PHARMACIES OWN BY BLACKS "are and imminent danger to public health or safety"

BY NORMAN J CLEMENT, WALTER R, CLEMENT

PRACTICING PHARMACY WHILE BLACK A NEW KIND OF THREAT TO AMERICA

So, while we are affixed to Iran, Iraq, and Impeachment, Black Owned Pharmacies in the normal practice of Pharmacy, through out the country are being summarily targeted, raided, property illegally seized, and issued orders as “Imminent Threats to Public Health and Safety” by the DEA (Drug Enforcement Agency).

Many of these Black owned Pharmacies have been in business more than 10 years.
In just the past 6 months at least 7 or more Black owned Pharmacies have been attacked and classified as “Public Health Threats” and Control Substance Registration suspended.


We have been able to document these Black own Pharmacies which have been targeted profiled:


At Cost Pharmacy, Ft. Meyers, owner Aaron Howard in business 10 years, raided January 7, 2020 “an imminent danger to the public health or safety”,


Gulf Med Pharmacy, Cape Coral, Fl owner Ricardo Fertil in business 10 years, raided Nov 19, 2019, “an imminent danger to the public health or safety,”


Oak Hill Home Town Pharmacy, Oak Hill, WV owner Martin Mnjoku in business 15 years, raided Aug, 6, 2019 “an imminent danger to the public health or safety”,


Pronto Pharmacy LLC, Tampa, Fl owner Norman J Clement, in business 10 years, raided Aug 29, 2019 “an imminent danger to the public health or safety”,


Superior Pharmacy, Tampa, Fl owner Victor Obi, in business 20 years raided 2017-18, “an imminent danger to the public health or safety”, out of business

https://youarewithinthenorms.com/2019/12/05/pronto-pharmacy-under-attack-by-trumps-dea-the-raid-on-pronto-pharmacy-august-29-2019-by-walter-r-clement-and-norman-j-clement-rph-dds/

BLACK LICENSE PHARMACIST FIGHT BACK: THE DEA'S RED FLAGS OF OLD JIM CROW

BY

NORMAN J CLEMENT RPH., DDS JACK FOLSON

Black Pharmacy Owners, AT Cost Pharmacy, Ft. Myers Fl.,  Aaron Howard PharmD owner, Gulf Med Pharmacy  Cape Coral Fl., Ricardo Fertil PharmD owner, Pronto Pharmacy LLC, Tampa Fl, Norman J Clement RPh., DDS, owner, have joined together in suing Drug Enforcement Agency (DEA) for harassment, and malicious targeting and return of Properties unjustifiably seized. 

While, all 3 Pharmacies have been in business for more than 10 years yet suddenly  in 2019 Acting DEA Director Uttam Dhillion signed orders is calling these and other Black owned Pharmacies an  “Imminent Danger to Public Health and Safety.”

 Pharmacist, Aaron Howard, says this whole issue based on a erroneous presumption of Red Flags that we are improperly dispensing control medications This totally  ridiculous, we check all prescriptions.  I’ve been a pharmacist for more than 15 years and I am not a “PILL MILL.”  

Pharmacist Ricardo Fertil sates, this is a way of stereotyping black owned businesses whom are health professionals. 

While, Pharmacist Norman J Clement points out they are using google maps to illegally track our patients and harassing our wholesalers. All 3 Pharmacist are graduates of Florida A&M University College of Pharmacy.

The Federal Court challenge in Florida  is lead by Attorney Dale Sisco of Tampa and is based on the Oak Hill Hometown Pharmacy of Oak Hill West Virginia.  A Black own pharmacy, which has successfully prevailed in several Court proceeding against the DEA lead by Attorney Issac R. Foreman.  

Jack Folson RPh.,  a Pharmacist expert an activist who has testified in Michigan Courts for several Black Pharmacy owners states, “This comes down to practicing Pharmacy while Black. In the past years alone least 7 black owned pharmacies we know of have been attack in similar manner by the DEA, there are likely more. Black owned Pharmacies are less than 1% of all pharmacies in American but seem to be disproportionately targeted by the DEA.”

THE ADMINISTRATIVE COMPLAINT FILED BY STATE OF FLORIDA BOARD OF HEALTH RE: FILE NUMBER PH201705581

By Norman J Clement RPh.DDS, Norman L.Clement Pharm Tech, Jelani Z.Clement Pharm Tech

written August 10, 2017

Exactly 2 years later in August 29, 2019 DEA, investigator Richard Albert, issued an Order To Show Cause stating Pronto Pharmacy was an Imminent Danger to Public Health for llegally manufacturing on the very same issue which were resolved by the State of Florida.. This case will proceed before a Federal District Court in Tampa Florida, Dale Sisco Esq is the attorney 813-224-0555

IN THIS AGE OF FAKE NEWS AND ALTERNATIVE FACTS (BOTH WHICH HAVE ABSOLUTELY NO MERITS IN THE PROFESSION OF PHARMACY)

THERE IS ONE THING I’VE LEARNED IN LIFE from a man I didn’t like nor voter for, but have come to GREATLY respect:

PRESIDENT RONALD REAGAN;

“WE MUST TRUST AND VERIFY”

PRONTO PHARMACY LEGAL TALKING POINTS

The complaint filed by the Florida Department of Health (Case Number PH201705581) is without LEGAL MERIT, lacks ANY LEGAL FOUNDATION and lacks probable cause.

The United States Congress intent was to allow compounders to compound a batch of drugs in anticipation of receiving patient specific prescription.[i]

  1. Federal Law and Florida State Law clearly allows and has always allowed that a licensed pharmacist can compound “in limited quantities before the receipt of a valid prescription order for such individual patient.” 
  • More importantly President Donald J Trump address this issue and signed into law H.R 244 which clarifies several compounding regulation implemented in the Drug Quality and Security Act(DOSA 2013).
  • The law clarifies that Congress did not intend to redefine “distribution” to include “dispensing,” specifying Congress only intended FDA to regulate distribution– not “dispensing” to a patient over state lines.
  • The law mandates that FDA recognize that federal oversight of 503A was not the intent of Congress, and that compounding pharmacies are not drug manufactures—rather they are “state licensed and regulated health care providers that are inspected by state boards of pharmacy pursuant to state laws and regulations that establish sterility and other standards for the pharmacies operating within the state.”[ii]
  • FDA LAW 503A (a)(2) states the following examples:[iii]

a). “A compounder regularly receives valid prescription orders from a particular prescriber or prescribers, or for a particular patient or patients, for compounded drug X. The highest number of units of drug X for which the compounder has received valid patient-specific prescriptions in a 30-day period in the last year is 500 units. Compounding up to 500 units of drug X in advance of receiving prescriptions for the drug, and holding no more than that amount to fill new valid patient-specific prescriptions as the compounders receives them, would be consistent with this policy. [iv]

b). “ A compounder regularly receives valid prescription orders from a particular prescriber or prescribers, or for a particular patient or patients, for compounder drug”  {FURTHER REVIEW PG 6,7,8,9 FDA GUIDELINES}

The complaint further alleges upon a routine inspection on 03/03/2017 the pharmacy was opened without a pharmacist. On March 3, 2017 the pharmacy was open with a pharmacist. March 3rd was Norman J Clement 66th birthday.

****IN THIS ERA OF ALTERNATIVE NEWS AND FACTS. WE LEARN THAT CONCEPT HAS ABSULUTELY NO BASES IN PHARMACY. UR ATTITUDE IS BASE AROUND PRSEIDENT RONALD REGAN “TRUST AND VERIFY”

  • The Pharmacy was not opened for dispensing, on 3/30/2017.  The pharmacy was locked and secured no medications were being dispensed and the pharmacy being monitored through our security system by a Florida Licensed Pharmacist. The Pharmacy waiting room was open for guest to sit and watch television until pharmacist arrived on premise more importantly the woman observed in the window is the pharmacist wife an a owner the window is not in the filling area.  The license technician is the pharmacist son and was not dispensing, filing medications until his father arrived.
  • “THE MISSION OF THE DEPARTMENT OF HEALTH IS TO PROTECT, PROMOTE & IMPROVE THE HEALTH OF ALL PEOPLE IN FLORIDA THROUGH INTREGRATED STATE, COUNTY AND COMMUNITY EFFORTS” therefore Pronto Pharmacy LLC can fill and dispense prescription from anywhere in the State of Florida.

The complaint the Pharmacist Clement advised that he gives the customers a choice on if they want capsule or tablets…and that capsules are cheaper than the tablets.

  • Florida laws differs to and empowers the patients IN THE STATE OF FLORIDA, All Pharmacy are required to post by law visible to the public “CONSULT YOUR PHARMACIST CONCERNING THE AVAILABILITY OF A LESS EXPENSIVE GENERICALLY EQUIVALENT DRUG AND THE REQUIREMENTS OF FLORIDA LAW
  • Cocktail: Drug Opitimization, CML: Gleeves, Cytarbine, Doxirubecine, Vincristine, Chlorambucil, Use in “cocktails”. Cocktail is prosecutorial slang, just like pill mills, in order to secure conciviction by juries and fail inform juries of drug opitimization, mechanism of action and patho-phisiology.

A) if such combination weren’t being use larger amount of the Opiate would be required.

B) Such so called prosecutorial expert testimonies are serious flawed and go unchallenged.  Ref: Edward Imwinkelreid, when science takes the Stand.

10. RED FLAG IN LIFE ARE NOT LIKES STOP SIGNS IN TRAFFIC…document, evaluate, access every case individual, (dont lie to us), distant documented same reason I go to HFH for cancer, local pharmacy areas does not fill my prescription, reject 25 times particularly minorities.. may set us up for discrimination and profiling. We simply treat peole with dignity and respect.

11. DX Codes: Question: What Purpose: we are here to render a second opinion, eg: dental ridge augmentation, sinus lift, dentist complaint patient unable to get medication filled.

A)Concern: Flip flopping if we consult with the provider charged with conspiracy, conclusion so we avoid or limit our contact.

B)Moving the Goal Post backward and forwards.

12. Insurance: Critical discussion most insurances aren’t avail to small pharmacy establishment rules for eligibility change all the time.

13. CHINESE DISIDENT: ARTIST AL WEIWEI, I cannot live in fear we must live by the law, where is the law DEA: put it in writing  miles, diagnostic codes( Costco’s, Sam’s, CVS, Walgreens, anticipatory compounding, cocktails, pill mills, insurance, cash payment


[i] http://www.pharmacist.com/article/federal-funding-law-includes-compounding-language-apha-win

[ii] https://www.fda.gov/ucm/groups/fdagov-public/@fdagov-drugs-gen/documents/document/ucm496286.pdf

[iii] In this example, it would be consistent with FDA’s policy if, after distributing 200 units of drug X pursuant to valid patient-specific prescriptions, the compounder produces up to 200 additional units of drug X so that the total number of units that the compounder is holding for distribution returns to 500 units.

  1. [iv] The limited quantities policy, which relates to the amount of inventory held by the compounder, does not alter the product’s BUD. For example, if the BUD for the product is 9 days, the compounder should not produce more units than can be distributed pursuant to valid prescriptions and used within 9 days.

_______________________________________________________

BLACK OWN PHARMACIES UNDER ATTACK: RAID ON AT COST PHARMACY FT. MEYERS, FLORIDA

BY

WALTER R. CLEMENT, NORMAN J CLEMENT RPH DDS

On January 7, 2020, owner Aaron Howard PharmD of At Cost Pharmacy, Fort Meyers Florida, found himself surrounded by 7 DEA agents ordering an Immediate Suspension of his Control Substance license and seizing his property. The order was signed by Acting DEA Chief Uttam DHilllion who as in previous orders issued to other Black own pharmacies to be deem “and imminent danger to public health and safety.”

Since June 2019 we have tracked nearly 12 Black own Pharmacies being attacked in similar by agents of the Drug Enforcement Agency (DEA). Yet Black Own Pharmacies represent less than 1% of all privately own family establishment but are disproportionately target by DEA and State regulators in what is said to be “Practicing Pharmacy While Black.”

The actual contact with the DEA for AT COST PHARMACY and its owner Aaron Howard PharmD, 2003 graduate of Florida A&M University, College of Pharmacy started on February 14, 2018, the Special Agent, or Task Force Officer of the Drug Enforcement Administration of the Department of Justice conducted raid based on a signed search warrant that failed to describe or define the elements of a crime. 

This search warrant was decrepitude in that it failed to illustrate and support the rudimentary descriptions defining Probable Cause.  The investigator wrote, “Application having been made, and probable cause as defined by 21 U.S.C. § 880(d)(1) having been shown by the affidavit of Diversion Investigator Norita N. Persaud, United States Drug Enforcement Administration, for an inspection of the controlled premises of Aarric, Inc., dba At Cost Rx, 16970 San Carlos Boulevard, Suite 110, Fort Myers, FL 33908, with DEA number FA2125640, it appears that said inspection is appropriate under 21 U.S.C. § 880”. 

The investigator agent clearly expressed his knowledge of probable cause as defined by 21 U.S.C. § 880(d)(1).  Yet, he did not, within the search warrant, describe the place to be searched and the descriptive elements to support and clearly identify any elements of a crime which would provide a reasonable officer to conclude that probable cause exist.  

The signed warrant authorized the investigating Agent “to seize from the above-described controlled premises such of the following records, information, reports, documents, files and inventories, as are appropriate and necessary to the effective accomplishment of the inspection, and for the purpose of copying or verifying their correctness, or that are used or intended to be used in violation of the Controlled Substances Act whether in electronic or printed media format as noted above”.  The Supreme Court has defined “probable cause” as an officer’s reasonable belief, based on circumstances known to that officer, that a crime has occurred or is about to occur. Carroll v. United States, 267 U.S. 132, 149 (1925).

By the fact this inspection warrant lacked sufficient levels of evidence to support probable cause. The act to inspect the premises was not based on a reasonable officer.   

As a nation we must feat the acts of this search that a law enforcement officer can obtain a baseless warrant and search a premise at will.  The act of the DEA to inspect without cause violates the “Fourth Amendment to the United States Constitution. Which protects the people’s right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.”   

After the inspection, the investigating officer were further authorized to seize legally sanctioned ‘Class two, three, and four controlled substances’ from the premises; The agent wrote “Such of the following records, information, reports, documents, files and inventories, as are appropriate and necessary to the effective accomplishment of the inspection, and for the purpose of copying or verifying their correctness, or that are used or intended to be used in violation of the Controlled Substances Act whether in electronic or printed media format”.  This inspection warrant is a document to look and examine.  However, nothing in the warrant authorized the inspection to reason if a crime took place.   

The 4th amendment clearly establishing the groundwork of a search and seizure.  The agents failed to address the elements of evidence obtained through an unlawful search or seizure.  Under “Mapp v. Ohio, 367 U.S. 643 (1961). Any evidence derived from illegally obtained evidence must also be suppressed”. Thus, the courts have a fiduciary duty to safeguard the public, in as such, the criminal justice functions are there to protect the public form harm.  Such acts within this search is an assault upon every American.  If our protections are eroded, then whom shall we depend upon if the police and the courts act at will.  

Return all items taken and redress all monetary loses to the operator owner of Aarric, Inc. Rx, 16970 San Carlos Boulevard, Suite 110, Fort Myers, FL 33908, Our constitution stands on years of rulings and reforms.  

We are “One Nation Under God with Liberty and Justice for All”  

At Cost Pharmacy Ft. Myers FGlorida
Aaron Howard ACPHARM_FT_MYERS

SO WHILE WE WERE ALL FOCUSED ON IRAN, TRUMP'S DRUG ENFORCEMENT AGENCY (DEA) WAS OUT ATTACKING BLACK OWN PHARMACIES…..

by norman j clement dds., rph

BLACK HEALTHCARE UNDER ATTACK BY DEPARTMENT OF JUSTICE

My dear Brothers and Sisters, a group of black pharmacist owners, graduates of Florida A&M University College of Pharmacy, have been attacked and raided, by the DEA we need you to help expose this injustice.

THANK YOU FOR TAKING MY CALL 


My name is Norman J Clement, I am a Pharmacist and Dentist, (grad Florida A&M University Pharmacy, Dentistry University of Michigan, finishing my master FAGD University of Florida College of Dentistry).  I own Pronto Pharmacy LLc, a small family Pharmacy in Tampa Florida and we have been in Practice nearly 10 years. 
I’m slowly being bankrupt by the DEA who have created their own set of rules  even using GOOGLE MAPS which clearly violate the constitutions 1st amendment.  

The DEA has attacked in a 6 month period in just Florida alone 7 black owned pharmacies and their patients and even more across the country, accusing them of drug trafficking and conspiracy. On January 7, 2020, owner Aaron Howard PharmD of At Cost Pharmacy, Fort Meyers Florida, found himself surrounded by 7 DEA agents ordering an Immediate Suspension of his Control Substance license and seizing his property. On November 19, 2019 owner Ricardo Fertil PharmD of Gulf Med Pharmacy, found himself and his wife surrounded by at least 15 agents of the DEA ordering an Immediate Suspension of his Control Substance license and seizing their property.

Now the both must go before DEA’s Court of the Kangaroo (see url., a) where justice has become an injustice to us and will cost each owner at least $150,000.00 to defend themselves. Most importantly, the Judge is hired and works for the DEA..(HELLO).
a)  https://youarewithinthenorms.com/2019/12/23/deas-kourt-of-the-kangaroo-by-norman-j-clement-rph-dds/

We need your help to bring a 1st amendment action in Federal Court or State. I’m fighting the DEA, on this very rational bases law. The DEA is using these draconian tactic to shut down Pharmacies (most whom are black and brown) by bankrupting them.  I have a website call You’re with in the Norms face book and we are fighting back and have published.


b) https://youarewithinthenorms.com/2019/12/05/pronto-pharmacy-under-attack-by-trumps-dea-the-raid-on-pronto-pharmacy-august-29-2019-by-walter-r-clement-and-norman-j-clement-rph-dds/
c) https://youarewithinthenorms.com/2019/12/10/since-when-has-it-become-the-job-or-the-role-of-law-enforcement-dea-to-dictate-and-define-medical-procedures-and-protocols-a-reflection/


Briefly:
1. My Pharmacy was raided by the DEA who claimed we were Manufacturing when in fact we are compounding.  
2. They shut me down literally further stating we were seeing Patient from more than a 30 mile limit even though there is no such rule or law.
3. I have a admin hearing Jan 28 thru 31 in Tampa Florida, before the DEA (Kangaroo Court). All Pre-hearing Statements are done.


My Attorney is Dale Sisco 813/224-0555

The DEA states, we need a separate license, when in fact we don’t because we are compounding.  
Also contact my Son Norman L. Clement 813 919-6005, or Jelani Z. Clement at 813 443-0970
norm dds

WHITE PAIN, BLACK AND BROWN DESTAIN IN THE SO-CALLED OPIOID CRISIS AND EPIDEMIC IN AMERICA

BY

NORMAN J. CLEMENT RPH.,DDS, JACK FOLSON RPH, WALTER R. CLEMENT

THE HIDDEN FEDERAL GOVERNMENT 25 PAGE REPORT ON THE PAIN OF MEDICAL APARTHEID IN AMERICA, WHO GETS TREATED AND WHO IS SENT TO PRISON

THE PAIN

People suffer pain and pain is real. Pain has been around and on this planet for quite sometime. Pain is a medical issue, a normal complication which exist in nearly every species on earth and beyond.  Pain and the treatment of pain, drug dependency, drug intoxication are medical public health issues and not criminal.

Yet, one cannot ignore the social economic, racial components and disparities that exist which have been mis-handled in the treatment of pain, dependency and drug intoxications. 

THE CRISIS

The clear reason why there has been a classification of a “OPIOD CRISIS IN AMERICA” is more white people have gained access an are dying from  Illegally Manufactured Derivative-of Opioids Substances (IMDOS) which are mis-classified as drugs but, are in reality  poisons. These IMDOS,  when abused co-committanly with other none and unknown euphoric substance (NUES) will cause intoxication resulting in death.” 

Thus, these authors are furthered bothered by the saying Opiod Epidemic. Both the crisis and epidemic have been  driven by the increasing numbers of White People dying on illicit manufacturing opioid derivatives that has turned on them and were traditionally allowed to be distributed in communities of colors (black and hispanic). However,  leaving intact a punitive, carceral system as the appropriate response for Black and Brown drug use.” 

THE OPIOD HOAX

Thus, the hoax  of the Opioid Epidemic and Crisis is as  nearly equivalent to that of the D.W. Griffiths, Movie Birth of a Nation, where in both are racist and “racism is racism,” as scholar William Trotter further stated “one knows it when they see it.”

Yet, little known and a very under reported is a Federal Government study called White Opioids: Pharmaceutical Race and The War on Drugs, that wasn’t , released April 2017 by The United States Department Health and Human Services (HHS) a 25 page  study (with broad foot notes) on White Opioids,(1) states; 

“This ‘White drug war’ has historical precedents in which predominantly White populations have used social privilege to invoke ‘medical need’ to secure or maintain access to powerful sedatives or stimulants in the mid to late twentieth century (see Herzberg, 2013). But in the case opioids, addiction treatment itself is being selectively pharmaceuticalized in ways that preserve a protected space for White opioid users, while leaving intact a punitive, carceral system as the appropriate response for Black and Brown drug use.”

  1. see url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5501419/#R28/


35 AGENTS OF DEA RAID PRONTO PHARMACY AUGUST 29, 2019.

THE DOC NORM’S MANIFESTO

When you see THROUGH OUT LIFE most of your friends, colleagues and classmates who are of degree being sanctioned, terminated, harassed, arrested, jailed and imprisoned for the most minuscule violation of a regulation, or for just doing what they’ve been trained to do. Then we must stand and fight as soldiers together our die like mice. 

ENOUGH IS ENOUGH.

TO ME,  that idea that some United States Attorney is going to tell me pharmaceutical compounding is manufacturing makes it’s worth the fight.


ENOUGH IS ENOUGH.

Then at some point you are compelled to ask yourself when ENOUGH IS ENOUGH. At some point in your life you have to say and proclaim enough is enough and what are you going to do about it.


Then we must stand and fight as soldiers together our die like mice. 

 ENOUGH IS ENOUGH.


TO ME,  that idea that some United States Attorney is going to tell me pharmaceutical compounding is manufacturing makes it’s worth the fight.


ENOUGH IS ENOUGH.