prescription ointments, over the counter medications, vitamins and medications for pets. Please note certain items are not accepted, including aerosols, inhalers, needles, hydrogen peroxide, lotions or liquids. 

The items not accepted are clearly marked on the drop-box.

Records at the AC Fire Station show that in December 2014 a total of 40 pounds of prescription medications were dropped off in Arizona City. The totals for 2015 were 28 pounds collected in January, 17 pounds collected in February and 15 pounds in March.

Senate Panel Tells DEA to Butt Out of MedMJ States

Chronicle AM: Senate Panel Tells DEA to Butt Out of MedMJ States, MI Legalization Initiatives Approved, More (6/11/15)

http://stopthedrugwar.org/chronicle/2015/jun/11/chronicle_am_senate_panel_tells

The Senate is following the House’s lead in telling the DEA not to interfere in medical marijuana states, two Michigan initiatives get the go-ahead for signature-gathering, a package of heroin bills passes the New York Senate, Vancouver gets tired of Cannabis Day, and more. 

Cannabis Day in Vancouver. The city wants to shut it down. (cannabisday.ca)

Marijuana PolicyHouse Budget Bill Blocks DC Pot Sales for Two Years, But Doesn’t Try to Roll Back Legalization. The House approved an appropriations bill today that would block legal marijuana sales in the District for the next two years. But, in what advocates called a victory, it does not attempt to undo Initiative 71, which allows for legal marijuana cultivation, possession, and consumption.

Michigan Legalization Initiatives Get Go-Ahead for Signature-Gathering. Two separate pot legalization initiatives are ready to start gathering signatures after the state Board of Canvassers approved the wording of their petitions Thursday. One is from the Michigan Cannabis Coalition and the other is from the Comprehensive Cannabis Law Reform Committee. Now, the groups must each gather 253,000 valid voter signatures in order to send the measures before the legislature. If the legislature fails to approve them, they would go before the voters in November 2016.

Medical Marijuana

Senate Committee Votes to Keep DEA Out of Medical Marijuana States. Just last week, in a series of successful amendments to the Justice Department appropriations bill, the House sent a clear message to the DEA and DOJ to stop interfering in medical marijuana states. Today, a similar message came from the Senate. The Senate Appropriations Committee voted two-to-one today in favor of an amendment from Sen. Barbara Mikulski (D-MD) that prohibits the Justice Department, including the DEA, from using federal funds to interfere in the implementation of state medical marijuana laws. Click on the link for more details and reaction.

California Medical Cannabis Organ Transplant Act Wins Committee Vote. The measure, Assembly Bill 258, would bar health providers from denying organ transplants to people solely because they are medical marijuana patients. It has already passed the Assembly, and was approved Wednesday by the Senate Health Committee. It now heads for a Senate floor vote.

Heroin

New York Senate Approves Package of Heroin Bills. The state Senate Tuesday approved a package of bills aimed at curbing the state’s opiate addiction problem. The package is a mix of treatment and law enforcement measures, including a measure allowing police to charge dealers with murder in overdose deaths. The bills now head to the Assembly.

International

Vancouver Tells Marc Emery to Cool It With His Cannabis Day Festival. “Prince of Pot” Marc Emery and his wife, Jodie, have been holding an annual July 1 Cannabis Day protest for nearly 20 years, but now Vancouver city officials have told them to cease and desist because “the city does not support or approve this event at this location as planned.” But Jodie Emery said that people are going to show up regardless, and if there are any problems, “that’s going to fall on the shoulders of the City reps who made this call.”

Canada Supreme Court Expands Definition of Medical Marijuana to Include Edibles. The Canadian high court today ruled that medical marijuana is not limited to dried, smoked flowers, but also includes edibles, extracts, and derivatives. Read the opinion here.

Am I the only one that sees the cause and effect ?

Monitor Pharmacy sold to CVS, 7,000 customer files to be transferred

It is a well known fact that Rx prices, particularly generics, are going up .. some generic as much as 1000%.. It is also a know fact that PBM (Prescription Benefit Managers) are dragging their feet in updating their database for 30-60-90 days in paying pharmacies of these new higher prices

From this article : He said about 7.5 percent of his business’ drug transactions are done at a loss. He breaks even on about 17 percent of transactions.  “You can have the best customer service in the world, but when you do a prescription and lose $300 on it, you can’t stay in business,” he said.

CVS Health is a PBM.. it is also the second largest PDP for Medicare Part D… you know the group of people ( seniors/disabled) that take a disproportionate number of prescriptions. So could the tactics of CVS’ PBM business… helping to making their competitors UNPROFITABLE and then they come in and buy the competitor out.  Isn’t that similar to what Standard Oil did.. that caused Congress to pass The Sherman Antitrust Act.. to prevent cannibalistic business practices and anti-competitive business behaviors by large companies ?

http://www.mlive.com/news/bay-city/index.ssf/2015/06/monitor_pharmacy_closing_after.html

MONITOR TOWNSHIP, MI — For decades, Walter Hagen has picked up prescriptions, gifts and the newspaper from Monitor Pharmacy.

“I like the small town pharmacies,” he said. “They’re fast and friendly. I feel comfortable coming here.”

Come July, though, Hagen and thousands of other area customers won’t be picking up prescriptions from the nearly 50-year-old family-owned pharmacy.

After being approached by national chains for years, Michael and Tammy Bouckaert decided to sell the pharmacy side of their business to the new CVS Pharmacy being built a mile east at Midland Road and Euclid Avenue.

Pointing to stiff competition from several national pharmacy chains that now surround his business and changes to health insurance regulations that make it tough for independent pharmacies to turn a profit on prescription drugs, Michael Bouckaert said it was time to take the deal.

“I grew up here and the people who come in here everyday feel like my family,” he said. “It’s bittersweet, but at some point, we needed to make this business decision.”

Bouckaert declined to comment on terms of the deal.

While the pharmacy side of the business is slated to close July 10, the spirits and gifts section is to remain open. The store is going to be renamed “B’s,” after the owner’s last name. The store won’t sell over-the-counter drugs and health and beauty products anymore, but it’s going to expand its beer, wine and spirits, and boutique gifts selection.

On July 11, files from the estimated 7,000 pharmacy customers are to be transferred to the new CVS Pharmacy. If customers don’t change their preferred pharmacy with their healthcare providers, all prescriptions will automatically go to the new CVS, Bouckaert said.

A majority of the pharmacy’s employees have been hired to work at the new CVS, he added.

CVS Pharmacy sign installed in Bangor TownshipCVS Pharmacy, which is slated to open in July, purchased the pharmacy side of Monitor Pharmacy.

Business challenge

Within 2 miles of Monitor Pharmacy is the new CVS, a Rite Aid and a Walgreens pharmacy. Just a short distance north are pharmacies inside Kroger, Meijer and Kmart stores.

It’s tough to compete against the national chains, Bouckaert said, but the bigger challenge is the current state of healthcare.

He says his generic drug costs have skyrocketed as high as 30 percent in the past year. Healthcare regulations have barred him from price matching national chain drug prices. And insurance reimbursements, in some cases, are causing him to lose money or break even on drug transactions.

“Absorbing the drug costs has been one of our biggest issue,” Bouckaert said.

He said about 7.5 percent of his business’ drug transactions are done at a loss. He breaks even on about 17 percent of transactions.

The trend is being experienced by the nearly 23,000 independent pharmacies across the nation, said Kevin Schweers, a spokesman for the National Community Pharmacists Association.

“Insurance reimbursements is an enormous problem for community pharmacies,” he said. “The costs for some of these drugs can go up 1,000 percent overnight, but the payment they receive from the drug insurance plan stays at the same rate.”

According to a January 2015 survey by the association asking members to address their biggest concerns, drug-reimbursement was at the top of the list, Schweers said.

Pharmacies can appeal reimbursement decisions to the insurance company, but it’s rare to see a retroactive reimbursement, Schweer said.

That’s another reason why Bouckaert has decided to sell his pharmacy business. He has written several appeals over the past few years on top of filing a growing pile of regulatory paperwork.

“Sometimes I feel like a highly qualified secretary buried in paperwork,” he said.

Monitor Pharmacy sold to CVSMonitor Pharmacy, 2981 Midland Road in Monitor Township, in 1968.

History

Monitor Pharmacy was opened by Bouckaert’s parents Don and Jean Bouckaert in 1966. At the turn of the millennium, Don Bouckaert handed the business over to his son.

Don Bouckaert died in October 2004 and his wife died a few months later.

“Everyone knew my parents and they knew everyone who came into the store,” Michael Bouckaert said. “From the very beginning, this place was focused on customer service.”

It’s always been located at the same corner, but started in a smaller building before expanding in 1977 into the larger facility it operates out of today.

The business has always offered gifts and wine, beer and spirits, in addition to its pharmacy, but in 2005, it expanded its boutique business, offering jewelry and clothing.

“It’s always very friendly in here and very fast,” said Lorna Dietlein, who has done business at the pharmacy for at least 15 years. “It’s sad to see it go.”

Monitor Pharmacy sold to CVSStephanie Valley pulls a prescription package for Calvin Lehmann Tuesday, June 9, at Monitor Pharmacy, 2981 Midland Road in Monitor Township. Owner Michael Bouckaert sold the pharmacy side of the business to CVS.

Industry trends

Randy Tomke worked at Monitor Pharmacy as a high school student in the 1970s and now owns Maplewood Pharmacy, a business that’s in its 27th year on Johnson Street on Bay City’s East Side.

He says retirement feels closer every day as his business deals with the same issues as Monitor and the thousands of other independents across the country.

“It’s the state of health care,” Tomke said. “Things have gotten worse in the last couple of years, especially everything going on with reimbursements and the huge increases in prices.”

He says customer service has been the lifeblood of independent pharmacies for decades, but healthcare regulations have made it nearly impossible to stay in business.

“You can have the best customer service in the world, but when you do a prescription and lose $300 on it, you can’t stay in business,” he said.

There were nearly 25,000 independent pharmacies in 2000, according to the NCPA. That number has dropped steadily by about 2,000 pharmacies over the past decade.

As customers were checking out on Tuesday at Monitor Pharmacy, news of its closing was the topic of conversation. Some talked about how they had been coming to the business for years. Others asked where they need to go next.

The teller assured them most of their employees are heading to the CVS that’s a month away from opening and that the same smiling faces will be there to take care of them.

Florida Board of Pharmacy Controlled Substances Standards Committee Meeting June 9th 2015

060915-agenda  <–  click on link to see published agenda


http://www.wesh.com/health/pharmacists-discuss-issues-causing-prescription-drug-problems/33510484

Cardinal-Health-testimony

http://www.wesh.com/health/special-committee-meets-to-discuss-prescription-drug-problems/33478036

What I am putting in this post.. will either be MY OPINION of what I observed at the FL BOP meeting and/or paraphrasing what I understood was  said.

The 800 lb Gorillas  in the room was the absence of the DEA representative that had a “scheduling conflict” and was not able to attend this meeting. IMO.. clearly demonstrates the DEA’s interest in not changing the status quo. If there was a state legislator or a representative from Scott’s or Bondi’s office at the meeting, I was not aware of them. With a estimated 1/3 of the population affected by chronic pain in FL.. the elected officials for these people sure seem to lack interest in issue… Bondi, in particular, was sure interested in using pill mills and drug abuse her in the last re-election campaign.

After the 3+ hr meeting.. the words of the Committee chairman Gavin Meshad… pretty much laid out the future.. the BOP only meets every TWO MONTHS and apparently the FL SUNSHINE LAWS prohibits members from discussing any part of issues on a one to one basis outside of a open public meeting.  He also stated that a solution was to involved many different “players”.. of course, the DEA, the BOP, the prescribers, pharmacists for starters… somethings may involve going to legislators and then all the various lobbyists from who knows what industry can get into “playing games” with any new or change to existing laws.

Being a “student” of the political process for decades… this meeting is typical of the political process.. there was a lot of rhetoric… not the first promise… and not the first action..  or proposed action.

In the discussion among the committee members themselves.. there seemed to be three words/phrases  that dominated the discussion, DEA, FEAR, DRUG ABUSE.  Even though I brought up in my statement that we don’t have an abuse problem .. but a untreated mental health issue… EVERYONE continues to focus on DRUG ABUSE…   FLBOP062015 <–  Here is my proposed presentations, not knowing that there was going to be a THREE MINUTE limit..  which they strictly enforces on everyone EXCEPT for the representative of  NACDS ( National Assoc of Chain Drug Stores) who was allowed to read his entire prepared statements… I guess that the old saying that “sharks don’t attack each other”  is correct 🙂

There was three pain prescribers in the audience that provided testimony about how pts are being denied their needed medications and are suffering.

There was two pain prescribers on the committee and it was obvious that they are not happy with Pharmacists selectively  filling pain meds. One of the pain prescribers asked the legal counsel for the BOP if the BOP had ever sanctioned a pharmacist for LYING TO A PATIENT…. and the first response was NO !! there is nothing in the practice act about being truthful.. and then the legal counsel proceeded to start talking about “fraud” in the practice act…  I guess that UNPROFESSIONAL CONDUCT has a very narrow meaning within the FL practice act.

The other pain prescriber.. elaborated on a story about prescribing 30 10 mg HCD/APAP to a pt/neighbor and it was filled at WAGS… 90 days later he wrote another Rx for 30 doses and the RPH called the prescriber up.. asking ICD9’s, what had been tried before … the typical inquisition by some Pharmacists.. which the prescriber accommodated the RPH.. to which the RPH still refused to fill the Rx… the prescriber asked the Pharmacist for her name/license number and the response was “..I don’t have to provide that …”

This prescriber, also stated that he had checked the FL PMP (E-FORSE) for this particular pt.. and discovered that the first HDC/APAP Rx was not even recorded.. and stated that was a violation of the law… the silence among those on the committee was DEAFENING.

The Exec Direction of the FL Pharmacy Assoc Michael Jackson relayed a story about him receiving a call from a vacationer to FL that was having trouble getting their pain medication filled.. and asked for his help… either because of .. or in spite of the fact that this vacationer  was a DEA AGENT… he made a few phone calls to help get this pt their necessary pain medications… Personally, under such a situation.. I would have told this pt that they just needed to “suck it up… at can’t be all that bad …pain never killed anyone ” :-)…but I digress… 🙁

One Board member Jeenu Philip who is a PDM for WAGS… made the comment that not all of the Pharmacists under his supervision “.. always made good decisions when determining who should or should not get their medications “.

The representative from Cardinal Health Gary Cacciatore is both an attorney/Pharmacist as is Vice President and Associate Chief Regulatory Counsel

His presentation and statements were very analytical and non-clinical… it was all about the GROSS NUMBER of doses… statistics… that a particular pharmacy purchases and Cardinal  has some VERY COMPLEX formulas and other methodologies to determine if a particular pharmacy has a need for a certain number of doses for their pts legit medical needs.  However, since a number of currently practicing Pharmacist testified that they are having to allocate or ration controls to their pts… perhaps Cardinal’s and the other wholesalers’ COMPLEX FORMULAS need to be revised to reflect REALITY ! and if you read between the lines.. the DEA has provided the drug wholesalers with very ambiguous guidelines that can be – as with most things with the DEA – subject to different interpretations on any given day.. Cardinal was the wholesaler whose central FL distribution center was caught up in the 2011-2012 pill mill bust that included two CVS stores in Sanford FL and reportedly the cost to Cardinal before all the dust settled was 34 million dollars and their central FL distribution center DEA license was suspended for two years..

This is a quote from a recently published article in DRUG TOPICS from Robt Mabee Attorney/Pharmacist

A well-documented dilemma unfolds when doctors decide to practice law and lawyers decide to practice medicine. Lawyers and judges are trained to take an adversarial approach to decision-making. Physicians are trained in a collegial environment that encourages decision-making by consensus.   http://drugtopics.modernmedicine.com/drug-topics/news/rx-drug-use-treat-dont-indict

There is an estimated 6-7 million chronic pain pts in FL.. and 11 provided testimony yesterday that represents 0.000157 % of the chronic pain population that came to present their side of how the war on drugs/pts was adversely affecting their lives.

YOU DO NOTHING…. YOU GET NOTHING !

DA more concerned about enforcing the law than saving lives ?

Forward Thinking Police Chief Refuses to Treat Addicts as Criminals, Naturally He’s Being Attacked

http://thefreethoughtproject.com/da-tells-police-chief-lacks-legal-authority-arrest-drug-addicts/#06XskK2hDIxwwz7a.99

Gloucester, Mass. – Police Chief Leonard Campanello took a bold stance when earlier this month he announced that his department would no longer arrest addicts that came the police station to turn in drugs or drug paraphernalia if they were seeking help.

In a not so surprising move, the Essex District Attorney, in a letter to Gloucester Police Chief Leonard Campanello, warned that he may “lack the legal authority” to make promises of not charging heroin addicts criminally.

Rather than putting more people into the already overburdened criminal justice system, Campanello said that his department would connect those seeking help with volunteers that would assist them in getting into a detox or treatment program.

This past Wednesday, in a letter to Campanello, Essex District Attorney Jonathon Blodgett informed the police chief that he is not able to legally accommodate his promise.

“While we applaud the general idea of your proposal, an explicit promise not to charge a person who unlawfully possesses drugs may not amount to a charging promise that you lack legal authority to make, and on which a drug offender may not be able to rely,” Blodgett wrote.

Blodgett applauds the efforts of Campanello, but makes note that it is his duty to inform the police chief regarding the limitations that police and prosecutors face.

On the surface, this may sound legitimate. But if we dig deeper, we come to realize that there are many laws still on the books that are simply no longer enforced.

Using Blodgett’s logic all laws on the books must be enforced by police, which if true would lead to some interesting situations.

Gloucester, Mass. – Police Chief Leonard Campanello took a bold stance when earlier this month he announced that his department would no longer arrest addicts that came the police station to turn in drugs or drug paraphernalia if they were seeking help.

In a not so surprising move, the Essex District Attorney, in a letter to Gloucester Police Chief Leonard Campanello, warned that he may “lack the legal authority” to make promises of not charging heroin addicts criminally.

Rather than putting more people into the already overburdened criminal justice system, Campanello said that his department would connect those seeking help with volunteers that would assist them in getting into a detox or treatment program.

This past Wednesday, in a letter to Campanello, Essex District Attorney Jonathon Blodgett informed the police chief that he is not able to legally accommodate his promise.

“While we applaud the general idea of your proposal, an explicit promise not to charge a person who unlawfully possesses drugs may not amount to a charging promise that you lack legal authority to make, and on which a drug offender may not be able to rely,” Blodgett wrote.

Blodgett applauds the efforts of Campanello, but makes note that it is his duty to inform the police chief regarding the limitations that police and prosecutors face.

On the surface, this may sound legitimate. But if we dig deeper, we come to realize that there are many laws still on the books that are simply no longer enforced.

Using Blodgett’s logic all laws on the books must be enforced by police, which if true would lead to some interesting situations.

You do NOTHING… you get NOTHING !

bethere

June 9, 2015

Controlled Substance Rules Committee

Meeting Location:
B Resort & Spa
1905 Hotel Plaza Blvd
Lake Buena Vista, FL 32830

 

ww10.doh.state.fl.us/pub/bop/Public_Meeting_Materials/Controlled_Substance_Committee_Agenda_06092015.pdf

The Florida Board of Pharmacy is having a public meeting on Tues June 9th

On June 9th, 2015, the Florida Board of Pharmacy will be convening a special committee to discuss the problem and identify solutions.  Industry experts and members of the health care community will be invited to participate in a frank and open discussion.  This will be a meeting open to the public and the media.  We believe the most compelling evidence of the need for solutions is the personal story you and others like you have shared.

If at all possible … if you suffer from chronic pain.. you need to be there… lack of attendance will most likely interpreted by the bureaucrats as there is really no pain management crisis.  If you can’t attend … send them a email..

If you chose to STAND BACK.. rather than STAND UP.. it will be those in the chronic pain community that will continue to suffer.

Could prescribers providing ESI.. without medical necessity .. healthcare fraud ?

Las Cruces Doctor, License Revoked, Arraigned On New Health Fraud Charges

http://krwg.org/post/las-cruces-doctor-license-revoked-arraigned-new-health-fraud-charges

Pawan Kumar Jain, 62, of Las Cruces, N.M., was arraigned this morning in Las Cruces federal court on a 114-count superseding indictment which alleges that, among other crimes, Jain’s over-prescribing of opioid pain medication resulted in the deaths of four patients.  Jain entered a not guilty plea this morning to the superseding indictment; he remains in custody pending trial.  The filing of the superseding indictment was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division, and Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division.

Jain initially was charged in a 111-count indictment filed on April 16, 2014.  The indictment charged Jain with 61 counts of unlawfully dispensing controlled substances and 50 counts of healthcare fraud. The superseding indictment, which was filed on May 20, 2015, adds two new counts of the unlawful dispensing of controlled substances resulting in death and a new count of healthcare fraud resulting in death, for a total of 63 dispensing charges and 51 healthcare fraud charges.   According to the superseding indictment, Jain allegedly committed the offenses charged between April 2009 and June 2010, in Doña Ana County, N.M.  During that period, Jain was a licensed physician with a neurology subspecialty who operated a pain management medical practice in Las Cruces.  Jain’s medical license was suspended in June 2012 and subsequently revoked in Dec. 2012 by the New Mexico Medical Board. 

Each of the 63 dispensing charges in the superseding indictment alleges that Jain unlawfully dispensed prescription painkillers, primarily Oxycodone and methadone, to patients outside the usual course of medical practice and without a legitimate medical purpose.  The maximum statutory penalty for a conviction on each of the 63 dispensing charges is 20 years in prison and a $1,000,000.00 fine. 

The 51 healthcare fraud charges allege that Jain engaged in a scheme to defraud two health care benefit programs, Medicare and Medicaid, by causing claims to be submitted for payment for prescription medications he dispensed to patients outside the usual course of medical practice and without legitimate medical purpose.  The maximum statutory penalty for a conviction on each of the health care fraud charges is ten years in prison and a $250,000.00 fine.

Seven counts in the superseding indictment, Counts 1 through 7, expose Jain to enhanced sentencing because the criminal conduct charged allegedly resulted in the deaths of four patients.   Those Counts contain the following allegations:

·         Counts 1 and 2 – that Jain’s unlawful dispensing of prescription painkillers, 270 tablets of methadone (10 mg), and fraudulent conduct in late Nov. 2009, resulted in the death of a patient identified by the initials “M.E.B” on Dec. 25, 2009.  

·         Counts 3 and 4 – that Jain’s unlawful dispensing of prescription painkillers, 120 tablets of oxycodone (30 mg), and fraudulent conduct on July 27, 2010, resulted in the death of a patient identified by the initials “N.D.” on July 29, 2010.  

 

·         Count 5 – that Jain’s unlawful dispensing of prescription painkillers, 90 tablets of morphine sulfate (60 mg), in June 2010, resulted in the death of a patient identified by the initials “R.B.” on Aug. 14, 2010.

·         Counts 6 and 7 – that Jain’s unlawful dispensing of prescription painkillers, 180 tablets of oxycodone (30 mg), and fraudulent conduct on June 14, 2010, resulted in the death of a patient identified by the initials “T.B.” on June 18, 2010.  

 

The enhanced penalty for a conviction on each of Counts 1, 3, 5 and 6, which allege the unlawful dispensing of a controlled substance resulting in death, is a statutory mandatory minimum 20 years in prison and a maximum of life in prison.  The enhanced statutory maximum penalty for a conviction on each of Counts 2, 4 and 7, which allege healthcare fraud resulting in death, is life imprisonment.

This case was investigated by the DEA’s Tactical Diversion Team in El Paso, Texas and the FBI’s Healthcare Fraud Unit with assistance from the New Mexico Medical Board and the New Mexico Board of Pharmacy.  The case is being prosecuted by Assistant U.S. Attorneys Sarah M. Davenport and Richard C. Williams of the U.S. Attorney’s Las Cruces Branch Office.

DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.

This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.  The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico.  The HOPE Initiative comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.  The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners.  Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.

Charges in indictments are merely accusations, and defendants are presumed innocent unless proven guilty.

Information from Department of Justice