“A TRIBUTE TO THE GREAT MADIBA IN HIS QUEST FOR FREEDOM THIS 30th ANNIVERSARY OF HIS RELEASE FROM VICTOR VERSTER PRISON IN THE WESTERN CAPE“
WALTER R. CLEMENT B.S MS., NORMAN J CLEMENT RPH., DDS JACK FOLSON RPH
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, Oak Hill Hometown Pharmacy owner Martin Ndjou, Top Line Pharmacy, owner Brian Olatunji, have joined together in exposing the Drug Enforcement Agency (DEA) for harassment, and malicious targeting and return of properties unjustifiably seized.
THE RED FLAG – Distance
In the exploring role and purpose of the DEA that acts as an unregulated medical agency policing the medical profession without legal standards and grounds. The DEA Diversion Investigator claims in arbitrary reasoning; their actions are based factors applied that “traveling long distances to fill prescriptions can be a red flag of abuse and diversion if a patient travels a significant distance to a particular pharmacy.
The DEA has developed criminal elements of free commerce by criminalizing distance travel as elements of criminal conduct. Whereby a pharmacist is a licensed practitioner who has advanced knowledge of the chemical-physical properties of medications, mechanism of actions, their dosage forms design, will likely not refer to GOOGLE MAPS as an element of patient treatments. More dangerously, as a result of the DEA’s aggressive policing of community pharmacies many are reluctant to fill any legitimate narcotic analgesic medication prescriptions for non-acute pain patients.
Some patients are known to spend days on end looking for a pharmacy to fill their prescriptions to no avail. This has caused massive concerns in the chronic pain disease medical/dental community, where one of the most important goals of any therapy is continuing staple treatment without disruptions.
It is well understood amongst medical/dental practitioners when disruptions in therapy occur, many of the deleterious effects are likely to happen. For example, patients diagnosed with Sickle Cell Anemia are many times profiled as addicts, rather than as persons with a chronic disease condition needing treatment for pain.
Other examples include persons who have survived traumatic accidents such as automobile accidents, gunshot wounds (civilian and military), notwithstanding leukemia and other cancers.
Indeed, pain management becomes even much more difficult when anxiety and diminished mobility complicates the treatment plans.
Further, it is well understood, when both medical/dental practitioners and patients can locate a Pharmacy that will fill pain control prescriptions with dignity and respect, both parties will often share that information with others.
DEA’s RED FLAGS OF OLD JIM CROW
Throughout this entire presentation, it becomes nearly impossible to ignore the racial disparities, and dehumanization without taken into the historical connotation of society as the whole. It is a giant elephant walking in front of us.
However, the difficulty becomes how RACISMO will often deflect from the diverse issue that touches every individual of this nation and beyond versus a bunch of guys who happen to be black pharmacists, who present a matter of human disparities which effects the foundation of our existence.
DEA’s Pharmacy expert, Don Sullivan, interviewed no physicians/dentist, no patient receiving prescriptions, nor reviewed any prescriptions of any patients from Pronto PHARMACY. Further DEA, expert Don Sullivan reviewed no radiographs, performed no physical examinations on patient of Pronto Pharmacy to impeach the primary physician initial diagnosis.
What DEA expert Don Sullivan a Pharmacy Clinical Professor at The Ohio State University College of Pharmacy, do is profiling each patient forming an opinion base on bias by cleverly eviscerating the physician-patient relationship. Then erroneously supports his conclusion of bias with tools such as GOOGLE MAPS were he claims he can effectively conclude the distance patient travels to fills a concluding prescription establish they are illegitimate medical purposes.
Ironically Professor Don Sullivan, works in the vicinity of the James Cancer Center at Ohio State University(right next to the College of Pharmacy at The Ohio State University). Patients travel great distances from all over the world to receive services and have their prescriptions filled, utilizing the hospital pharmacy and neighboring pharmacies. These pharmacies are far exceeding the 30 miles limit from of these patients being treated at the James Cancer Center; Professor Sullivan testified to as being RED FLAGGS in DEA Show Cause Hearing in Tampa Florida January 28-29, 2020.
What further undermines the credibility of both Don Sullivan and DEA Diversion Investigator Richard Alpert most is the 11 patients they identified as unresolvable ‘RED FLAGGS,” are still being treated today, by the same doctor for the same amounts at non- black own Pharmacies. Most importantly, prescriptions filled at these other pharmacies and the physicians are no longer classified RED FLAGGS. Both DEA Diversion Investigator Richard Albert and Pharmacy Expert Don Sullivan could have easily verified this by using the PDMP. So what happened to the RED FLAG?????
These patients continue to contact Pronto Pharmacy to inquire when are we resuming services. They are concerned under this current hostile environment aboutthe increase cost they are now paying for their medications at other Pharmacies.
THE DEA’S JUDGEMENT BY THE MILE MARKER
Currently, the DEA has no statistical guidelines or law to support or establish boundary levels, which are indicative of criminal acts when filling any Control prescription written for patients by a physician who has performed a thorough physical examination, diagnoses supported by medical/dental radiographs and treatment plan. The DEA guidelines are tactic acts that specifically target American pharmacist.
In the case of AARRIC Pharmacy, Ft. Myers, Fl., the DEA reasoned that the pharmacist regularly filled controlled substance prescriptions for individuals who traveled an unusual distance. The DEA further stated that “Obtain or fill a controlled substance is indicative of diversion and/or abuse, and
that such behavior is a red flag that must be addressed prior to dispensing.” The DEA reasoned that traveling 78 miles round trip and over 53 miles round trip is a red flag that must be addressed prior to dispensing. The DEA also claimed that traveling 45 miles round trip and or 44 miles round trip is a red flag that must be addressed prior to dispensing.
THE DEA AND GOOGLE MAPS
The DEA in their Order to Show Cause on Pronto Pharmarcy, LLC, applied the distance rule using GOOGLE MAPS. Using GOOGLE MAPS, the DEA cited several filled orders. One was stated as approximately 140 miles from the patient to Pronto Pharmacy, LLC (Respondent’s registered address); another was “located approximately 130 miles; the third patient lived “approximately 145 miles, and yet the fourth patient lived approximately 160 miles from Pronto Pharmacy, LLC.
It must be noted the DEA agents applied a higher mileage factor in different warrants to obtain a sense of urgency to support their cause. We observe in the case of AARRIC pharmacy, the DEA said that traveling 78 miles round trip, and over 53 miles round trip is a red flag that must be addressed prior to dispensing.
Once again, in the Pronto Pharmacy case, the DEA using GOOGLE MAP stated, a patient was “located approximately 130 miles from Respondent’s registered address, and another lived “approximately 145 miles yet another lived approximately 160 miles.
If the distance of traveling to obtain a prescription is a factor, these rules should apply to mail-order pharmacies, to citizens driving to Canada and to other pharmacies that fill prescriptions to individuals. Moreover, these Class 2 medications are delivered from manufactures via UPS and other delivery services and all retail stores that sell goods and services. if mishandled can cause harm to the public.
THE DEA MUST BE DISBAND OR REFORM
CONGRESS MUST INVESTIGATE
By the DEA standards, the manufacturers are operating a criminal drug enterprise, and the delivery service operated as drug carriers. Therefore, the entire pharmaceutical industry is at risk when the DEA applies its unabashed rules. Such actions of a government agency are to be feared. And such actions violated the 1st, 4th, 8th and 14th amendments.
The DEA’ S expert opined that “traveling long distances 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 significant distance to a particular prescriber”. The facts to support the probable cause cannot be justified by mere suspicion. “DEA’s expert 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.
THE US HOUSE OF REPRESENTATIVES CONGRESS MUST INVESTIGATE
The DEA has no supportive measures to apply further or support their claim that a crime was committed. Their tacit applications can be applied to any and all retail outlets. Whereby the acts and application and their idea of enforcement are so vague, that its strikes at the core values of our law. This agency can no longer be entrusted to protect and serve the citizenry. Their conduct throughout the nation strikes fears in that a law enforcement agency can act at will to claim that a citizen violated the law by merely stating that a specific law was violated. With no supporting facts and or articulations of how the citizen violated the law, this agency acts at will. With little and no restraints.
DEA’S MATTERS OF ENFORCEMENT ARE BASELESS THE U.S. CONGRESS MUST INVESTIGATE
This lack of knowledge violates the 4th amendment rights. It becomes apparent the DEA agents lacked sufficient training that their actions violated the constitutional rights under Harris vs. Canton when the failure to train your officers amounts to a policy of no training.
The actions and acts of performance displayed that the DEA agents show the inadequacy of training in that the DEA Agents failed to adequately understand the scientific methodologies of pharmacology. Yet, they chose to enforce rules and regulations without adequate pharmacology schooling. The agents relied on mere Here Say and applied what was heard to medical doctoral professionals.
Their failure of medical knowledge and training serves as the basis for liability only where the failure to train in relevant respect amounts to deliberate indifference to the constitutional rights of persons with whom the DEA Agents came into contact. The elements of the DEA agents’ during the
search displayed a lack of significant training. Whereby in on instant it can be seen that agents disabled and removed the camera system before they searched the facility.
CONGRESS MUST INVESTIGATE
Therefore, the acts and actions of the DEA’s application fall under the “Fruit of the Poisonous Tree.” Therefore, these matters of enforcement are baseless, and all items removed must be immediately returned, and all losses of wages and profits must be restored.
for now, you’re within the norms