Wednesday, June 25, 2008

Foxes Guarding the Chicken Coop

My colleague Jesse Vivian wrote an interesting article, FDA Inspection of Foreign Drug Companies.

The article recounts the appalling failures of the FDA to protect the purity of foods and drugs we consume. I do differ with my friend, Dr. Vivian, when he states in his commentary:

What's going on here? Political pundits might take the low road to explain the situation. Dr. Woodcock works for Dr. von Eschenbach, who is a personal friend of President George W. Bush. President Bush reportedly does not like the idea of burdening members of the Pharmaceutical Research and Manufacturers of America (PhRMA) with additional costs and, of course, PhRMA opposes the legislation. That may be the skeptic's viewpoint. But there are two sides to every story. – Jesse Vivian

My Response to Vivian’s Commentary

The sole purpose of the FDA is to protect the public from unsafe food and drugs. That is why the agency was created. Remember Upton Sinclair’s book, The Jungle? The book told of the unsanitary conditions in the meat packing industry at the turn of the century. The public outcry led to the passage of acts to protect American consumers from reckless industry practices that poisoned our food and drugs. Who would think that today, toys for our children come from China with lead paint and heparin is purposely contaminated for profit? I am supposed to find this acceptable because big business profits?

Where, when and how did the FDA fail its mission? It can be traced to the Ronald Reagan administration and a now discredited philosophy that government is “the problem, not the solution” and big business not only can be trusted to police itself but can do everything better than the “public sector”.

We have lived long enough to see this naïve notion completely discredited by companies routinely poisoning consumers, cheating government and individuals by conspiring to overcharge for prescription drugs, exploiting home buyers with outrageous mortgages, usurious interest rates on credit cards and charging outrageous prices for gasoline.

The true “low road” is to fail to put the blame on those responsible. I hear cynics say both political parties are “the same”. I say that the Republican Party invented and implemented the concept of putting former industry lobbyists in charge of the very government agencies that are supposed to regulate the industries for your protection.

In short, President Bush handpicked foxes to guard all of our chicken coops. Now that most of the chickens are mysteriously missing, save for feathers on the ground, we are asked to believe the fat foxes had nothing to do with the missing chickens.

Friday, June 20, 2008

Announcement

Thank you to all who have sent contributions to Brent Pencak's campaign. The donations are greatly appreciated and be assured that every penny will be well spent well in pursuit of winning the election. As always, additional contributions are needed for signs and literature. Please donate what you can. The customary IRS Rules for campaign deductions apply. Checks can be made out to "Committee to Elect Brent Pencak" and sent to: PO Box 515, Richmond, MI 48062 If you are donating over $100.00 please include your occupation and business address. This is necessary for campaign finance laws. Contributions are limited to $500.00. His website can be found at http://pencak4mihouse.com

Big news soon! I am going to announce a new live seminar series on pharmacy law and practice that will be approved for continuing education. This will be unlike the boring and often impractical seminars that we have become accustomed to. In fact, I'm pretty excited about teaching this program.

Thursday, May 29, 2008

The Solution

If you are like me, you have become disillusioned with the inability of pharmacy organizations and PACs to persuade the Michigan legislature to act in the interest of pharmacy and our own state economy.

Michigan State employees continue to receive their prescription medications from out-of-state mail order pharmacies. Our taxes pay for those prescriptions. Even more, it would be an economic boom to have Michigan pharmacies dispense those prescriptions to the Michigan State employees. You would be able to retain or hire new employees to process the flood of prescriptions. Your Michigan based pharmacy would pay taxes back into the system and this would create a cycle of self-perpetuating income.

There still is no law in the State of Michigan requiring mandatory lunch breaks for pharmacists who work incredibly long hours. There is ample empirical evidence to suggest that physically fatigued pharmacists are more likely to commit errors and this puts the public health at risk. This is a sufficient constitutional ground to enact such working condition legislation protection for pharmacists and the people of Michigan.

There are even more ideas I have that will advance pharmacists quality of life, prosperity, and to create more good jobs in Michigan.

As many of you are aware I have explored working within the MPA, forming a new pharmacy organization and other initiatives.

I am tired of waiting. We want change now. Do you realize that the only reason PACs ask for your money is simply to purchase time with our state legislators? That’s right, we are paying hundreds of thousands of dollars for a mere audience with people we elect that are supposed to serve the State’s interest and not their own. Yet, even as you write the check to the PAC, you know deep down inside, that the drug manufacturers and insurance companies and large employers write checks that dwarf your contribution into insignificance.

Does this mean we should quit the good fight? No, it means we have to do something different and effective. What is the plan?

My plan is to elect a Michigan Congressman who is incorruptible, highly intelligent with an excellent education and a thorough understanding of the issues holding back pharmacy and the economy in Michigan. A young man who recently graduated from the University of Michigan who majored in Political Science and minored in Philosophy and studied Arabic and German. A young man who as a child, read so many advanced books on the American Revolution, the Federalist Papers and our Constitutional system of government that he soon knew more than most college students about the principles of American Government. A young man who was taught by his father that the great strength of America is the strength of its middle class. His father taught him that the rich will always be able to protect themselves in any form of government but the middle class is always at risk.

It is with great pride that I introduce you to the man I hope will be the next Michigan Representative for the 81st District, my son Brent Pencak. If pharmacists help Brent Pencak, you will not need to pay PACs to voice your needs. Brent already knows. Brent needs to win the primary in August

With your help, Brent Pencak will be your state representative with the power to introduce the legislation we have dreamed of for decades.

- Christopher Pencak


My name is Brent Pencak and I am running as a Democratic Candidate for State Representative of the 81st District. A map of the 81st District can be found here, and includes areas such as Marysville, St. Clair, Yale, Port Huron Township, Algonac, Marine City, and Clyde Township. My website is under construction, but I have a blog which can be found here- http://pencak4mihouse.blogspot.com/

I recently graduated from the University of Michigan with a degree in Political Science and I also studied courses in Philosophy, Arabic, and German. I was inspired to pursue public office because of my membership with a student-think tank, the Roosevelt Institution. We wrote and tried to implement our policy ideas, including hosting a regional conference addressing ways to reenergize the Midwest economy.

As the son of a pharmacist and lawyer, I recognize the unique challenges faced by pharmacists. Although I will be elected by members of my district, I will work to represent the interests of pharmacists across the state. As your representative, I will work as an advocate for the rights of pharmacists.

Some of the issues that I wish to focus on during my time in office:

Pharmacists, as professionals, should receive a mandatory, paid 30-minute minimum lunch break when working shifts of eight hours or longer. This policy will help ensure public safety through less fatigued and more focused pharmacists on the job. It will also increase retention rates, preventing mental and physical breakdown among overworked pharmacists.

Michigan state employees will be mandated to have their prescriptions filled in-state rather than through mail. To help ensure fair pricing, Michigan pharmacies will be allowed to price match out-of-state prices. This plan will keep businesses and employees in the state and result in more tax dollars staying in our state.

An embarrassing burden for pharmacists who have had their license sanctioned is having their name posted on a publicly viewable list on the Internet. This unnecessary shame should be resolved with a sunset provision requiring names be removed after 3 years.

I intend to work with the Board of Pharmacy to address these needs and future needs of pharmacists. For example, working with the Board, I want to encourage them to issue more declaratory rulings. A declaratory ruling is a binding decision to clarify issues. For example, many pharmacists invested in Internet pharmacies before knowing the legality. Wouldn’t it be great to receive judgments on legality before investing time and money? Increased cooperation between the Board and pharmacists can only help clarify rules and prevent future problems.

I recognize the needs of pharmacists not only as professionals, but as community leaders and economic anchors. In my Congressional district are many small towns and cities where often times the pharmacy is the economic center of town, serving the needs of the community year-round. Pharmacists still serve the traditional role as a respected community leader. Not only are consumers’ needs met, but pharmacies offer jobs for many in the community. The experience of working at a pharmacy encourages many to pursue a career in pharmacy.

Another focus of mine is protection of drinking water and the environment through mandated proper disposal of prescription drugs. Adverse affects on animals have been proven. Can adverse affects on humans be far behind? As the Great Lakes State, we have an increased reason for concern. Properly mandated disposal of prescription drugs can prevent further contamination of water.

Michigan’s primary will be on August 5, 2008 and the general election is November 4, 2008. Here is a link to the Michigan Voter Information Center with voter registration information.

I know that you might think that you cannot help or benefit from my campaign because you are not in my district. However, if I am elected, I will be representing the State of Michigan and will introduce bills to improve the entire state. Remember to spread the word to friends, other pharmacists, and pharmacist groups. This is the opportunity to create change for the entire state.

I will be grateful for any contribution that you can make for my campaign. Please make checks out to the “Committee to Elect Brent Pencak”. My address is:

PO Box 515
Richmond, MI 48062

Include your full name and address. Contributions are limited to $500.00. If you are making a contribution more than $100.0, please include your profession, employer, and business address. I apologize for the inconvenience, but it is required election law.

If you are interested in volunteering for the campaign, please email me at the address below.

If you have any questions or comments, please email at pencak4mihouse@gmail.com


Wednesday, May 28, 2008

Confidentiality Reminder

The LA Times had a recent article on the celebrity snooping scandal at the UCLA Medical Center. There have been 68 current and former workers implicated in this investigation, centering primarily on hospital staff searching the records of celebrities such as Britney Spears and Farrah Fawcett. One administrative specialist was indicted by a federal grand jury and is facing up to 10 years in prison.

Not only is snooping medical records a moral and ethical issue, but it is illegal. In the UCLA case, not only are the individuals facing punishment, but the State of California is looking at sanctioning the Medical Center. This serves as an important reminder to safeguard your records and computer systems and ensure employees are trained and reminded to follow privacy policies.

Tuesday, May 27, 2008

Big Money for Pharmacists

A settlement between CVS Caremark Corporation, the United States, and several states was approved by a Federal District Court in Northern Illinois. Between 1999 and 2006, CVS was alleged to substitute capsule of Ranitidine for tablets for Medicaid prescriptions, allowing them to evade the Federal Upper Limit pricing for Ranitidine tablets. This caused over-billing.

The settlement allowed CVS to deny wrongdoing or violation of state or federal law. The settlement sent $21 million to the federal government, $15.6 million to state plaintiffs, and $4.3 million to the qui tam relator, a part-time pharmacist of CVS.

I have experience in these cases and they can be very lucrative for persons who are aware of overbilling or other corporate fraud.

Expect a big announcement in the coming days.


Happy Memorial Day

I hope that everyone's holiday weekend was good and you enjoyed the weather.

We will be making several updates to the blog over the coming days, so I hope that you will watch for those.