In 2004, the Maine Legislature passed a bill creating an unused pharmaceuticals disposal program. In 2007, the University of Maine's Center on Aging received a $150,000 grant from the U.S. Environmental Protection Agency for a prescription drug mail-back pilot program. Prepaid mailers were made available to the public through pharmacies and medical clinics. Unused drugs were to be put into the mailers, which went to the Maine Drug Enforcement Agency where pharmacists tabulated what types of drugs are being discarded. The drugs were then sent to a hazardous waste incinerator.
Christopher Pencak, R.Ph., J.D. graduated from Wayne State University College of Pharmacy in 1976 and practiced in a variety of settings. Mr. Pencak graduated Michigan State University College of Law, Cum Laude and Law Review, in 1982. He specializes in pharmacy law and the representation of all health professionals. Mr. Pencak loves being on the cutting edge of the evolution of pharmacy. His website can be found at http://www.pharmacylawpro.com.
Friday, July 23, 2010
Prescription Drug Disposal
Painkiller Abuse
Visits to hospital emergency departments for abuse of pain drugs more than doubled from 2004 to 2008, jumping from 144,644 to 305,885 visits annually, according to a study released last month by the CDC and the Substance Abuse and Mental Health Services Administration.
Thursday, July 22, 2010
Environmental Threats
Numerous residents in communities where Birds Eye has sprayed say it has caused their wells to produce water that is discolored and foul-smelling, and has elevated levels of potential toxins such as arsenic and iron.Under the agreement with the state, Birds Eye agreed to install a new $3.8 million wastewater treatment system and spray only during the growing season, the department said. At other times, the wastewater will be discharged to Fennville's municipal treatment works.Also, the company will complete an investigation of the groundwater contamination and do what is necessary to fix it.Birds Eye will continue providing bottled water to people whose well water doesn't meet health standards until Fennville completes an extension of its water supply network.
Friday, July 16, 2010
Medicare Bust
The local health care companies were located in Detroit, Livonia, Southfield and Oak Park.
From the Detroit Free Press:
McQuade and Detroit FBI chief Andrew Arena said economically distressed areas like metro Detroit are hot spots for Medicare fraud, which prompted McQuade to assign more people to prosecute such cases.
From the Detroit News:
"They prey on people desperate for drugs," said Barbara McQuade, U.S. Attorney for the Eastern District of Michigan. "Prescription drugs often are the benefit provided. They exchange stats that allow false billing."
Wednesday, June 23, 2010
A New Threat to Pharmacists
This is a dangerous and slippery slope for pharmacists. You cannot allow the profession to be seen as simply pill counters who can be replaced by machines. The video link used by the machine will connect patients with pharmacists overseas who will do your job for far less.
The machines would be able to dispense drugs at any time of the day or night. They come in two models, the paper reported, one holding 330 packs of medicine and the other 2,000.Users insert their prescription into the machine and pick up a telephone to access a live video link to a registered pharmacist.
The pharmacist will check the prescription and ensure those who have to pay have done so before allowing the machine to dispense the drugs.
New CVS Controversy
[Attorney General Richard] Blumenthal, in cooperation with Department of Consumer Protection commissioner Jerry Farrell, Jr., has sent CVS Caremark a subpoena to explain why providing the discounts to the state Medicaid program would result in termination of its Health Savings Pass program in Connecticut and other information. The deadline for compliance is July 9.
In response to the matter, CVS Caremark said that it intends to "fully comply with all applicable legal requirements in this matter" and "will fully cooperate with the Attorney General's investigation."
Wednesday, May 26, 2010
Gone Fishing!
CVS Caremark Editorial
U.S. Senators Sherrod Brown (D-Ohio), Byron Dorgan (D-N.D.), Russ Feingold (D-Wis.), Amy Klobuchar (D-Minn.), Frank Lautenberg (D-N.J.), Mark Pryor (D-Ark.) and Roger Wicker (R-Miss.), and U.S. Representatives Michael Acuri (D-N.Y.), Robert Aderholt (R-Ala.), Marion Berry (D-Ark.), Jo Bonner (R-Ala.), John Boozman (R-Ark.), Judy Chu (D-Calif.), Lloyd Doggett (D-Texas), Jim Gerlach (R-Pa.), Walter Jones (R-N.C.), Larry Kissell (D-N.C.), Robert Latta (R-Ohio), Michael Rogers (R-Ala.), Linda Sanchez (D-Calif.), Jan Schakowsky (D-Ill.) and Anthony Weiner (D-N.Y.)
“the FTC to reopen the CVS Caremark merger investigation and determine if the acquisition poses a threat of reducing competition or whether CVS is engaging in any unfair or deceptive business practices.”Listed in Mr. Harmison's piece are these familiar problems,
This month, community pharmacists renewed the case against CVS Caremark and presented additional evidence to the enforcement agency. On one occasion, NCPA detailed CVS Caremark tactics that secretly boost the costs to health plans and profitability of its mail order pharmacy. Also brought to the FTC’s attention is how aggressive auditing is used to recoup funds from community pharmacies on minor technicalities.
Thursday, May 20, 2010
Prescription Drug Use by Children
It is concerning that children are being treated with drugs normally used by adults, such as cholesterol fighters and Type 2 diabetes.
...they noted that more children are being treated with cholesterol fighters or powerful anti-psychotics normally used by adults.
DMC Story
A few weeks ago, officials with the Detroit Medical Center, the city's largest health system, made an announcement that was as startling as it was welcome: that they intended to sell the nonprofit to an investor-owned company. As part of the deal, Nashville-based Vanguard Health Systems promised to spend $850 million on much-needed capital improvements. If the deal goes through, hospital officials say it will be the largest single investment in Detroit ever.
Wednesday, May 19, 2010
CVS Caremark Lobbying Numbers
Its lobbying interests included changes to Medicare and Medicaid programs that were made as part of the health care overhaul. Those included the elimination of the "donut hole" coverage gap in the Medicare Part D drug benefit. CVS also discussed reimbursement rates for generic drugs, changes in coverage, and regulation on generic biologic drugs.
The company lobbied on antitrust legislation, along with disclosure requirements, employment, and training, and the Federal Employees Health Benefits Program.
Lansing Sues Retail Pharmacies
...city attorney Brig Smith alleged that Walgreens, CVS and Rite Aid violated a law that exists in three states, including Michigan, and restricts the amount of profits that retail pharmacies can collect from generic drugs.
Monday, May 10, 2010
CVS Investigation
CVS Caremark Corp., the largest U.S. provider of prescription drugs, said its business practices are under investigation by 24 states.
The probe is similar to one that was started by the U.S. Federal Trade Commission last year, CVS said in a filing today. The District of Columbia and county of Los Angeles are also participating in the investigation, according to the filing. CVS said it’s cooperating with the investigations.
A multistate task force is reviewing the relationship and practices of CVS and Caremark following their 2007 merger, Connecticut Attorney General Richard Blumenthal said in March. The offices of the attorneys general of Illinois and Florida also confirmed in March that they were taking part in the investigation.
CVS also said it received a subpoena from the Office of Inspector General within the U.S. Department of Health and Human Services for information on incentives for customers to transfer their prescriptions to CVS’s pharmacies. Offers included gift cards, cash, non-prescription goods and coupons, according to the filing with the Securities and Exchange Commission.
Monday, March 22, 2010
Prescirption Drug Thefts are Increasing
Pharmaceutical heists in the U.S. have quadrupled since 2006, a coalition of industry and law enforcement estimates. And experts say the reasons include spotty security and high drug prices that can make such thefts extremely lucrative.
Vitamin D Supplements for Infants
Personally, I take Vitamin D supplements and strongly encourage others to do it.
Tuesday, March 16, 2010
Prescription Disposal
We must reach a better solution for disposal of prescription drugs across the nation. Disturbing reports of their effects on amphibians and fish should be enough to convince stakeholders of the necessity of action.
Wisconsin Prescription Drug Law
Community pharmacists are fighting this law hard.
Thursday, March 11, 2010
The American Workers, State, and Business Relief Act of 2010
This bill will probably have effects on DME accreditation as well. I will link to information on that shortly.
Monday, March 08, 2010
Newsletter Reminder
The newsletter is a great resource for health professionals.
Wednesday, March 03, 2010
Fish Oil Supplement Problems
According to California law, people should not be exposed to more than 90 nanograms of this carcinogen a day. But the results of the activists' tests showed three of the 10 -- Nature Made Cod Liver Oil, and Now Foods' Salmon Oil and Double Strength Cod Liver Oil -- contained much more than that.
Tuesday, March 02, 2010
Nice Article
It highlights the extra mile that these pharmacists will go to ensure their patients' health and happiness.
Prescription Disposal Assistance During Earth Week
This press release explains some of the details.
Proper prescription drug disposal is a benefit to the environment and community.
Wednesday, February 24, 2010
Lawyers USA Blog Post
Tuesday, February 23, 2010
Newsletter
California Pharmacy Labeling Law Rejection
Thursday, February 18, 2010
Early Education Changes
As changes to education standards are considered, I have a couple suggestions.
First, children should be taught how to think from an early age. If children know how to think, they can learn anything easier. Theories of logic, deductive reasoning and inductive reasoning are applicable across all subjects.
Second, in addition to practical finances, students need to learn practical probability and statistics. This will make them smarter with their finances, better citizens and lead to smarter medical decisions. Casino patrons will have a better idea that their chance of winning is slim. Voters will better understand political polls and concepts such as loaded questions leading to desired answers. Even medical decisions, such as new drug choices, will be affected because patients will understand studies regarding the effectiveness of new drugs.
Wednesday, February 17, 2010
Time for Change for Performance Enhancing Drugs?
Is it time for a new look at performance enhancing drugs? Should we make the drugs legal through prescription?
Look at any bodybuilding forum online and it is clear that their availability is widespread. If an athlete wants to use the drugs, he/she can. Their level of knowledge is quite impressive. Users combine multiple drugs to achieve the benefits while counteracting the side effects. Yet the manufacturing of the drugs can be suspect and their safety should be questioned.
But this knowledge comes from others’ trial and error and locker room talk. It would be safer for knowledgeable physicians to prescribe performance enhancing drugs. Physicians and pharmacists can monitor the long-term effects and ensure a safer supply of drugs.
I see performance enhancing drugs being especially important for motivating people to exercise. Why should we prescribe drugs like Lipitor to lower cholesterol but not prescribe drugs that will help and encourage people to exercise? The drugs can help people achieve and see results faster and encourage them to continue exercising.
Tuesday, February 16, 2010
Atypical Antipsychotics MOA
Do any of the physicians or pharmacists out there know the mechanism of action that causes weight gain in patients taking atypical antipsychotics?
Please let me know.
I would be interested in looking at the MOA and what suggestions this might hold for weight gain. Conversely, can we learn anything more about weight loss from the MOA?
Thursday, January 21, 2010
Technology in Health Care
“I’m optimistic. The money is coming. The national debate has been engaged. And now is the time where our industry may be able to step up with some enabling factors and make an even bigger difference,” Ballmer said.
Ohio Prescription Database Fight
Jeff Smith, director of government relations at the Ohio State Medical Association, said the group would likely oppose any mandate on doctors forcing them to check a database for prescriptions.
"We're not ready to agree to that kind of administrative burden on the Ohio physicians," Smith said, adding that it would hit doctors at a time when they are seeing more patients and implementing their own electronic medical records.
Doctors receive training on what to look for and how to evaluate potential patients who are doctor shopping for dangerous pain medications, Smith said.
However, he said, the statewide doctor's association is willing to work with the pharmacy board to understand why physicians aren't already voluntarily participating.
Tuesday, January 19, 2010
Medical Cost Database
The database systems combine information from all patients, whether they paid through private health insurance, Medicaid or out of their pockets.
Kefalas said he'd like to see Colorado's system track the cost of various episodes of care and compare them to similar situations in other parts of the state.
Thursday, January 14, 2010
Healthcare Reform Benefit
But the opportunity cost of sticking around a larger company for the coverage can be steep. Job lock costs U.S. workers an estimated $3.7 billion every year in foregone wages, according to a 2009 report from the White House Council of Economic Advisers.
FTC Ban on 'Pay to Delay'?
Agency officials estimate the deals cost American consumers $3.5 billion per year in unnecessarily high drug prices.
Tuesday, January 12, 2010
Disturbing Quote
A 14-time felon has been charged with robbing the Maple Leaf Pharmacy and the Ballard Walgreens with an illegally possessed handgun, and is suspected of robbing the Reckless Video in Maple Leaf last month.
Jacob Harley Shook, 29, was released from the Monroe prison about six weeks ago, and told a friend he met there "robbing pharmacies for OxyContin is the only way to go," according to court documents.
More Outsourcing
South Dakota Database
Attorney General Marty Jackley doesn't see money as a problem. Federal grants are available for start-up, and a pool of money from legal settlements can pay the bills for as long as 10 years before the state would need to look for more federal money or increase fees or taxes to maintain the database.
Tuesday, January 05, 2010
Asian Carp Invasion
FDA Scam
Extortionists posing as federal agents have taken as much as $31,000 from frightened people who thought they would be prosecuted for purchasing their medications from outside the country, federal regulators say.
Nevada Supreme Court Case
The Nevada Supreme Court has ruled that pharmacies are not liable for the actions of their customers when those medicated patients cause harm to third parties. The much-anticipated ruling comes in a case filed against Wal-Mart and other local pharmacies involving a Las Vegas woman who killed one person and injured another while driving under the influence of prescription drugs.
Happy Holidays and Happy New Years
Friday, December 11, 2009
Data Mining
The amendment to the Senate health care bill would effectively ban pharmaceutical data mining, the drug company practice of buying prescription records to target sales pitches to doctors.Sens. Herb Kohl of Wisconsin and Dick Durbin of Illinois say the measure will combat "harassing sales practices" and "restrain undue influence" of pharmaceutical salespersons.
Crime Prevention
The video is on RxPatrol's website and can be directly accessed here.
Wednesday, December 09, 2009
High Regard
Can you guess the top three spots?
Nurses, Pharmacists and Medical Doctors are the top professions believed to have high ethics.
Great news for health care professions and a sign that your opinion is valued. Use it wisely.
Monday, November 30, 2009
Uh Oh
Where do the savings come from? Your job being cut.
Currently only three few hospitals in the United States have purchased and installed the one million dollar RIVA platform. Apparently, this long term investment pays itself out after two years by trimming a few lower level pharmacist jobs, reducing the number of medication errors and potential medical malpractice lawsuits, reducing wastes of doses and batches and avoiding disastrous cross contaminations of fluids.
Continuing Article
Evidence shows that when clinical pharmacists collaborate with physicians, they improve health outcomes. And with their extensive knowledge of available drugs, pharmacists can help to save money by using the most cost-effective ones.
"Traditionally, pharmacists have not been seen as caregivers, says Dr. Paul Gregerson, chief medical officer for the institute. "But these days, they fill a gap that has been left in the current healthcare system where physicians are so rushed."
Underutilized Role of Pharmacists
Physicians wholeheartedly agree about the importance of the pharmacist's role. "Pharmacists know more about medications than anybody else in the healthcare system," Gregerson says. "That's what they went to school for. . . . They're like walking encyclopedias."
Monday, November 23, 2009
Happy Thanksgiving!
Tuesday, November 17, 2009
Follow Up on Nevada Pharmacy Case
I was interviewed by USA Lawyer's Weekly regarding this case recently and I will post the article when it is online.
My thoughts on the defense are different. Rather than saying that this would be a burden on pharmacists and that not all pharmacies have Internet access, the focus should be on the woman. If the state had time to put her on a list of people suspected of doctor shopping, why couldn't the state bring charges against her? Target the offender, not the pharmacists.
Friday, November 13, 2009
How Does This Happen? Twice!
Federal health regulators have found tiny particles of trash in drugs made by Genzyme, the second time this year the biotechnology company has been cited for contamination issues.The Food and Drug Administration said Friday that bits of steel, rubber and fiber found in vials of drugs used to treat rare enzyme disorders could cause serious adverse health effects for patients.
Department of Justice Crackdown
The U.S. Justice Department plans to focus on prosecuting those in the pharmaceutical industry who try to bribe foreign officials for preferential treatment of their products, a senior official said on Thursday.The department has been examining fraud and corruption in the healthcare system as part of the overall Obama administration drive to overhaul the system and reduce skyrocketing costs.
Another Wrinkle in the CVS-Caremark Story
Coventry Health, which is moving more than $1 billion a year worth of pharmacy-benefits-management business from CVS Caremark to a rival PBM, accuses the company of wrongfully paying hundreds of thousands of dollars or more in prescription drug claims.
The Coventry Health account is one of several "big client losses" amounting to a net $4.8 billion in erased business for next year that CVS Caremark discussed with investors last week. While investors already knew about some of the lost accounts, including Coventry, there were more than expected, and CVS stock swooned on renewed concerns about the company's hybrid drug retailer-PBM business model.
In a breach-of-contract lawsuit filed against CVS Caremark in September and moved to a U.S. district in Tennessee last month, Coventry alleges that Caremark incorrectly paid numerous drug claims to Coventry members that it should have denied.
Mississippi Court Ruling
Mississippi Medicaid officials should have asked the Legislature for approval before tinkering with a law that would change reimbursements for pharmacists, the state Supreme Court has ruled.
The Supreme Court on Thursday upheld a chancery judge's ruling that the Division of Medicaid had no authority to change how pharmacists were paid to fill prescriptions for people enrolled in the program.
Justice Randy Pierce, writing Thursday for the Supreme Court, said while the courts usually bow to agencies on issues or rules and regulations, Medicaid officials acted outside their authority.
Thursday, November 12, 2009
Compliment
I welcome the compliment.
Speaking of my website, it is newly re-launched with new pages and some new layouts. I hope you like it.
Salary Discrimination
According to Michigan law, an employer cannot prevent you from disclosing your wages as a requirement of employment. Included is requiring you to sign a waiver denying your disclosure rights. Neither can an employer fire, punish or discriminate against advancement for employees who disclose their wages.
The importance of these rules is to prevent pay discrimination between employees based upon age, sex or race. In my most recent newsletter, I address a pay discrimination case out of Massachusetts. The woman involved in the case received a $2 million award because Walmart paid her less than her male colleagues.
Newsletter
If you are not on the mailing list for my newsletter, please send me an email at cpencak@pharmacylawpro.com with your name and address so that you can join the mailing list.
Tuesday, November 10, 2009
Sheepdogs Back on Duty
CVS Caremark has come under criticism from various groups and lawmakers who have asked the FTC [Federal Trade Commission] to review the nearly $27 billion merger of a major drug-store chain and large pharmacy benefits manager that formed the company in March 2007.
In June, the FTC said it was referring to its Bureau of Competition a national independent pharmacists group's concerns that CVS Caremark's pharmacy-benefits-management operation, or PBM, had improperly shared patient information with the company's retail side to steer customers to CVS stores, to the detriment of competitors and customers.
The National Community Pharmacists Association called on the FTC to reopen the CVS Caremark merger, claiming the company engaged in anticompetitive behavior. State legislators and members of Congress this year also asked the FTC for a review.
In May, the National Legislative Association on Prescription Drug Prices, a nonprofit directed by state legislators, encouraged the FTC to open an investigation into CVS's acquisition of Caremark Rx "and the activities and conduct of the firm since the merger." The legislative group said CVS Caremark's conduct threatens to harm consumers by increasing prices and decreasing service and convenience.
While community pharmacists and lawmakers voice concerns that CVS Caremark has improperly wielded its power as a combined drug retailer and PBM, the company has had trouble keeping and winning PBM clients, a situation made clear Thursday as Chief Executive Tom Ryan said the company had some "big client losses" for 2010.
The client news sent CVS shares down nearly 21%, or $7.50, to $28.65, and left some Wall Street analysts questioning the company's retail-PBM business model.
I has always struck me as inherently objectionable when a fox is allowed to guard a chicken, much less over the entire chicken coop. We citizens are essentially sheep at the mercy of large corporate wolves. It is a delight to see that sheepdogs are back.
HPRP Provider
Dr. Baker told me about the increased usage of prescription drugs among high school students. Although illicit drug usage has fallen among high school students across the country, 15.4% of 12th graders have abused prescription drugs within the past year. The most popular drugs are Vicodin, amphetamines, tranquilizers and sedatives. The majority admit to obtaining the drugs from a friend or relative and only 20% admit to purchasing from a dealer or stranger.
Perhaps reminding patients to secure their prescription drugs at home as a routine part of your counseling may decrease availability of drugs to youth.
Lucrative Business Plan?
Generic Tamiflu
Prescription Disposal
Thursday, October 29, 2009
Pharmacy Liability Case
A lawsuit filed by the victims and their families against Wal-Mart, who dispensed a painkiller prescription to Copening, asks whether drugstores must use information at their disposal to protect the public from potentially dangerous customers. In this case, state officials had sent letters to 14 pharmacies in the Las Vegas area warning that Copening could be abusing drugs.
Must Read from the Washington Post
Heightened efforts by the Drug Enforcement Administration to crack down on narcotics abuse are producing a troubling side effect by denying some hospice and elderly patients needed pain medication, according to two Senate Democrats and a coalition of pharmacists and geriatric experts.
Tougher enforcement of the Controlled Substances Act, which tightly restricts the distribution of pain medicines such as morphine and Percocet, is causing pharmacies to balk and is leading to delays in pain relief for those patients and seniors in long-term-care facilities, wrote Sens. Herb Kohl (D-Wis.) and Sheldon Whitehouse (D-R.I.).
The lawmakers wrote to Attorney General Eric H. Holder Jr. this month, urging that the Obama administration issue new directives to the DEA and support a possible legislative fix for the problem, which has bothered nursing home administrators and geriatric experts for years.
Monday, October 26, 2009
Alabama Supreme Court Case
H1N1 Outbreak Tracking
"Surescripts is using information supplied by pharmacies to document how much Tamiflu and other antivirals are being dispensed to patients. The company is giving the data — categorized by zip codes of the pharmacies where the medicine is dispensed and the age group of the patient receiving it — to epidemiologists at the state health department."
American Pharmacy Educator Week
DME
"Tester argued that the accreditation process can be expensive and time consuming for community pharmacies that are often the only option for seniors in rural communities. He also argued that accreditation is redundant, as pharmacies are already subject to oversight and regulation as medical professionals and as state-licensed businesses."
CVS GreenBag Tag
You know I'm in favor of moves that will protect trout habitats.
Prescriptions for OTC Decongestants?
"The new law's critics include the Missouri Medical Association, Missouri Retailers Association and the Missouri Pharmacy Association. Many in the pharmacy industry say such laws will make it more difficult and expensive for those who are sick to get relief."
Friday, October 23, 2009
Donating Cancer Drugs
Here is a link to Michigan's guidelines for its Cancer Drug Repository.
Continued Fight against Meth
In August, Democratic Sen. Ron Wyden of Oregon drafted federal legislation calling for a nationwide prescription mandate for pseudoephedrine; he said he planned to introduce it this year. The White House Office of National Drug Control Policy, which establishes policies and priorities for drug-control programs, is examining Oregon's law, though it hasn't taken a position on it.
Thursday, October 22, 2009
A Bill Threatening Wisconsin's Pharmacists
Monday, October 12, 2009
Newsletter Announcement
We will also be posting an electronic PDF on my website soon so you can read it there too.
I hope you enjoy it as much as I've enjoyed writing it.
Georgia Pharmacy Audit Bill of Rights
Here is a link to a website with the text of the bill.
Here is a link to a savable or printable version of the bill.
A Fine Editorial
"Anyone who values having the option of going to a local independent pharmacy and dealing with a pharmacist who knows you personally and has the time to discuss your prescription needs should contact their state legislators and the governor's office and ask them to support small pharmacies by reconsidering this new state law on self-insurance."
And First off the Line is...Iowa
"Iowa's largest integrated health care system and the nation's largest provider of electronic prescribing software today announced the launch of an initiative to convert a majority of the state's physicians from paper prescriptions- known to be the cause of costly medical errors- to electronic prescribing."
Liberty is not a Popularity Contest
I have to agree with dissenting Judge Karen Nelson Moore, who wrote,
"I cannot think of any other circumstances where we have endorsed an invasion of a person's privacy with so few facts from which to draw an inference that the intrusion would likely uncover evidence of a crime."
U.S. District Judge Janet Neff wrote,
"There is no such things as a fair-weather Constitution, one which offers the harbor of its protections against reasonable search and seizure only in palatable contexts and only to worthy defendants."
Constitution liberties are not subject to popularity contests. Law enforcement has an innate tendency to expand its jurisdiction like a wildfire in the wind. Judges must be a firebreak to prevent harm and humans being consumed by that fire.
Judges must steel themselves against all-too-human, inner emotions and exercise mental discipline.
It is precisely where a defendant is unpopular or reviled that calm and levelheaded thinking in a judge is most required.
While this case involves the repugnance of child pornography, the law of this case will soon be applied to other searches for any alleged crimes. This holding is not limited to child pornography cases. Anything you ever searched is on a computer today.
Friday, October 09, 2009
Generic Replacements
The district attorneys claim the Alabama AG is protecting big business and vow that voters will remember this in the next election.
"If that's the position he wants to take, good luck in the next election," said District Attorney Arthur Green of Jefferson County's Bessemer Division.
Thursday, October 08, 2009
Interesting Case
The case should be an interesting Constitutional law issue.
Pro Bono Requirement
Wednesday, October 07, 2009
DME Medicare Delay
"The Senate acted wisely to ensure seniors can continue purchasing essential medical supplies from their community pharmacies. Without it, thousands of independent community pharmacies would be forced to stop supplying diabetes testing supplies and other products to their patients." Bruce Roberts, National Community Pharmacists Association EVP and CEO
National Pharmacy Week
What will you do to celebrate your profession?
Thursday, July 23, 2009
Lack of Updates
However, I continue to work on the latest newsletter, changes to the website and another big project.
I look forward to sharing with you thoughts and the latest news on pharmacy law.
Tuesday, July 14, 2009
Health Care
When I graduated, national health care was pejoratively called "socialized medicine" and was portrayed as "un-American", or at the very least, "French".
It did not take me too many years as a lawyer and pharmacist to see that the United States of America should have established national health care under a single-payer model 40-years ago, based upon the Medicare system or VA.
We are long overdue to have national health care and I am afraid that it may be too late, even now. The Senate, in particular, is owned by insurance companies and drug makers. We will hear a lot of canards and scare talk about single-payer and the problems it will cause, but it is clearly a smoke screen to preserve the tremendous profits made by insurance companies.
The biggest canard is the claim that in a single-payer system, government bureaucrats will make health care decisions for individuals. This contrasts with our current system in which an insurance employee makes health care decision for individuals- with profit maximizing in mind.
As a pharmacist, who would not agree that having one claim form and only one payer to deal with is infinitely preferable to applying for, being audited by and verifying coverage with 70 or more private insurance companies.
There is no free market anywhere on the planet and there never was. The reality of the matter is an individual citizen has no bargaining power versus an insurance company. Currently, we use private health insurance companies as middlemen, creating huge profit centers. Would it not be much less costly to use a government agency, such as Medicare, administering the system with employees who are paid a fixed salary?
I think this is an excellent time to start downsizing our military and intelligence expenditures and start spending it on health care for all of us. We have passed the point of diminishing returns on national defense. Currently, 21% of the national budget goes to the military-industrial complex. Yet, we are no safer and our perception of power is a drug that encourages Presidents to inject our forces into regions and problems that are insolvable by force and extremely expensive.
The Medicare system and VA system can be improved and they are capable of providing excellent administration for a single-payer national health care system. Will it happen? I honestly don't think it will, even though it makes total sense and is really needed. I think a watered-down and consequently doomed bill will pass. And then, the opponents to national health care will say they were right when the doomed plan fails.
I sure hope I am wrong about this prediction.
Monday, July 13, 2009
New Posting Soon
It will address some of my thoughts on the current health care debate.
Monday, June 29, 2009
Newsletter Sign Up
Just a reminder to send you name, address and email to cpencak@pharmacylawpro.com to receive a copy of the newsletter.
Wednesday, June 24, 2009
Newsletter Ideas
Are there any topics that readers would like to see covered? Any new developments in pharmacy which you would like to see addressed?
If you have any ideas, please send me an email with it at cpencak@pharmacylawpro.com
Thursday, June 18, 2009
Planning for the Future
I urge everyone, especially pharmacists who might be "too busy for death", to spend some time and ensure your families future.
Monday, June 15, 2009
Newsletter
Nevertheless, I am working to put out a new newsletter for this summer. It will probably be distributed solely online through email and posted on my website.
Email me at cpencak@pharmacylawpro.com to ensure that you are included!
Updates to my Website are Coming
We hope the updates will improve the experience and use of the website to better serve you.
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
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.