Let’s Support KYYYY HTTTT in the XXX drama.

Jp Enlarged

This is happening fast. The Pharmacy Alliance has one stated goal: To get the boards to admit that a tired pharmacist is a dangerous pharmacist.  I had expected a nationwide program to start in a month or so.  It started today in North Carolina.  The letter-writing campaign is only the first step.  The next will be TPA press releases to major media outlets.  Print and Television.  Once they find out that XXX pharmacists are expected to work 14 hour shifts with no meal or rest periods, they will be all over it.  KYYYY, you might think about negotiating a severance package to keep you quiet.  One years wage sounds about right, plus full benefits for a year and a punitive settlement of at least $20,000.00. JP

Thank you for all you are doing.  Went by today to pick up my personal items and I’m feeling pretty down about things.  Wife broke down crying again this AM.

Thanks for listening and letting me vent.  My family and I appreciate all your efforts

KYYYY HTTTT was summarily punished for doing the right thing.  When you write to the NC board focus on patient safety.  The board doesn’t care if KYYYY doesn’t go pee when he has to.  They are mandated to protect the public.  Notice that no board member has connections with any of the huge chains.  We can do this.

Send all messages to Jay Campbell.  Letters directly to board members may prejudice them and cause them to recuse themselves.  The board will be judging on KYYYY claims.

North Carolina Board of Pharmacy

6015 Farrington Road #201,    Chapel Hill, NC 27517-8154July 11, 2011

Jay Campbell, Executive Director,  jcampbell@ncbop.org

North Carolina Board of Pharmacy

This letter is a request that the board review the circumstances of the firing of KYYYY HTTTT (North Carolina license pharmacist# 14905) by XXX.  We request that the board give consideration to the facts and intercede on Mister HTTTT’ behalf.  Mister HTTTT was a trusted and competent pharmacist in charge for XXX.  When he made a decision in an effort to assure patient safety, Mister HTTTT’ authority to close the drive-through was illegally usurped by a non-pharmacist.  At this point, Mister HTTTT realized that the situation in the pharmacy was dangerous and untenable and he asserted his responsibility to make sure that patient safety came first and he closed the pharmacy.  The board will recognize that this was his legal responsibility.  He had no other viable choice.

Mister HTTTT reports that at hour seven of a fourteen hour shift, he had already reviewed and verified over 300 prescriptions.  His intention was to counsel appropriately where the law required.  That is one prescription every 84 seconds, with inadequate help.  There was no uninterrupted break for nourishment or even a bathroom break.  Clearly, Kelly HTTTT was compromised.  It is to his credit that he took action as North Carolina Pharmacy Law requires before patients were harmed.

The Board of Pharmacy is mandated to regulate the practice of pharmacy in a manner that protects the public from harm or potential harm.  CVS consistently operates in a manner that not only disregards North Carolina Pharmacy Law, they flaunt the law.

I specifically point to: -21 NCAC 46.1804(b) and -21 NCAC 46.141(b).  The non-pharmacist store manager has absolutely no authority within the pharmacy.  Mister HTTTT determined that the conditions obviated the safe and effective distribution of prescriptions.   CVS disregarded the law.  Mister HTTTT was right and he was fired for asserting his authority as pharmacist in charge.  This cannot be allowed to stand.

It seems that the corporate culture at XXX-CCCCCCCC is based on getting profit by deceit.  They are a huge company and it appears that XXX is so far down the rabbit-hole of swindling and fraud that one wonders if there is hope that they can get out of it and join the many retail pharmacy companies that play by the rules.   Cases in point:  XXX agreed to pay a $75 million fine for violating the record-keeping requirements meant to control pseudoephedrine sales.  This had to be blatant disregard of the law, a thumbing their nose if you will.  Recently, dozens of members of Congress urged the Federal Trade Commission to resolve the matter of XXX-CCCCCCC unfairly restricting trade and engaging in activities that violate federal anti-trust laws.  It was stated, “It has become clear that XXX-CCCCCC’s model harms consumers and overall health care”.

A company that condones that kind of behavior at the corporate level can very easily fire Mister HTTTT at the store level for doing what a pharmacist should do.  XXX has made a statement in North Carolina.  “We will do it our way.  The laws of the state mean nothing to us.  We are too big.  They wouldn’t dare rock our huge boat.”

I urge that the North Carolina Board of Pharmacy stand up and make its own statement.  The behavior of XXX will not be tolerated.   Blatant disregard for the safety of the citizens of North Carolina will be punished.

I do not know if KYYYY even wants his job back.  There was a loss of income.   The last few weeks have been stressful, for both KYYYY and his wife.  They have small children.   The loss of his job for abiding by both the letter and the spirit of the law is arbitrary punishment for not bending to the will of the corporation.  I urge the board to do whatever means necessary to assure that Mr. HTTTT gets satisfaction, personally and legally.

Thank you for your attention.

Sincerely,

Jim Plagakis

12 Comments

12 Comments

  1. Peon  •  Jul 11, 2011 @2:55 pm

    Great job Jim!!!! If the state board does not act, then Kelly needs to file a lawsuit against XXX. The store manager was clearly in violation of pharmacy law. I am wondering if this could be construed as a criminal offense? The pharmacy manager put the safety of patients in jeopardy by interfering with a professional pharmacist while he was doing his duty. Since the store manager claimed the DM told him to open the drive-thru, then this means XXX could be at fault. Does this mean that XXX could be charged with a criminal offense?
    *
    The situation with KYYYY goes far beyond just a pharmacist closing a pharmacy and getting fired. After learning the circumstances of his firing, I whole heartedly agree with KYYYY that he did the right thing. He could no longer do his job in a manner that he thought insured the safety of his patients. The store manager created an unsafe pharmacy environment. Since the store manager said he was on orders from the DM, then it was KYYYY against the DM. Who has the ultimate authority over the pharmacy? This is the big question that needs to be settled once and for all. These chains need to be put in their place and they need to stop micro-managing their pharmacies.

  2. The Redheaded Pharmacist  •  Jul 11, 2011 @3:23 pm

    I can do my part by sending a letter to the NC BOP. I think they need to hear from multiple pharmacists to get a hint about how unhappy we are about this development. So I will formulate something and get it sent off. The conditions this pharmacist was working under was a danger to the public plain and simple! Those kinds of hectic working conditions and understaffing is a breeding ground for prescription errors and if one had occured it would have been that pharmacist and not XXX that would have been at the NC BOP defending their license and livelihood!

    As a side note there is increased pressure from investors to break up XXX/CCCCCCC. It seems that many in the investment community seem to believe that the two companies separate are more valuable than the sum of its parts. So don’t be surprised if in the next 18-24 months this merger is reversed. It is sad though that investors and not regulators are driving this decision.

  3. Tony H  •  Jul 11, 2011 @4:19 pm

    It’s clearly worth three stamps to protest this type of outrageous behavior.

  4. Peon  •  Jul 11, 2011 @4:57 pm

    I have sent a letter to the North Carolina Board of Pharmacy. I wonder what they will think, getting emails from all across the US about one pharmacist getting fired???? I told them what CVS did was criminal!

  5. Steve  •  Jul 11, 2011 @10:52 pm
  6. SeRPh  •  Jul 12, 2011 @10:34 am

    Thank you all so much for your support. My wife and I have found considerable comfort in this blog and in your posts. We are currently trying to find a lawyer for legal advice. I still have not heard the results of the investigation from the Board, but I am under the assumption it may take some time. I will update you as I learn more.

  7. Peon  •  Jul 12, 2011 @9:18 pm

    Jim, for the past 15 years, my life’s ambition has been to protest at a chain store. On your way to North Carolina, and as you pass through Mississippi, keep a look out for me. I will be standing by the mail box with plenty of protest signs. I will have signs for everyone…even for the dogs for those that bring their pets. :) :)

  8. Davey, RPh Intern  •  Jul 13, 2011 @2:38 am

    I want to be at the protest too. I will be writing the NC BOP as well. Email or snail mail? I will try to get the more down-to-Earth pharmacists and maybe even some doctors I know to do this.

  9. pharmacyslave2000  •  Jul 13, 2011 @5:53 am

    Not only do we need to write the NC B.O.P, but also our individual State Boards informing them of this issue. This is not only an issue in NC but nation-wide as well. All we need is one B.O.P to have the courage to stand up for what is right and it may cause the cascade of change we’ve been hoping for.
    *
    Slave, visit http://www.thepharmacyalliance.com. This is it. It is the only issue that TPA is pursuing. I had planned on orchestrating a multi-state letters to boards & legislators, then follow with press releases to print and TV outlets. When these news hounds find out that they have been trusting the health of their 3 year old diabetic to a pharmacist who works 14 hours straight, etc. they will freak. Then we tell them that that is the shift that XXX schedules. Multiple 14 hours days every week. Look for a half page ad in this months Drug Topics.

  10. Peon  •  Jul 13, 2011 @10:12 pm

    I have emailed the NABP and every state board of pharmacy(except GA, TN, and NC). I had already emailed NC, and could not find email addresses for GA and TN. I tried to post the email addresses here but they will not display. Maybe Jim can do something with them and put them somewhere easy for all of you to access.

  11. eli  •  Jul 20, 2011 @10:24 pm

    Set aside the 75 million for the pseudoephedrine violation and consider this for a moment. According to the Wall Street Journal the now retired previous XXX CEO settled with the board of XXX, to never come to work again, a cool 125 million dollars. Now here is the point if you are a good RPh and make 125,000 dollars a year it would take you 1,000 years to make that much money. That is 10 centuries. All of that money to make sure that he never comes to work again. Who is paying for that? High volume stores like Kelly’s are because they are the ones that have the payroll to give …. at the public’s EXPENSE.

  12. Pharmaciststeve  •  Nov 15, 2011 @10:38 pm

    I am late to getting to this issue/discussion.. I just checked the NC Boards minutes and agenda.. Nothing specific listed on July/Aug minutes.. Oct minutes not yet approved but Oct & Nov agenda posted and nothing specific noted about this issue. KYYYY how about a update? Have you engaged legal counsel?
    According to a recent letter from Jim the Sec has asked up to “back off”.. is this to allow them time to investigate or hopes that it will just fade away and be forgotten.. hoping the KYYYY gets another job and doesn’t want to bother with CXX.
    IMO.. after the first of the year.. it is time to take this issue to the AG’s office… for the board failing to enforce their charge.. if nothing else… RPH’s working 14 hr days without the permit holder being held responsible and/or the permit holder being held responsible for failing from prohibiting/discouraging their non-pharmacist store manager from attempting to “practice pharmacy without a license”.
    There is also the issue of CXX violating OSHA in discouraging/prohibiting an employee from taking a restroom break.

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