HOW THE FRAUDULENT TESTIMONY OF DONALD R SULLIVAN LANDED HAROLD EUGENE FLETCHER RPH IN FEDERAL PRISON

BY

NORMAN J CLEMENT RPH., DDS, NORMAN L.CLEMENT PHARM-TECH, MALACHI F. MACKANDAL PHARMD, JOSEPH SOLVO ESQ., REV. C.T. VIVIAN, JELANI ZIMBABWE CLEMENT, BS., MBA., WILLIE GUINYARD BS., BRAHM FISHER ESQ., JOSEPH WEBSTER MD.ESTER HYATT PHD., BRAHM FISHER ESQ., MICHELE ALEXANDERCUDJOE WILDING BS, DEBRA LYNN SHEPHERD, BERES E. MUSCHETT, STRATEGIC ADVISORS

HAROLD EUGENE FLETCHER PHARMD

from court record, DEA vs. Harold Eugene Fletcher:

-“The Administrative Law Judge also found it significant that the Agency (DEA) had not produced any evidence that Respondent mishandled controlled substances since the institution of the proceeding”

DONALD SULLIVAN’S LONG HISTORY OF PROFESSIONAL, ACADEMIC FRAUD AND JUDICIAL PERJURY

Donnie Sullivan is a Professor of Clinical Pharmacy at The Ohio State University College of Pharmacy. He received his bachelor’s, master’s, and doctorate degrees from The Ohio State University College of Pharmacy. He has been at The Ohio State University for nearly 5 years. He also taught at Ohio Northern University for 17 years. He has taught in multiple courses in their module curriculum. His research interests include drug diversion analysis and education, future pharmacy practice initiatives, pharmacoeconomics, educational development of pharmacy students and pharmacists, and medication error prevention.

DONNIE SULLIVAN PHD

DONALD SULLIVAN’S TROUBLING ANALYSIS AND TESTIMONY

DEA’S expert Dr. Sullivan’s analysis and courtroom testimony has been troubling, fraudulent, and appears to rely solely upon the abuse of his privilege and probity as the foundation for his credibility. Don Sullivan has failed basic standards of care as a Pharmacist. Instead, Dr. Sullivan has engaged and has been engaging in a self-serving crusade of fraud, deceptions, billing the taxpayers of the United States of America for services he does not perform and received payment for his ill-gotten gains.

DONALD SULLIVAN’S TROUBLING ANALYSIS AND TESTIMONY

Let it further be clear,  patients being treated for chronic pain who travel to a Black-owned pharmacy are called “RED FLAGS” by Don Sullivan and these pharmacies  are  classified as imminent dangers to the “Public Health.” While the same patients traveling to non-black owned pharmacies, with the same prescriptions, using the exact same payment methodology, the fictitious label of “red flags” does not truly exist.  Donald Sullivan’s testimony is fraudulent because he never establishes any elements demonstrating diversion and he has done this in previous DEA cases for years.

God will help accomplish your goals but you must first help yourself” 

THE DEA HAS GAINED POWER IN 3 WAYS

POWER CORRUPTS AND ABSOLUTE POWER CORRUPTS ABSOLUTELY

1 . DEA has made every attempt to avoid Judicial Review and Congress has either failed or avoided taking action. The DEA has a separate Administrative Court System. The Judge’s answer to the DEA Administrator and lack of understanding of medical science or its procedures and protocols.  The Judges’ opinions are not a matter of facts but a matter of staying employed. 

Through its Kangaroo Court System, which has been further permitted to operate outside the Rules of Federal Evidence and Civil Procedures, therefore, one can never prevail (in any court system or environment) even when supported with science and facts, against bias and prejudice, or when privilege is permitted to take the stand.

2. Through the use of Junk Science, manufacturing of the laws and rules such as pharmacist corresponding responsibility, morphine milligram equivalents (MME), red flags, were the DEA has been waging a clandestine campaign of disinformation to sway the public into believing prescribed narcotic analgesic medications are both dangerous drugs and criminal.

These rules further force pharmacists to violate and interfere with the practitioner’s patient relationships acting in the capacity of a second opinion physician without the aid of radiographs, physical examination, or review of the treating practitioner’s progress report. 

These rules forces pharmacist to act outside their license requirements essentially becoming PharmD’s Physician Wanted Be’s (PPWB).

3. The DEA has turned their “War on Drugs” into a war on medicine (physician, pharmacist, dentist, healthcare providers).

Lacking any Congressional Oversight the United States Drug Enforcement Administration (DEA) and the United States Department of Justice have gotten away with Corruption, (particularly against Black, Hispanic, Asians providers), and given the attitudes of many in Congress and their slowness to act, the American healthcare system is in danger of their takeover and on the verge of collapse.

Through threats and intimidation and using forfeiture clauses, the DEA has managed to muscle their way into the Medical/Dental/Pharmacy professions until they have literally redefined, reinterpreted medical procedures/ protocols, and have criminalized them. Examples of criminalizing disease states such as addiction and dependency, see video below.

FRONTIERS IN ADDICTION

Falsus in uno, falsus in omnibus” 

CLINICAL PROFESSOR DONALD SULLIVAN OHIO STATE UNIVESITY COLLEGE OF PHARMACY

HOW DOES DR SULLIVAN GET AWAY WITH THESE QUESTIONABLE METHODOLOGIES?

Simply put, Dr. Don Sullivan is a fraud, his testimony has been fraudulent and the prosecutions of Pharmacist Harold Eugene Fletcher and Paul Volkman MD., Ph.D., and the loss of their licenses was an outrageous miscarriage of Justice. Dr. Sullivan’s analysis and methodologies are wrong, in that it doesn’t capture sufficient information to conclusively establish the illegitimacy of a prescribing practitioner’s reasoning for issuing a specific prescription to a patient for a specific disease state. 

THE POWER OF WHITE ENTITLEMENT/PRIVILEGE

Despite, overwhelming evidence and complaints of the lack of credibility of Dr. Sullivans he manages to prevail on his privilege and probity. This speaks to the credibility of the DEA, its’ Judiciary Systems, and the society as a whole that have empowered his behaviors. Even the very same Judges who admonish him for not being credible have given Donald Sullivan a pass based on his probity.

A complaint brought 2020 complaint brought against Dr. Donald Sullivan outlining his fraudulent court misrepresentations, before The Ohio State University Committee on Ethics and Academic Fraud was all but ignored by that governing committee.

  1. He freely admitted in his testimony he had not reviewed any prescriptions. Yet, he opined repeatedly in the Pronto Pharmacy Order To Show Cause“The DEA’s expert (Dr. Donald Sullivan) reviewed the above-referenced prescriptions and concluded that they presented numerous red flags that were highly indicative of abuse and diversion.” 
  2. If Dr. Sullivan, reviewed no prescriptions, then how could he have drawn any conclusion indicative of abuse and diversion?
  3. Dr. Sullivan presents with a long history of fraudulent testimony. Dr. Sullivan’s false testimony in 2010 against Pharmacist Harold Eugene Fletcher Columbus, Ohio sent Fletcher to prison for nearly 2 years.

JUDICIARY AND PROSECUTORIAL DESTAIN OF MEDICAL SCIENCE AND THE FAILURE TO UNDERSTAND ADDICTION AND DISEASE STATES

DEA-DON SULLIVAN vs PRONTO PHARMACY LLC JANUARY 28, 2020

In preparation for his testimony in this proceeding, and as the basis for his analyses and opinions, in this case, Dr. Sullivan reviewed the Respondent’s Pre-Hearing Statement, a portion of the Government’s Pre-Hearing Statement, the PDMP data, and three (3) months of dispensing data from Respondent’s computer system. 

The year is 2020, the case docket 09-42, Tampa, Florida the United States Drug Enforcement Agency vs Pronto Pharmacy LLC., Norman J Clement RPh, DDS from the record it reads,

 DEA Judge Mark D. Dowd writes:

“I question the sufficiency of the factual foundation for Dr. Sullivan’s expert opinion that the above prescriptions were an apparent attempt to mask scores of improper opioid prescriptions. The relevant medical records were not reviewed, the prescriber’s justification for the prescriptions were not considered by Dr. Sullivan, nor was the patient’s input as to the subject prescriptions considered. I find Dr. Sullivan’s subject opinion, on the basis of this record, to be improperly speculative and unjustified as an expert opinion.”  

“This finding does not affect the probity of Dr. Sullivan’s opinions as to the therapeutic effect of the subject medications, their contraindication with other prescribed medications, or the justification of their prescription.”

DEA-DON SULLIVAN vs. HAROLD EUGENE FLETCHER

HAROLD EUGENE FLETCHER

The year is 2010, the case docket 09-48, Columbus, Ohio The United States Drug Enforcement Agency vs East Main Street Pharmacy (‘‘Respondent’’), of Columbus, Ohio Harold Eugene Fletcher PharmD from the record it reads, 

The Government called Donald Sullivan, R.Ph., and Ph.D., as its expert witness. Dr. Sullivan, who holds active pharmacist licenses in both Ohio and Florida. Sullivan obtained a B.S. in Pharmacy from The Ohio State University, as well as both an M.S. and Ph.D. in Pharmaceutical Administration, also from The Ohio State University. 

Before this Court Professor Dr. Sullivan testified that under both Ohio and Federal law,

there ‘‘is corresponding responsibility between the physician and the pharmacist.’’ He further explained that ‘‘a lot of pharmacists think that just because the physician wrote it, I have to fill it.’’ However, Dr. Sullivan stated that there is nothing in Ohio law that says you have to fill any prescription.’’ He then explained that ‘‘one of the first things we try to get the students and pharmacist to understand is that under Ohio law, and federal law 50 percent of the responsibility falls on the pharmacy, the pharmacist, 50 percent falls on the physician. Don’t just fill it because the doctor wrote it.’’

DONALD SULLIVAN Ph.D.

Similarly, in his report, Dr. Sullivan, after discussing the CSA’s prescription requirement (21 CFR 1306.04(a)), explained that: 

The State of Ohio has similar language in its laws and regulations. Ohio Law states that: The pharmacist who fills any prescription has a corresponding responsibility with the physician to make sure that the prescription has been issued for a Legitimate Medical PurposeThe responsibility to ensure that a prescription is for a legitimate medical purpose in the usual course of a prescriber’s professional practice is equal for both the physician and pharmacist. (Fifty percent of this responsibility is on the pharmacist and 50% is on the physician). The argument that ‘‘Just because a physician wrote the prescription, 

DONALD SULLIVAN’S LONG HISTORY OF PROFESSIONAL, ACADEMIC FRAUD AND JUDICIAL PERJURY CONTINUES

However the DEA Judge wrote in her observations of Dr. Donald Sullivan in 2010:

While the Ohio courts may have interpreted State law as described above, as explained below, Dr. Sullivan’s testimony that Federal law allocates fifty percent of the responsibility to the physician and fifty percent to the pharmacist is not a correct statement of the law, which has been amply explained in numerous decisions of the Federal courts and this Agency. To make clear, Federal law does not apportion the responsibility for dispensing unlawful prescriptions between a prescribing practitioner and a pharmacist. Rather, Federal law imposes separate and independent duties on the prescriber and the pharmacist. 

More specifically, the prescriber must act within the usual course of professional practice and have
a legitimate medical purpose to lawfully issue a controlled-substance prescription. 21 CFR 1306.04(a). As the Supreme Court and numerous federal courts have made it plain, to lawfully prescribe a controlled substance the physician must act ‘‘in accordance with a standard of medical practice generally recognized and accepted in the United States.’’ 

My central observation would be that if this physician is making unusually high numbers of prescriptions for Schedule II opioids, it is because so many of his colleagues have been coerced by DEA into not treating severe pain at all.  Likewise, the AMA is on record with Board of Directors Study #22 (June 2019) in which they declare that the practice of “high prescriber letters” from PDMPs and State prosecutors is legally invalid because it constitutes a denial of due process intended to blacklist physicians and their sickest patients.

According to Richard Lawhern PhD, an non-medical advocate for pain patients:

“Sullivan is also flat wrong on requirements of Federal regulation with respect to shared responsibility for inappropriate prescribing.  He is obviously a “hired gun” who will say anything that prosecutors want him to, to earn a fee. “

“There is presently no accepted standard of care for the employment of opioid analgesics in treating severe chronic pain.  Lacking such a published standard, no doctor or pharmacist may reasonably be prosecuted for “inappropriate” prescribing.”     

“This is why Walmart has filed a petition for relief in Federal courts, from arbitrary and malicious prosecution that is grounded on nothing more than unqualified opinions of DEA and its hired stooges.  There is presently no accepted standard of care for the employment of opioid analgesics in treating severe chronic pain.  Lacking such a published standard, no doctor or pharmacist may reasonably be prosecuted for “inappropriate” prescribing.”         

FLETCHER: THE DEA KOURT OF THE KANGAROO

‘Mr. Fletcher, based on his experience, training, and expertise, reasonably believed that all prescriptions filled were for a legitimate medical purpose’’ and that he ‘‘frequently exercised independent judgment to determine if the prescriptions were for legitimate medical purposes, and often refused to fill prescriptions written by licensed medical doctors, including Dr. Volkman.’’

Mr. Fletcher had told a DEA Investigator ‘‘that it was ‘not [his] job to question a physician.’ ’’ Id. Based on the above, the Order alleged that Respondent ‘‘knew, or should have known that [the] controlled substance prescriptions it filled for patients of Dr. Volkman were for no legitimate medical purpose.’’ Id.

on an opinion of an Investigator who lacked adequate information to properly assess his credibility. Moreover, the inconsistency between Respondent’s claim that in prescribing for eDrugstore he only wrote a ‘‘small minority’’ of controlled substance prescriptions and the evidence regarding the total number of prescriptions, the amounts he was paid for the respective types of prescriptions, and his compensation, provides further reason to question the ALJ’s conclusion.

The ALJ also found it significant that the Agency had not produced any evidence that Respondent mishandled controlled substances since the institution of the proceeding. However, because Respondent failed to file a timely renewal application, thus allowing his registration to expire (and also had his State license suspended), he lacked authority to handle controlled substances for a substantial portion of this period. In addition, the weight to be given this circumstance is significantly diminished by the fact that he was then in the midst of a Show Cause Proceeding.

Finally, the ALJ did not cite any evidence to support her belief that ‘‘this proceeding has instilled in the Respondent a grave respect for the authority and responsibility which attach to his DEA registration.’’ ALJ at 32. Given the egregious misconduct proved on this record, rather than take a leap of faith, I rely on the Agency’s longstanding rule which requires that a registrant acknowledge his misconduct and the relevant evidence or, as in this case, the lack thereof.

FLETCHER: THE DEA KANGAROO COURT SYSTEM LACKS CREDIBILITY

DEA Judge wrote in her observations in 2010 case#09-48, East Main Street Pharmacy, Columbus, Ohio:

A ‘‘pharmacist is not required to practice medicine.’’ United States v. Hayes, 595 F.2d 258, 261 (5th. Cir 1979). ‘‘What is required of [a pharmacist] is the responsibility not to fill an order that purports to be a prescription but is not a prescription within the meaning of the statute because he knows [or has reason to know] that the issuing practitioner issued it outside the scope of medical practice.’’ (2)

However, Dr. Sullivan’s statements that: (1) A pharmacist is not required to fill any prescription, and (2) it is not an excuse that because a doctor wrote the prescription, it can be legally filled, are consistent with Federal law. According to Dr. Sullivan, as part of the prospective drug utilization review, a pharmacist is required to check a patient’s profile for the following: ‘‘(a) over-utilization or under- utilization[;] (b) therapeutic duplication[;] (c) drug-disease state contraindications[;] (d) drug-drug interactions[;] (e) incorrect drug dose or duration of treatment[;] (f) drug-allergy interaction[;] (g) abuse/ misuse[;] (h) inappropriate duration of treatment[; and] (i) documented good/nutritional supplements- drug interactions.’’ (2)

THE FACTS TO SUPPORT PROBABLE CAUSE CANNOT BE JUSTIFIED BY MERE SUSPICION

CSI OPIOIDS: SUICIDE FOLLOWING OPIOID TRANSITIONS

CHAPTER TWO

-PROFILING-

RAISING

THE RED FLAG OF REGULATORY RACISM

“WE ARE PHARMACISTS NOT DRUG DEALERS”

DONALD SULLIVAN’S DEA RED FLAG OF SELECTIVE PROSECUTION

DEA’S DON SULLIVANS SIGNIFICANT RED FLAGS AND WARRANT FABRICATION TO PROSECUTE BLACK OWNED PHARMACIES

Dr. Donald Sullivan’s finding, conclusion, and testimony are fraudulent. There are absolutely no Federal or State laws that set a limit on the distance any patient must travel to seek medical care to have a prescription filled. 

1. The DEA is this agency with widespread corruption and targeting of the Black Own Pharmacy business which more than supports our argument for Congressional Investigation, dissolving DEA Court System and disbanding the DEA.

2. We further note all Patients identified by DEA expert Donald Sullivan as “RED FLAGS, “are still getting the same medications to fill to this day by mail order and non-black own pharmacy establishments

3. DEA expert Donald R. Sullivan’s significant “RED FLAGS” is only significant when any patients decide to have their prescription filled at a Black-Owned Pharmacy establishment.

FALSUS IN UNO, FALSUS IN OMNIBUS” 

SULLIVAN’S RED FLAG OF CASH: FLETCHER

In addition, Dr. Sullivan noted that forty of the fifty-five patients (73%) had paid cash for their prescriptions’’ and that ‘‘the national average of cash paying customers for prescriptions [was] 11.4% in 2005 and 10% in 2006.’’ 33 Id. Explaining that ‘‘profit margins on cash prescriptions are 30% higher than insurance prescriptions for brand- name[] drugs and 100% to 500% higher than insurance prescriptions for generics,’’ he concluded that this ‘‘is an obvious example of a pharmacy profiting from drugs that are most likely being abused or diverted for sale on the street’’ and that ‘‘[a]ny reasonable pharmacist knows that a patient that wants to pay cash for a large quantity of controlled substances is immediately suspect.’’ Id. 

The testimony opinion and statements of Donald Sullivan against Harold Eugene Fletcher in 2010 are fraudulent. There is absolutely no law or rule that requires pharmacies, or any health providers to take a percentage of any 3rd party insurance program, as there is no laws or rules which inhibit a business from accepting cash as means of a curing a debt.

THE NEXUS OF REGULATORY SYSTEMIC UNFAIR RACSIM AND HOW IT IMPEDES ONES DIGNITY

SULLIVAN’S RED FLAG OF CASH: PRONTO PHARMACY

Excessive Cash Payments: The DEA’s expert Dr. Donald Sullivan opined that cash payments can be a red flag of abuse or diversion because patients typically have to pay very high prices for drugs that are not covered by insurance. The DEA’s expert noted that, on average, approximately 11 percent of all prescriptions filled by independently owned pharmacies in 2018 were paid for in cash nationally. The DEA’s expert noted that over 90 percent of the prescriptions for oxycodone 30 mg and hydromorphone 8 mg filled by Pronto Pharmacy were paid for with cash. The DEA’s expert opined that this is a significant red flag that the prescriptions being filled by Pronto Pharmacy were being abused and/or diverted and that a pharmacist who was properly exercising his corresponding responsibility would have recognized this and refused to fill most of these prescriptions.

The testimony opinion and statements of Donald Sullivan against Pronto Pharmacy LLC., in 2020 are both erroneous and fraudulent. There is absolutely no law or rule that requires pharmacies, or any health providers to take a specific percentage of any 3rd party insurance programs, as there are no laws or rules which inhibit a business from accepting cash as means of a curing a debt.

“You must make the first move then you ask God to help you” 

DEA DON SULLIVAN’S RED FLAG ON DISTANCE TRAVELED 

DONALD SULLIVAN: ORDER TO SHOW CAUSE AUGUST 29, 2019, PRONTO PHARMACY MILAGE AND DISTANCE

The DEA’s expert Dr. Donald Sullivan reviewed the above-referenced prescriptions and concluded that they presented numerous red flags that were highly indicative of abuse and diversion. These red flags could not have been resolved by a pharmacist acting in the usual course of professional practice, and, therefore, each prescription was filled outside the standard of care in Florida. Accordingly, these prescriptions were filled in violation of federal and state law. See 21 U.S.C. § 842(a)(1); 21 C.F.R. § 1306.04(a); Fla. Admin. Code r. 64B16- 27.810. (3)

However in Dr. Sullivans testimony was quite different:

” Dr. Sullivan was unaware that Florida had codified “standard of care” for healthcare workers. Tr. 438; § 766.102, Fla. Stat.11 He was unaware of the Florida Patient Bill of Rights. Tr. 462. Dr. Sullivan initially conceded there was no federal or Florida regulation mandating where or how the resolution of red flags must be documented. Tr. 435-37.” (7)

“In particular, Florida Administrative Code r. 64B16- 27.831, Standards of Practice for the Filling of Controlled Substance Prescriptions, is silent as to whether a pharmacist must document the steps a pharmacist takes to validate a prescription. Tr. 449-50, 453-54. But see Tr. 488-89.” (7)

Patients Travelling Long Distances to Fill Prescriptions at Pronto Pharmacy: The DEA’s expert Donald Sullivan opined that it can be a red flag of abuse and diversion if a patient travels a significant distance to a specific pharmacy, especially if the patient also travels a significant distance to a particular prescriber. Numerous Pronto Pharmacy customers traveled significant distances to obtain and fill their prescriptions. 

DEA’s expert Donald Sullivan opined that both patients traveling long distances from their residences and patients traveling long distances from the medical practices of the prescribers to have their prescriptions filled are significant red flags that the prescriptions being filled by Pronto Pharmacy were being abused and/or diverted and that a pharmacist who was properly exercising his corresponding responsibility would have recognized this and refused to fill most of these prescriptions.

FALSUS IN UNO, FALSUS IN OMNIBUS” 

DONALD SULLIVAN, CLINICAL PROFESSOR

Patients Travelling Long Distances to Fill Prescriptions at Pronto Pharmacy: The DEA’s expert Don Sullivan opined that it can be a red flag of abuse and diversion if a patient travels a significant distance to a specific pharmacy, especially if the patient also travels a significant distance to a particular prescriber. Numerous Pronto Pharmacy customers traveled significant distances to obtain and fill their prescriptions. For example, between September 10, 2018, and May 6, 2019, Pronto Pharmacy filled:

a. 86 prescriptions for patients with addresses in Cape Coral, Florida, which is approximately 140 miles from Pronto Pharmacy;

b. 145 prescriptions for patients with addresses in Fort Myers, Florida, which is approximately 130 miles from Pronto Pharmacy;

c. 41 prescriptions for patients with addresses in Lehigh Acres, Florida, which is approximately 140 miles from Pronto Pharmacy;

d. 15 prescriptions for patients with addresses in Immokalee, Florida, which is approximately 150 miles from Pronto Pharmacy;

e. 15 prescriptions for patients with addresses in Naples, Florida, which is approximately 170 miles from Pronto Pharmacy; and

f. 11 prescriptions for patients with addresses in Opa-Locka, Florida, which is approximately 270 miles from Pronto Pharmacy.

The DEA’s expert Donald Sullivan, further noted that Pronto Pharmacy was also many miles from the medical practices of the top prescribers whose prescriptions were filled at Pronto Pharmacy. For example, between September 10, 2018, and May 6, 2019, over 75percent of the prescriptions for controlled substances filled by Pronto Pharmacy were issued by prescribers whose medical practices were located more than 150 miles away from Pronto Pharmacy.

DALE SISCO ESQ., CROSS-EXAMINATION OF DIVERSION INVESTIGATOR (DI) RICHARD J ALPERT IN PRONTO PHARMACY LLC

The Red Flag of distance serves as a discussion primarily there are absolutely no State or Federal laws that limit a patient to 30 to 35 miles to fill any prescription by any licensed pharmacy and the DEA, very well knows that fact. We see this in the cross-examination of DEA Diversion Investigator Richard James Alpert, by Dale Sisco in an Administrative court hearing held January 28, 2020, in Tampa, Florida;

Mr. Sisco: Based upon your training, education, and experience, is there a federal statute or regulation that geographically limits the area in which a pharmacy can dispense?

DI Albert: Not to my Knowledge.

Mr. Sisco: To your knowledge based on your training, education, and experience, is there a Florida statute that limits the geographic area in which a Florida pharmacy can dispense prescription?

DI Albert: Not to my Knowledge.

Richard Albert’s testimony was a stunningly profound admission of DEA and Donald Sullivan wrongdoings because each and every Black-owned pharmacy business that was raided, had their Federal Control Registration removed and suspended, charged as being a threat to public safety, along with the recommendation for revocation, based on non-existent distance travel laws.

DEA Judge Mark D. Dowd writes in his recommended order May 05, 2020:

 I am not accepting Dr. Sullivan’s testimony that the roundtrip distance from M.M.’s home to the doctor’s office, and then to the Respondent, and then back home, is a red flag. There was no evidence M.M. ever made that round trip. The 38 miles from M.M.’s home to the Respondent is not overly suspicious on its face. I believe the Government withdrew its allegation as to that distance. I will, however, accept Dr. Sullivan’s testimony that the 134 miles from M.M.’s home to the doctor’s office. U.S. Administrative Law Judge Mark D. Dowd was so busy trying to be a bigot, so busy trying to be a racist, so busy reading you are withinthenorms.com and trying to be the toughest man on the Federal Admin., bench he couldn’t be fair. 

Sullivan prevails solely on privilege and not on science or fact,

DEA’S DONALD SULLIVAN RED FLAG OF DISTANCE TRAVEL

In the below video (img-9157) Mr. Gerald R Kiley identifies himself and states he has been coming to Pronto Pharmacy for nearly 2 years. Mr. Kiley, further states he has difficulty getting his prescription fill for narcotic analgesic medication because pharmacists would frequently tell him they don’t have the medication and are not getting it in. Mr. Kiley states he travels to Pronto Pharmacy because he is treated with dignity and respect.

MR. GERALD KILEY HAD DIFFICULTY GETTING PRESCRIPTIONS FILL BECAUSE PHARMACIES PROFILED HIM

In the below video Gerald R. Kiley states was referred to Pronto Pharmacy by a friend who has his prescriptions filled (at Pronto Pharmacy). The friend also had difficulty getting their medications filled at other pharmacies because of availability. 

Mr. Kiley is shown the August 23, 2020, Order to Show Cause and we discuss with him cash payments. Mr. Kiley states he has to pay in cash because he has no insurance. 

“I PAY WITH CASH” THE ORDER TO SHOW CAUSE

In fact, DEA is the single most heinous government agency whose tactics have increased the cost of medication and healthcare all across America by misinterpreting the purpose and roles of medications needed to treat acute, chronic, neuropathic, and psychological pain. 

PROFILING; “WALK IN MY SHOES JUST ONE DAY”

Healthcare Providers are assumed by DEA to be lacking due diligence if they don’t prove beyond a shadow of a doubt that they have addressed any red flags, but in DEA court tribunals the agencies hardly ever produce evidence of real diversion. They rely on suspicions and glitzy non-scientific presentations. (13)

Let it also be noted, patients being treated for chronic pain who travel to a Black-owned pharmacy are called “RED FLAGS” by the DEA and these pharmacies  are  classified as imminent dangers to the “Public Health.” While the same patients traveling to non-black owned pharmacies, with the same prescriptions, using the exact same payment methodology, the fictitious label of “red flags” does not truly exist.  

Dr. Sullivan’s

“DEA’s expert Donald Sullivan opined “that it can be a red flag of abuse.”  This Cannot support an express intent that a crime is or was afoot. Thus, it cannot establish probable cause.  In fact, the DEA statements that ‘long distances using GOOGLE MAPS “can be” a red flag of abuse and diversion,’ is a clear application that fails to supports Responsible Suspicion.  

UNA VEZ MAS

 Una Vez Mas, the Red Flag of distance serves as a discussion point in pharmacy.  Primarily there are absolutely no State or Federal laws that limit a patient to 30 to 35 miles to fill any prescription by any licensed pharmacy and the DEA, very well knows that fact. We see this in the cross-examination of DEA Diversion Investigator Richard James Alpert, by Dale Sisco in an Administrative court hearing held January 28, 2020, in Tampa, Florida;

Mr. Sisco: Based upon your training, education, and experience, is there a federal statute or regulation that geographically limits the area in which a pharmacy can dispense?

DI Albert: Not to my Knowledge.

Mr. Sisco: To your knowledge based on your training, education, and experience, is there a Florida statute that limits the geographic area in which a Florida pharmacy can dispense prescription?

DI Albert: Not to my Knowledge.

Richard Albert’s testimony was a stunningly profound admission of wrongdoing by DEA and Donald Sullivan

DEA CORRUPTION FORCES PHARMACIST TO CRIMINALIZE PATIENTS WITH LEGAL TREATMENT, “WE ARE PROFILING AND PATIENTS ARE DYING”

THE PROBITY

DONALD SULLIVAN’S LONG HISTORY OF PROFESSIONAL, ACADEMIC FRAUD AND JUDICIAL PERJURY

POWER CORRUPTS AND ABSOLUTE POWER CORRUPTS ABSOLUTELY

FALSUS IN UNO, FALSUS IN OMNIBUS” 

DONALD R. SULLIVAN OHIO STATE UNIVERSITY COLLEGE OF PHARMACY

CHRONIC PAIN

According to NATIONAL CENTER OF COMPLEMENTARY AND INTEGRATIVE HEALTH:

Chronic pain is a common problem, affecting about 40 million U.S. adults, but its impact on people’s daily lives has been difficult to define. The U.S. National Pain Strategy proposed adding disability (activity limitations) to the standard definition of chronic pain (which is based on how long the pain has lasted) to get better information on the impact of chronic pain on the U.S. population. This study analyzes 2011 National Health Interview Survey data on chronic pain accompanied by restrictions in major life activities (High Impact Chronic Pain) and chronic pain without these limitations.

The survey data showed that

  • 4.8 percent of the U.S. adult population (10.6 million people) had High Impact Chronic Pain and another 13.6 percent (29.9 million) had chronic pain without limitations in major life activities. 
  • Activity limitations were more common in the chronic pain population than in groups with other chronic health conditions, such as stroke, kidney failure, cancer, diabetes, or heart disease.
  • About 83 percent of people with High Impact Chronic Pain were unable to work for a living, and one-third had difficulty with self-care activities such as washing themselves and getting dressed. 
  • People of African American, native American, or Asian Indian descent; older people; those with a high school diploma or less education; and those who were divorced/separated, widowed, or never married had an increased likelihood of High Impact Chronic Pain.
  • Compared to people with chronic pain without activity limitations, those with High Impact Chronic Pain had higher levels of anxiety, depression, fatigue, and cognitive difficulty. They also tended to report more severe pain, worse health, and higher health care use.
  • Although many people with chronic pain also have other health problems, analyses that controlled for the other conditions suggested that the disabilities experienced by people with High Impact Chronic Pain were more closely related to their frequent pain than to their other health issues.

These results, along with future studies that distinguish people with High Impact Chronic Pain from those with chronic pain without limitations, should improve understanding of the risk factors, causes, and consequences of chronic pain and may help in finding ways to reduce the likelihood that people with chronic pain will become disabled.

LOWER BACK IS A REAL MEDICAL CONDITION 

Dr. Sullivan also observed that ‘‘many of the narcotic prescriptions had the words ‘severe LBP’ on them,’’ which ‘‘most likely stands for ‘Severe Low Back Pain.’ ’’ GX 20, at 5. Explaining that ‘‘lower back pain is viewed in the medical field as the ‘biggest scam to obtain controlled substances because it is the hardest to disprove due to the lack of definitive clinical measures,’’ he reported that ‘‘it is very unusual that all these patients had the same diagnosis and they all had to be on the maximum doses of these controlled substances including Soma.’’ Id. 

The Court statements and opinions made by Dr. Donal Sullivan against Harold Eugene Fletcher and Paul Volkman MD., are both erroneous and absolutely false. This article has intentionally gone into detail on the disease conditions of lower back pain exposing Dr. Donald Sullivans fraudulent 2010 testimony.

CHRONIC LOWER BACK PAIN (LBP)

DIAG. LOWER BACK (COURTESY LP3 NETWORK)

Prevalence

  • According to the Global Burden of Disease Study in 2016, low back pain (LBP) remains the leading cause of disability across the globe1
  • According to estimates, LBP is responsible for approximately 3 in every 100 general practitioners visits2
  • Over 40% of patients with acute LBP will go on to develop chronic LBP3
  • Chronic non-specific LBP can include both nociceptive and neuropathic mechanisms = mixed pain
  • Nociceptive pain arises from inflammatory responses in injured tissue and manifests as aching, dull, or throbbing pain
  • Neuropathic pain is defined as somatic, referred pain arising from the lumbar spine and/or nerve roots, and manifests as shooting, stabbing, or electrical shock like pain
  • It is estimated that 20-55% of patients with chronic LBP have a neuropathic component
  • The debilitating nature of LBP multiplies significantly when a neuropathic component is present
  • It is estimated that healthcare costs are 67% higher in LBP patients with a neuropathic component
  • Current guidelines advise for a multimodal approach for managing LBP, especially when neuropathy is present

• Morlion, 2011

Definition

  • Current guidelines advise that patients with LBP be triaged based on certain clinical presentations when determining the etiology and diagnosis of LBP4:
    • Pain arising beyond the lumbar spine (e.g., renal, aortic dissection)
    • Presence of neurological deficit (e.g., radiculopathy, spinal canal stenosis, cauda equine syndrome)
    • Presence of suspected spinal pathology (e.g., malignancy, infection, fracture)
    • Presence of inflammatory disease (e.g., spondyloarthritis)
  • When one of the aforementioned conditions is not present, the patient is considered to have non-specific LBP

Mechanisms

  • Chronic non-specific LBP can include both nociceptive and neuropathic mechanisms = mixed pain
  • Nociceptive pain arises from inflammatory responses in injured tissue and manifests as aching, dull, or throbbing pain
  • Neuropathic pain is defined as somatic, referred pain arising from the lumbar spine and/or nerve roots, and manifests as shooting, stabbing, or electrical shock-like pain
  • It is estimated that 20-55% of patients with chronic LBP have a neuropathic component
  • The debilitating nature of LBP multiplies significantly when a neuropathic component is present
  • It is estimated that healthcare costs are 67% higher in LBP patients with a neuropathic component
  • Current guidelines advise for a multimodal approach for managing LBP, especially when neuropathy is present

First-Line Therapies

page165image64656752
  • First-line therapy for acute (<12 weeks) non-specific LBP is superficial heat, massage, spinal manipulation, and acupuncture
  • Initial treatment recommendations for chronic (>12 weeks) non- specific LBP is structured exercise, spinal manipulation, and psychological therapies
  • Patients are encouraged to stay active and avoid bed rest
  • Only when non-pharmacological treatments fail to manage LPB should pharmacotherapy be considered1
  • Previous guidelines recommended oral acetaminophen (paracetamol) as the first-line pharmacotherapy
page166image64939312
  • for managing LBP
  • However, it has since been shown to have similar outcomes compared to placebo1 and is no longer recommended as treatment2
  • Current guidelines recommend oral NSAIDs as a first-line pharmacotherapy in patients with both acute and chronic LBP2
  • The American Geriatric Society (AGS), advises that oral NSAIDs be used rarely and with extreme caution due to their adverse risk profile3
    1. Saragiotto et al., 2016
    2. Almeida, 2018
    3. Morlion, 2011
  • Oral muscle relaxants continue to be recommended in US guidelines for acute LBP only when oral NSAIDs do not work1
  • Because of their adverse effects, notably drowsiness and dependence, they are not recommended for chronic LBP2
  • Despite recommendations to avoid opioid prescriptionopioids are one of the most commonly prescribed medications for LBP in primary care3
  • According to US and UK guidelines, opioids are recommended for acute LBP when other pharmacological treatments fail4,5
    1. Almeida, 2018
    2. Morlion, 2011
    3. Kea et al., 2016
    4. NICE, 2016
    5. Qaseem et al., 2017

First-Line Therapies

page166image64939312
  • As for chronic LBP, the UK strictly advises against the use of opioids1
  • US guidelines recommend the use of opioids as a last resort for patients with chronic LBP that have not responded to other pharmacological options2
    1. NICE, 2016
    2. Qaseem et al., 2017Other Pharmacotherapies

Other Pharmacotherapies

  • Despite their efficacy on other neuropathic pain conditions (e.g., diabetic neuropathy), oral antidepressants have been found to have mild to no effect on chronic LBP with neuropathic components
  • Oral anticonvulsants (Voltage-gated Calcium Channel Blockers), notably gabapentin, has been found to manage the neuropathic component of chronic LBP
  • Oral anticonvulsants are associated with somnolence, dizziness, weight gain, and peripheral edema
  • Gabapentin also has a challenging titration schedule:
    • Starting at 100-300mg/day
    • Uptitrated in 100-300mg increments every 3-7 days according totolerability to a target dose of 1800-3600 mg/day 3x daily
  • There is no evidence supporting use of pregabalin alone
  • Topical anesthetics, notably lidocaine, have been found to improve LBP by targeting peripheral neuropathic components
  • Topical capsaicin has also been shown to improve LBP

• Morlion, 2011

Combination Pharmacotherapy

  • Since chronic LBP is characterized by both nociceptive and neuropathic pain mechanisms, using different pharmacotherapy that targets both mechanisms is a rational approach for LBP management1
  • A study assessing the efficacy of oral celecoxib plus pregabalin in patients with chronic LBP, reported that the combination was associated with significantly greater reductions in pain compared to either drug on its own2
  • The average dose needed to manage pain was also lower with the combination2
    1. Morlion, 2011
    2. Romano et al., 2009
  • Pregabalin, in combination with oxycodone or buprenorphine, was also found to be more efficacious than each on its own
  • Pregabalin on its own has been found to have no benefit on LBP; however, when in combination with celecoxib, oxycodone, or buprenorphine, it is largely beneficial
    • Gatti et al., 2009
    • Pota et al., 2007Other

OTHER NON-PHARMACOLOGICAL THERAPIES

page169image47615440
  • According to ACP, APS, and NICE guidelines, staying physically active with structured exercise programs, including aerobic activity, muscle strengthening, and postural control and stretching is recommended
  • ACP, APS, and NICE guidelines also recommend manual therapy and acupuncture
  • Accumulating evidence suggests that such non- pharmacological interventions come from studies that assessed efficacy in acute LBP and not chronic LBP

Copyright LP3 Network Inc. 2020

Case Description

  • Male, 45 years old (5’ 11” (180 cm); 250 lbs (113 kg))
  • Social drinker and habitual smoker
  • Was in a car accident 2 years ago; car was hit on the driver’s side by a car running a red light as he was crossing the intersection
  • Suffered a herniated disk as a result and received chiropractic manipulations; however, the pain never fully went away
  • Presents with chronic low back pain with episodes of pain radiating through the buttocks and back of leg
  • Patient reports temporary sharp spasms while walking which often causes him to trip
  • X-rays show degenerative disk disease. Patient also suffers from Crohn’s Disease

• Patient’s activity is beginning to decrease

  • Prior therapy included physical therapy, nerve blocks, local corticosteroid injections, oxycodone, and meloxicam
  • He is currently receiving chiropractor manipulations 2x/month and is on sulfasalazine, loperamide, prednisone, and quercetin

Copyright LP3 Network Inc. 2020

Case Assessment & Formula Investigation

Case Summary: 45 year old male, social drinker and habitual smoker, car accident 2 years ago, suffered herniated disk, received chiropractic manipulations, but still has pain; presents with chronic low back pain with periodic pain in the buttocks and leg, sharp spasms while walking, has Crohn’s Disease, on meds (sulfasalazine, loperamide, prednisone, and quercetin), has immune suppression, GI irritation, and sedation

  1. Characterize the type of pain – Somatic Nociceptive, Visceral Nociceptive, Inflammatory, Neuropathic, Functional
  2. Characterize peripheral sensitization – Allodynia, Hyperalgesia, Functional Neuroplasticity, Structural Neuroplasticity, Vascular
  3. Characterize central sensitization – Wind-up, Disinhibition/loss of inhibition, Functional Neuroplasticity, Structural
  4. What would you target – Peripheral inflammation, Peripheral Na+ Channels, Peripheral 5-HT Receptors, Peripheral/Central TRP Channel, Peripheral/Central NMDA Receptors, Peripheral/Central GABA Receptors, Peripheral/Central Opioid Receptors, Peripheral/Central CBD Receptors, Central VGCCs, Descending 5-HT, Descending NE

Poll

1. Characterize the type of pain. Select all that apply

  1. Somatic nociception
  2. Visceral nociception
  3. Inflammatory nociception
  4. Neuropathic pain
  5. Functional pain

Take 5 Minutes!

  • Refer to Topical Analgesic Table Handout
  • Answer these 4 questions – justify the selection
  • We will return in 5, poll you on your anCsowpyerirgsh,taLnPd3 NdeitswcourksIsnc. 2020
  1. Allodynia
  2. Hyperalgesia
  3. Functional neuroplasticity
  4. Structural neuroplasticity
  5. Vascular change
  1. Peripheral inflammation
  2. Peripheral Na+ Channels
  3. Peripheral/central opioid receptors
  4. Central VGCCs
  5. Descending Norepinephrine Pathways

CHAPTER THREE

ROLE OF A PHARMACIST

The AMERICAN MEDICAL ASSOCIATION WRITES JUNE 16, 2020

“We are concerned that such a careful approach to identifying the precise combination of pharmacologic options could be flagged on a prescription drug monitoring program as indications wrongly interpreted as so-called “doctor shopping” and cause the patient to be inappropriately questioned by a pharmacist. The AMA strongly supports a pharmacist carrying out his or her corresponding responsibility under state and federal law, but the past few years are rife with examples of patients facing what amounts to interrogations at the pharmacy counter as well as denials of legitimate medication. The AMA urges CDC to provide strong guidance and support for physicians and pharmacists to work together rather than jumping to conclusions about a patient’s PDMP report.”

” Clinicians are encouraged to have open and honest discussions with their patients so as to avoid stigmatizing the decision to start, continue, or discontinue opioids or non-opioid therapy. This discussion also must account for the treatment options accessible to the patient based on their health condition, social determinants of health (e.g. transportation, employment, childcare responsibilities, race, gender, age) and insurance coverage.”

THE ROLL OF THE PHARMACIST, PROFESSOR RICHARD WYNN PHARMACOLOGY UNIVERSITY OF MARYLAND COLLGE OF DENTISTRY

JOSEPH L.WEBSTER, SR., MD, MBA, FACP, BS. PHARMACY, JUNE 12, 2020

I have reviewed the pertinent materials that were provided regarding the testimony of Dr. Sullivan. It is clear to me that he has a basic flaw in his thinking regarding the Doctor – Pharmacist relationship.  The respective regulatory bodies, including the various “Boards”  of Pharmacy, Medicine, Dentistry, Nursing, etc. clearly outline the ‘scope of practice’ for each of those disciplines. 

The orderly flow of a prescription “from” the doctor to the patient – via the Pharmacist – clearly outlines where the ‘diagnosis’ has to come from. It is statutorily the purview of the pharmacist to ‘inspect and assure’ that the drug that is being given is safe and has no known incompatibilities with the patient and its holistic environment. 

DX; MSI.26 M48.0, NONACUTE PAIN

It is not the purview nor is the pharmacist trained to ‘challenge the diagnosis’ of the physician and to do so verbally or otherwise with the patient. It erodes the ‘doctor-patient’ relationship and destroys the ‘confidence’ of the patient in his/her physician. At the very least it is ‘unethical’ and may very well be a HIPPA violation and beneath the standard of care as a pharmacist. 


Any healthcare provider that is licensed to ‘prescribe’ is governed by the set of conditions and circumstances under which a prescription can be written. Thus it is illegal to write a prescription for a person that the prescriber has not conducted the ‘chain of authority’ that would qualify him/her to write a prescription:  history and physical examination, formulation of a diagnosis, and discussing such with the patient as well as the proposed manner of treatment in a culturally sensitive and ethically appropriate manner; and provision of an opportunity for the patient to ‘question and discuss alternative forms of treatment; etc. 

DEA EXPERT DONALD SULLIVAN TESTIFIED HE NEVER LOOKED AT ANY PATIENT PRESCRIPTION OR SPOKE WITH THE TREATING PHYSICIAN

Once the provider has met all of the aforementioned and other ‘requirements to write a prescription, then and then ONLY  should a healthcare practitioner write a prescription.  I do not see where Dr. Sullivan obtained his evidence that the pharmacist in question attempted to do any of these steps in the ‘chain of authority in the cases in question. Furthermore, as stated above, a pharmacist IS NOT AUTHORIZED TO WRITE A CONTROL PRESCRIPTIONS by any of the regulatory boards of health.

WE ARE TO BE UNSEEN

It is my professional opinion that the pharmacist in question had ‘no reason’ and more importantly the pharmacist had ‘no power’ to question or interrogate each provider on ‘each prescription’ that is received as long as the ‘safety, efficacy and convenience’ of the medications being prescribed meet the standards of Medication Dispensing. Any given medication can be and certainly will be given for multiple different diagnoses and it is not even feasible for the pharmacist to ‘contact and question’  each and every diagnosis.

WALMART LEGAL TEAM WRITES: DECEMBER 22, 2020

” Think about what happens when a patient brings an opioid prescription from a doctor into a pharmacy to fill.”

Pharmacists aren’t doctors and don’t write opioid prescriptions. Instead, when a patient hands an opioid prescription written by a DEA-approved doctor to a pharmacist, a pharmacist has to decide whether to fill it. No one disputes that if a pharmacist knows a prescription is fake or forged, she shouldn’t fill it. 

The Department’s lawsuit raises a different issue: what a pharmacist should do with a prescription that is valid on its face and written by a state-licensed and DEA-approved doctor. 

For a prescription like that, should a pharmacist accept the doctor’s medical judgment and fill the prescription? Or should a pharmacist second-guess the doctor and not fill it, leaving the patient without the medicine prescribed by her doctor? Remember, a pharmacist must make this decision without the benefit of a medical degree, without examining the patient, and without access to the patient’s medical records.”

Walmart notes that the DEA has suggested that some combinations of opioids never have a legitimate medical purpose and should never be filled. Yet the Centers for Medicare & Medicaid Services continues to cover these opioid combinations and wants such prescriptions to be evaluated based on individual medical circumstances. Walmart filed a pre-emptive suit in October seeking clarity about the standards for handling prescriptions, but at that time had received no answers.

THE FORM

Both Walmart and Pronto Pharmacy had implemented internal procedures unique to their specific operations to detect fraudulent prescriptions. The Wall Street Journal Editorial Boardfurther wrote on December 29, 2020:

“When Walmart’s pharmacists catch a prescription that appears fraudulent or forged, they are trained to refuse to fill it and document the incident. Walmart says it has passed tens of thousands of leads about suspicious prescriptions to state and federal law enforcement. It’s the job of the DEA and state medical boards to investigate and revoke doctors’ licenses and prescribing privileges if there’s wrongdoing.”

THE FORM: A MEMORANDUM FOR RECORD

Pronto Pharmacy also had a required “Form” (MEMORANDUM FOR RECORD) in which every patient with any type of prescription had to fill out. The Form was used along with the National Prescription Drug Monitoring Program to screen for suspicious activity of control medications. 

THE FORM

The Form was very successful in detecting fraudulent prescriptions and groups engaged in “pharmacy shopping,” for diversion purposes. People who were up to “no good” would turn around and leave when they were made aware of the Memorandum For Record “The Form,” and the consequences of not being truthful.

Richard James Alpert was knowledgeable of the Pronto Pharmacy “Form” and its purpose. Yet, Mr. Alpert chose not to consider “The Form” as a component of deterring suspicious activity. The dismissal of the purpose of the Pronto Pharmacy “Form” by Mr. Alpert is further indicative of his lack of completing a thorough investigation and failure to get at the truth. 

As noted from Mr. Alpert’s court testimony, he in fact didn’t talk with any prescribing physicians or their patients. Richard James Alpert had been made aware and also had full knowledge, not one person who came to Pronto Pharmacy, got any prescriptions filled without filling out the Form and everyone received a consultation as well as paid a $25 one-time consultation fee.

“WHEN YOU DON’T FIGHT BACK YOU CAN’T EXPECT TO WIN”

The Form was evaluated by Pharmacist Daniel Buffington of Tampa, Florida and he agreed with Pronto Pharmacy implementing this Form as part of their prescription intake procedure. Buffington further felt Pronto Pharmacy should charge for this service as any other health professional would because it is a consultation; a MEMORANDUM FOR RECORD

The violation of the Pronto Pharmacy Form did cause some people to go prison. More importantly, any suspected fraudulent activity identified and proven by the pharmacist was forwarded to their Attorney who communicated directly with the law enforcement department and/or State Attorney Offices. The Form was part of The Pronto Pharmacy Standard Operation Procedure as a mechanism in place to prevent diversion. The Form is aMemorandum For Record which could be used by any Court to identify the Patients intent.

  1. Who
  2. What
  3. When 
  4. Where

Both the National Prescription Drug Monitoring Program and the Pronto Pharmacy Form were always used together to detect and report suspicious “unlawfully invalid controlled-substance prescriptions.” Both Diversion Investigator Richard James Alpert and so-called Pharmacist diversion expert Donald R. Sullivan were well aware of the Pronto Pharmacy Form and that all patients who came to Pronto Pharmacy were required to complete “The Form.”

FIGURES DON’T LIE BUT LIARS DO FIGURE

“WHEN YOU DON’T FIGHT BACK YOU CONCEDED TO YOUR ATTACKERS”

However, Dr. Sullivan was suspicious of the patient questionnaire used by the subject pharmacy. The questionnaire inquired whether the patient lived more than 100 miles from the pharmacy.  Dr. Sullivan opined that this reason was insufficient to resolve the red flags.

$25 CONSULTATION FEE

The questionnaire contained a certification to be made by the patient, certifying that “I am taking all of my medication prescribed.” Dr. Sullivan deemed this certification ineffectual in resolving the red flags of early fills and of diversion. A further statement by the patient that, “I am not selling any of my medication,” did not alleviate any concerns that the patient may have been diverting his medication. (5)

Indeed, Dr. Sullivan suspected the question exposed a subterfuge by the pharmacy, revealing the pharmacy believed patients were selling their medications, and the question was designed to relieve the pharmacy of any liability. If a pharmacist believes a patient is selling his/her medications, the pharmacist should not fill any further prescriptions for that patient.

the DEA’s twins of deception

RICHARD JAMES ALPERT AND DONALD SULLIVAN’S TESTIMONY OF BIAS AND FRAUD

Donald Sullivan’s testimony amounted to unsubstantiated fraudulent rubbish and bias. He nor Richard James Alpert took the time to investigate the origins of The Form. The Form was approved by the Pharmacy Attorney. 

Dan Buffington, PharmD, MBA of Tampa, Florida has been selected as President-Elect of the Florida Pharmacy Association for 2020-2021. Dr. Buffington is President and Practice Director of Clinical Pharmacology Services in Tampa and is also on the faculty at the University of Florida College of Medicine and Pharmacy. (5)

He served for 6 years on the Board of Trustees of the American Pharmacists Association (APhA) and represents pharmacists on the American Medical Association’s Current Procedural Terminology (CPT) Editorial Panel. He served for 5 years as a medication safety expert with the US Centers for Medicare and Medicaid Services on the Healthcare Reform team in the CMS Innovation Center and the Center for Clinical Standards and Quality (CCSQ) focused on improving health outcomes, patient safety, and alternate payment models. (5)

Thus, the testimony of both Donal Sullivan and Richard James Alpert demonstrates their gross incompetence and failure to investigate. If these two would have investigated, they would have easily found the people of Pronto Pharmacy LLC always adhered to the rules, regulations, and laws which govern pharmacy. 

DONALD SULLIVAN Ph.D

We demand that the CSA certificate of Pronto Pharmacy LLC., be returned unrestricted, and both Alpert and Sullivan be removed from employment from the Federal Government for fraudulent misrepresentation and abuse of authority.

JUDGE DOWD: And is it your job, is it part of your investigation in these cases to reach out to the prescribing physicians to determine if there’s a legitimate medical reason to justify the prescription, the opioid or whatever that’s actually prescribed? Is that part of your investigation?

Richard Janes Alpert

DI ALPERT: That wasn’t part of my investigation. No sir.

Mr.Sisco: Okay. So you talked to the patients, right?

DI Alpert: Did I talk to the patients?

Mr.Sisco: Yes, sir.

DI Alpert: No, sir

ALL PRESCRIPTIONS ARE VALID

“IF YOU FIGHT WITH DETERMINATION TO WIN THAT CHANGES THE RULES OF THE BALL GAME”

Pronto Pharmacy LLC, At Cost Pharmacy of Fort Myers, Fl, Gulf Med Pharmacy of Cape Coral, Florida, Oak Hill Pharmacy of Oak Hill, West Virginia, Eat Main Street Pharmacy of Columbus, Ohio to this date have neither intentionally violated nor broken any laws.  All control medications in these pharmacies have been dispensed according to CSA guidelines, and all prescriptions filled by these pharmacies were legally written by licensed medical/dental practitioners. 

According to Michael Krause Law Professor at the George Mason University, Scalia Law School, an article on December 27, 2021, Wall Street Journal titled, A Case Against Walmart Mocks Justice, “The federal government sues the chain for filling valid prescriptions in compliance with state law” (2)

” Under the Constitution’s Supremacy Clause, when there’s a contradiction between valid federal and state law, the former prevails. But there’s no federal law requiring that Walmart pharmacists refuse to fill prescriptions that state law requires them to fill. The Controlled Substances Act creates only two circumstances in which pharmacists commit a federal crime by filling facially valid prescriptions for controlled substances.

” First, if they “knowingly fill” a prescription that wasn’t issued by a doctor “in the usual course of professional treatment”—for instance, if a doctor hands out his entire Rx pad without examining any patient. Second, if they fill a prescription outside the “usual course of” pharmacy practice—for instance, if a “pill mill” dispenses opioids without checking the DEA number of the prescribing doctor. Not only isn’t Walmart being sued for such infractions; it has adopted innovative opioid-stewardship programs and worked with law enforcement agencies including the DEA to root out corrupt doctors.”

As written December 29, 2020, by the Wall Street Journal Editorial Board which was in a stark rebuke of the United States Department of Justice (DOJ) lawsuit filed in federal court in Delaware claims that: 

” Walmart “failed to detect and report at least hundreds of thousands of suspicious orders” and that as a pharmacy it “unlawfully filled thousands upon thousands of invalid controlled-substance prescriptions.” These actions enabled opioid abuse and “helped fuel a national crisis,” the feds say. (1)

“The complaint further alleges: 

“Violations of the Controlled Substances Act and its accompanying regulations, but it is really a 160-page exercise in scapegoating a company because it is well-known and has deep pockets. Walmart doesn’t push pills on opioid addicts. Its pharmacists fill valid prescriptions written by doctors who are licensed by their states and registered with the Drug Enforcement Administration (DEA).” (1)

Similarly, in the actions of Pronto Pharmacy LLC, Tampa Florida the DOJ/ DEA has shown absolutely NO proof these prescriptions written by licensed practitioners and patients having been diagnosed with a disease condition are illegitimate. Neither the DOJ/DEA found any prescription medications were being diverted for non-medical use. 

Norman J Clement, Aaron Howard, Lynn Michelle Clarke, Rick Fertil demand the return of our DEA Pharmacy Control Substance Registrations Immediately.

DEA EXPERT DONALD SULLIVAN

“I didn’t ask the appropriate questions of patients,” Fletcher said. “I didn’t document it.” However, based on DEA’s procedures it wouldn’t matter how detailed a record-keeping system a pharmacy could have maintained for the screening of diversion, the DEA diversion investigators are going to create some sort of wrongdoing.

HAROLD EUGENE FLETCHER

Fletcher FORCED TO admit to distributing Oxy for no legitimate medical purpose

COLUMBUS, OH – On January 11, 2011, Harold Eugene Fletcher, 42, owner of the East Main Street Pharmacy in Columbus, pleaded guilty in U.S. District Court to illegal distribution of the painkiller, oxycodone. He also pleads guilty to one count of structuring financial transactions and one count of filing a false income tax return. 

A federal judge today ordered a Near East Side pharmacist to prison for two years for filling pill-mill prescriptions. U.S. District Judge Algenon L. Marbley also sentenced Harold Eugene Fletcher, 43, to spend a year of his five-year probation on house arrest and to pay $275,000 in restitution and a $75,000 fine.  He prohibited him permanently from working as a pharmacist in Ohio. 

by Langston Hughes

Fletcher pleaded guilty a year ago to one count of unlawfully distributing the painkiller oxycodone, one count of filing false income tax returns, and one count of structuring, which is breaking a large cash deposit into several smaller ones to evade government reporting rules.

A pharmacist facing nearly 200 counts of illegally dispensing prescription painkillers and linked by the government to two drug overdose deaths pleaded guilty Tuesday to three charges in exchange for cooperating with the government and ending his career as a pharmacist.

Before entering his plea, Harold Fletcher said he had screwed up by not asking a patient enough questions before prescribing 480 tablets of oxycodone in February 2006.

DONALD R SULLIVAN

Fletcher, 42, pleaded guilty in federal court Tuesday to illegally dispensing a prescription drug, filing a false tax return and hiding money by making cash deposits under a limit that triggers automatic bank review.

The deal calls for a prison sentence of no more than two years. It also calls for Fletcher to help the government in other cases involving illegal drug prescribing.

Paul Volkman, a doctor who worked at the Tri-State Health Care and Pain Management clinic in Scioto County and has been linked to Fletcher, was found guilty by a Columbus jury and was sentenced to 4 life terms in federal prison for helping distribute millions of highly addictive drugs that authorities said led to nearly a dozen deaths.

Dr. Volkman worked at three pain management clinics in three towns in Ohio. Obviously, there was a need and not many other doctors were knowledgeable enough or willing to do the job, considering the risk. But like me, Dr. Volkman obviously knew what he was doing.  He holds an M.D. and Ph.D. in pharmacology from the University of Chicago. He had practiced as an emergency room physician as well as in family practice and pediatrics and became a diplomat in the American Academy of Pain Management. 

“Volkman’s attorneys had dismissed the charges as a case of “an inflated and irrational fear of the medical science of pain treatment.”

HAROLD EUGENE FLETCHER PHARMD

Judge Algenon L. Marbley sentenced Fletcher to two years in prison and a year of house arrest after he pleaded guilty to unlawfully filling a prescription for the painkiller oxycodone.

“The consequence of your greed is that people suffer,” Marbley chastised Fletcher, 43, before sentencing him. “It’s an unfortunate tale because you have such potential and you chose to fritter it away.”

Marbley also ordered the former Near East Side pharmacist to pay $275,000 in restitution to the IRS and a $75,000 fine. He barred him permanently from working as a pharmacist in Ohio.

Fletcher pleaded guilty a year ago to one count of unlawfully distributing the painkiller oxycodone, one count of filing false income-tax returns and one count of structuring, which is breaking a large cash deposit into several smaller ones to evade government reporting rules.

He negotiated a plea deal with prosecutors to avoid a prison sentence that could have stretched to 33 years. The two-year prison sentence was the longest Marbley could order under the agreement. Fletcher filled prescriptions at his East Main Street Pharmacy, 1336 E. Main St., for patients of Dr. Paul L. Volkman, one of the doctors at the heart of the oxycodone epidemic in southern Ohio.

Volkman operated pain-pill clinics in Portsmouth and Chillicothe. A Cincinnati federal jury found him guilty in May of illegally distributing painkillers. His sentencing is scheduled for Feb. 14 in Cincinnati. Fletcher did not apologize for his actions.

“At the very least, you were reckless; at the worst, you were complicit with Dr. Volkman,” Marbley said.

About 20 of Fletcher’s friends and relatives were in federal court in Columbus to offer support during the sentencing. Brad Barbin, Fletcher’s attorney, said his client had made some bad decisions, but added that an investigation revealed Cooper had other drugs in her possession when she died and had obtained drugs from numerous pharmacies in the months before her death. An indictment against Fletcher in September 2010 included more than 200 counts. The other counts were dropped as part of the plea agreement. The indictment said Fletcher had gross receipts of $1.8 million in 2005 and $1.9 million in 2006.

Paul Volkman MD., Ph.D

Supreme Court precedent will not topple quadruple life sentences for a drug-dealing doctor whose prescriptions caused four patient deaths, the Sixth Circuit ruled. During his less than two years at Tri-State Health Clinic, a cash-only practice in Portsmouth, Ohio, that saw 18 to 20 patients a day, dispensing a high volume of pain medication, Dr. Paul Volkman had 12 patients die.
     

Volkman took the job at Tri-State after a spate of legal woes left him without malpractice insurance or a job in 2003. He obtained both a medical degree and a doctorate in pharmacology from the University of Chicago. Investigators found that Volkman had issued one patient with a history of drug addiction a prescription for oxycodone, Soma, Lortab, and Xanax – 660 pills in total.
     

When local pharmacies became unwilling to dispense the clinic’s prescriptions on the basis of improper dosing, Volkman opened a dispensary in the clinic.

After the feds raided the clinic, a grand jury indicted various officials with the practice, including Volkman, on a series of charges, including unlawful distribution of a controlled substance leading to death.
     

An Ohio jury convicted Volkman on four such counts, plus other charges, for which he was sentenced to four consecutive life terms. Those sentences were to be served concurrently with the 20 years he got other charges.
     

All four of the patients whose deaths were tied to Volkman had died within 48 hours of leaving his office with a new prescription.

CONCLUSION

SPEAKING TRUTH TO POWER

TAMPA IS TULSA, COLUMBUS OHIO IS TULSA AND SPEAKING TRUTH TO POWER

Across the United States of America, the DEA Diversion Investigators like Richard James Alpert, Aimee Hickman, Leanne Koziol, Lakkarsha Corbin, who attended a 12-week training academy at Quantico, Virginia have been are trained and permitted to lie, cheat, distort, the medical science, and criminalize addiction in direct conflict to the United States Surgeon General reports and those who treat legal and illicit drug addictions related to pain control, anti-anxiety, neuromuscular medications and send those who are both suffering and treating these diseases and disease states to prison and loss of licensure. 

norm j clement dds             

“…racism wears many masks, it is called Jim Crow one decade…only to be disguised as voter ID in another century, preventing election fraud, when no fraud ever exists…when wisdom becomes a threat, the knowledgable are deem arrogant and those learned are imprisoned…in healthcare, we must lead the fight for justice by connecting the dots of injustice…uncovering the unique, cleverly designed barriers erected to inhibit people from seeking treatment and preventing those licensed professionally and whom are capable from delivering proper healthcare…requiring them to view humans as algorithms to be uncared, then only  have systemic injustices wage war upon both their souls an affording neither of them dignity and respect…”

Joe Madison.               

” The question is??? What are we going to do about it”

The DEA, as an agency of government it mirrors, unfortunately, the attitudes of the broader society in that whenever they see Black folk progress, they find a way to destroy them. Quite frankly, the societal norm of the ultimate goal is to keep them in a state of fear, servitude, and economic bondage. DEA has learned by no accident, that the most effective way to undermine Black folk businesses is to groom another black person or someone of color to bring them into line. We are but low-hanging fruit. This was the mission and role of Richard James Alpert (the filtered negroe).

LOW HANGING FRUIT

The blog youarewithinthenorms.com exposes these shameful violations of human rights by Judges, ambitious prosecutors, and the Drug Enforcement Administration yet this verified reporting means nothing when simply put, black folks have accepted their status as inferior people. 

from Boukman the trouble maker:

” the evil of the authorities of the at Department Of Justice has been to manufacture a pretext in order to undermine then attack and criminalize our knowledge and training of medicine,… Our God asks only good works of us but this God who is so good orders us learned souls to take a stance, to fight and he will direct our hands, he will aide us to throw away the image of the enemies who thirst for our tears and the images of helplessness and inferiority, listen to the voice of liberty who speaks in the heart of all of us.”

FOR NOW, YOU ARE WITHIN

DONALD SULLIVAN

THE

YOUAREWITHINTHENORMS.COM , (WYNTON MARSALIS CONCERTO FOR TRUMPET AND 2 OBOES, 1984)

NORMS

ENDNOTES

  1. Statement from the Florida Department of Health::

“As you may know, in recent years, the Florida Legislature has made a number of changes in regard to the treatment of chronic, non-malignant pain. These changes were made as an effort to prevent the growing abuse of pain medications. When making these changes, the Legislature sought to balance the needs of patients with medical conditions and the safety of Florida’s general population. The Department remains committed to ensuring that the practice of pharmacy in Florida is conducted in compliance with Florida law. While pharmacists are encouraged to use their professional judgment when filling a prescription, the Florida Board of Pharmacy has urged them to always fill what they consider a valid prescription representing a legitimate patient-physician relationship. The Board remains in contact with the DEA’s Division Office of Diversion Control in its continuing effort to ensure that Florida pharmacists can practice their profession with confidence and compassion. Patients who do find it difficult to access their medications may find it beneficial to contact their physician and request that he/she reach out to their local pharmacist on their behalf to assist with getting prescriptions filled.”

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