Thursday, October 3, 2013

State officials investigating charges of fraud at Pace pharmacy Oct. 2, 2013


A Pace pharmacy is under investigation after complaints of improper billing practices.
Officials searched Burklow Pharmacy, 4880 Woodbine Road, on Wednesday to investigate allegations that customers may have been overcharged for prescriptions, said Cpt. David Lindsey of the Department of Financial Services Division of Insurance Fraud.

“It’s an ongoing investigation to try and prove, or disprove, that there has been improper billing here,” he said.

Lindsey said the search is part of a yearlong criminal investigation into the pharmacy, which reopened Wednesday afternoon. No charges have been filed.

The pharmacy, owned by Stephen Burklow, has been in business about 15 years.

Todd LaDouceur, an attorney representing Burklow, said that the investigation came as a complete surprise to his client.
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NuVision Hiring Pharmacist for Compounding

 3wwsb-4107335504@job.craigslist.org [?] 
Posted: 2013-10-03, 1:42PM CDT

 Pharmacist (COMPOUNDING) (Dallas)

NuVision Pharmacy located in North Dallas has an opening for a compounding pharmacist. Monday through Friday. No evenings, weekends or On-call. Five years experience. Must have IV certification. Clean room experience a plus. Benefits and competitive salary.

MUST BE NON-SMOKER
  • Location: Dallas
  • Compensation: negotiable
  • Principals only. Recruiters, please don't contact this job poster.
  • Please do not contact job poster about other services, products or commercial interests.
Posting ID: 4107335504
 
Posted: 2013-10-03, 1:42PM CDT
 
Updated: 2013-10-03, 1:42PM CDT

Texas Reveals Origin of Compounded Execution Drug

HOUSTON (AP) — The nation's most active death-penalty state has turned to a compounding pharmacy to replace its expired execution drugs, according to documents released Wednesday, weeks after Texas prison officials declined to say how they obtained the drugs amid a nationwide shortage.

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FDA Provides New Information About Lack of Sterility Assurance for Drugs Dispensed by The Compounding Shop


Food and Drug Administration (FDA) is warning patients and health care providers that budesonide solution (for nasal irrigation), dispensed by The Compounding Shop of St Petersburg, FL, may be contaminated and should not be used or administered to patients. According to an updated FDAnews release, FDA observed a 1,000 mL bottle of the medication with visible, white, floating material that FDA later identified as a fungus. Citing concerns that the contamination may be present in other budesonide solution products from The Compounding Shop, FDA is advising health care providers to “immediately quarantine any budesonide solution products from The Compounding Shop, and not to administer it to patients.” FDA issued a similar warning about sterile medications produced and distributed by the company in May 2013 after an inspection raised concerns about lack of sterility assurance.

$2.1 Million Mare at Center of Lawsuit Over Sale | Paulick Report – Thoroughbred Horse Racing News

$2.1 Million Mare at Center of Lawsuit Over Sale | Paulick Report – Thoroughbred Horse Racing News

Wednesday, October 2, 2013

The Law of Veterinary Medicine: Job opening in Veterinary Compounding Sales with R...

The Law of Veterinary Medicine: Job opening in Veterinary Compounding Sales with R...: Outside  Pharmaceutical   Sales     Roadrunner Pharmacy  -  Salt Lake City, UT, Immediate opening for new territory calling on all  v...

Veterinary Malpractice

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ROBERT L EATON JR (director) :: OpenCorporates--more on Eaton d/b/a Roadrunner

ROBERT L EATON JR (director) :: OpenCorporates

American Veterinary Medical Association Has Updated Resource Page on Compounding Including List of Questions and Answers Regarding Use of Compounded Medications on Animals and Their Position on Compounded Medications

PCCA International Seminar

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PCCA International Seminar

Wednesday, October 23, 2013 - Saturday, October 26, 2013
Sugar Land Marriott Town Square
Sugar LandTX
United States


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US REP GRIFFIN ACKNOWLEDGES FEDERAL COMPOUNDING LEGISLATION MAY NEED CLARIFICATION

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Mass. lawmakers OK compounding pharmacy crackdown Wednesday, October 2, 2013 -


BOSTON — The Massachusetts House on Wednesday unanimously approved tougher state regulations on drug compounding pharmacies like the one blamed for a deadly nationwide meningitis outbreak.
The bill, which now goes to the Senate, would require special licenses for compounding pharmacies and require by law that they be subject to unannounced inspections — something that state public health officials had already begun after the aftermath of the outbreak linked to the now-shuttered New England Compounding Center in Framingham.
According to the most recent figures from the federal Centers for Disease Control and Prevention, 64 people had died and 750 others had been sickened in 20 states by a tainted steroid distributed by NECC.
"It's an absolute tragedy that this happened. It was an absolute failure of government," said state Rep. David Linsky, D-Natick, one of several lawmakers who took to the House floor to urge passage of the bill.
Linsky said the combined lack of state and federal oversight of compounding pharmacies led directly to the outbreak.
The pharmacies mix customized injections, creams and other medications in formulas specified by doctors.
Rep. Jeffrey Sanchez, a Boston Democrat who co-chairs the Legislature's public health committee, noted that the U.S. Food and Drug Administration does not regulate compounded drugs in the same manner as it does other pharmaceuticals, leaving oversight of compounding pharmacies to state boards with operating with less resources than the federal agency.
The U.S. House of Representatives advanced a bill last week that would provide the FDA with greater authority to monitor large volume drug compounders.
Critics said these companies, including NECC, had been acting more as drug manufacturers in recent years, producing medications in bulk and shipping them across state lines, rather than acting as specialty pharmacies.
The measure approved by state lawmakers on a 155-0 vote incorporates several of the recommendations made by Gov. Deval Patrick in the aftermath of the meningitis outbreak, including a requirement that compounders report their drug production by type and volume.
Patrick said Wednesday he hoped the recent legislative and congressional actions would clear up "the gray areas between where the FDA's authority left off and ours picked up."
- See more at: http://bostonherald.com/business/healthcare/2013/10/mass_lawmakers_ok_compounding_pharmacy_crackdown#sthash.I0mFt0U5.dpuf

Prediction: The issue of lethal injections using compounded medications will eventually end up in front of the United States Supreme Court

Legal challenges of new Ohio execution drug likely Prison officials said they expect to announce a new lethal injection drug by Friday after the supply of pentobarbital expired Monday.


Ohio's imminent announcement of a new lethal injection drug is likely to be followed by legal challenges, if past experience in the state and across the country is any judge.
That same experience also suggests Ohio would likely prevail over the long term, but not before executions might be put on hold for a while.
The state is switching drugs because its supply of the drug used most recently in Ohio, the sedative pentobarbital, expired Monday. Additional supplies aren't available because the drug's manufacturer has put it off limits for use in executions.
Time and again, the state's introduction of a new drug or execution process "has given rise to new allegations and often new pleading" in death penalty cases, almost always followed by counterchallenges, federal judge Gregory Frost noted in August after the state said it would likely announce its new drug by Friday.
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APNewsBreak: Texas prisons turn to compounding pharmacy for execution drug amid shortage Published October 02, 2013Associated Press


Texas prison officials disclosed Wednesday that they are using a compounding pharmacy to obtain the drug used during executions.
The Texas Department of Criminal Justice, responding to a Freedom of Information request from The Associated Press, released documents showing the purchase of eight vials of pentobarbital last month from a compounding pharmacy in suburban Houston. Such pharmacies custom-make drugs but aren't subject to federal scrutiny.
Texas' previous supply of the sedative expired last month. Prison officials had refused to say where they were getting their new supply after many companies refused to sell the drug for use in executions, leading to a shortage in death penalty states.
Texas — which carries out far more executions than any other state — now has enough pentobarbital to carry out scheduled executions into next year, department spokesman Jason Clark said. Pentobarbital has been used as the lone drug in lethal executions in Texas for more than a year.
"The agency has purchased a new supply of the drug from a Texas pharmacy that has the ability to compound," Clark said.
The purchase invoice shows that the warden from the Huntsville Unit, where executions are carried out in Texas, bought eight 2.5-gram vials of pentobarbital on Sept. 16. Five grams, or two vials, are used in each execution, though another 5 grams are available to officials in the death chamber should they be needed to complete the execution.
Clark said the agency also has purchased another similar eight vials.
The disclosure came a day after a federal lawsuit was filed on behalf of three death-row inmates who are challenging the state's use of the drug. 
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Warning Letters

Warning Letters

CDER's Sklamberg on Criminals, Pleasing FDA Inspectors and Evolving Enforcement Approach Latest News; FDA in process of forming Office of Pharmaceutical Quality (OPQ),| Posted: 1 October 2013

By Alexander Gaffney, RF News Editor 

In remarks made on 30 September 2013 at the 2013 RAPS Regulatory Convergence conference, Howard Sklamberg, director of the Center for Drug Evaluation and Research's (CDER) Office of Compliance, provided a number of glimpses into what his office has in store over the coming months.

The Case for Quality (for Drugs, too)

The first should be of little surprise to anyone who has kept tabs on the US Food and Drug Administration (FDA) in recent years: Quality. As with its medical device center, the Center for Devices and Radiological Health (CDRH), FDA is seeking to make a similar "case for quality" within the pharmaceutical sector.
"CDER is focusing on ways of improving its assessment of quality," Sklamberg said. "We're in the process of forming an Office of Pharmaceutical Quality (OPQ)," which would combine many review functions--good manufacturing practices and chemistry, manufacturing and controls, for example--that are currently spread throughout various CDER offices into one office.
The goal, Skalmberg said, is to adopt a "lifecycle approach to reviewing products," much in the same way that regulators within industry often work.

From Lagging to Leading

Sklamberg also spoke at length about product surveillance, both for traditional and compounded pharmaceutical products. The key, he said, was to move away from traditionally lagging indicators and toward a better surveillance function.
He said current efforts within this space are focused on trying to find uniform metrics across the industry that could facilitate better overall compliance.
This also applied to various geographic regions, Sklamberg added. "We want to be able to see where the leading indicators are, regardless of where they are located."
But like most other divisions of FDA, a major focus of the Office of Compliance remains the Food and Drug Administration Safety and Innovation Act (FDASIA), he said. These activities vary widely, including reducing a backlog of applications, clearing new applications, ensuring the security of the supply chain, leveraging its new authorities in constructive ways and obtaining metrics from industry.

Struggles at Home and Abroad

The center has also been at the epicenter of a debate about whether the agency at large has sufficient authority to regulate pharmaceutical compounders. Sklamberg refused to comment on current efforts to alter FDA's enforcement paradigm by the House and Senate, but noted the legal difficulties the agency continues to face--various legal setbacks, a general lack of information, and a difficult time defining where a compounding pharmacy becomes a pharmaceutical manufacturer in practice.

Woman tricked into abortion sues Florida pharmacy--Welden said he asked an employee of Sunlake Pharmacy and Compounding Lab in Lutz, north of Tampa, to fill the fake prescription and provide a fraudulently labeled pill bottle. The plea agreement said the Sunlake employee knew Welden was up to no good.

October 2, 2013 Meningitis lawsuit says TN senator-doctor gave tainted injection, does not name him as defendant

A Tennessee state senator has been named in court papers as the physician who injected a victim of the fungal meningitis outbreak with the tainted spinal steroid that led to her lengthy illness.
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Legal challenges of new Ohio execution drug likely

Legal challenges of new Ohio execution drug likely

With the federal government shutdown, officials said regulators from the CDC who oversee compounding facilities are currently not on the job. "It shows why we need our government there in many aspects of our lives," says Dr. William Schaffner with Vanderbilt University's Medical Center.

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State House in Mass to Debate Tougher Pharmacy Regulations October 2nd, 2013


BOSTON (AP) — Massachusetts House lawmakers are planning to debate a bill that would clamp down on compounding pharmacies like the one blamed for a nationwide meningitis outbreak last year.
House lawmakers released the latest version of the bill on Monday and are scheduled to meet in formal session on Wednesday to debate the measure.
It’s not the only legislation aimed at increasing oversight of the pharmacies that mix customized drugs.
The U.S. House on Saturday approved legislation that would give the federal Food and Drug Administration clearer oversight of the pharmacies.
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Question of the Day October 2, 2013 Should the US Senate Decline or Refuse to Vote on the Drug Quality and Security Act which includes federal compounding legislation until the government shutdown issue is resolved?


Jan. 15 Is New Bar Date For Injury Claims Against Bankrupt Compounding Pharmacy


BOSTON - Claimants alleging injury from or contribution by bankrupt compound pharmacy New England Compounding Pharmacy Inc. (NECP) have until Jan. 15 to submit proofs of claims under a Sept. 27 order in the U.S. Bankruptcy Court for the District of Massachusetts (In Re: New England Compounding Pharmacy, Inc., No. 12-19882, D. Mass. Bkcy.).
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Gastroenterology & Endoscopy News - Compounding Recalls Continue, but FDA Slow To Respond

Gastroenterology & Endoscopy News - Compounding Recalls Continue, but FDA Slow To Respond

California Pharmacist Provider Status Bill (SB 493) heads to the governor


California provider status bill heads to governor

California’s pharmacist provider status bill (SB 493) passed the state Assembly in a unanimous vote on September 11. The state Senate completed final approval September 12. Gov. Jerry Brown of California has until October 13 to act on the bill. 
Introduced on February 21 by state Sen. Ed Hernandez, OD (D-24), SB 493 would declare pharmacists as health care providers with the authority to provide health care services.
“We are excited by the Legislature’s action [on September 11] to recognize pharmacists as integral members of the health care team and give them appropriate authorities consistent with their expertise,” Pat Person, BSPharm, President of the California Pharmacists Association (CPhA), said in a statement. “Thanks to Senator Hernandez’s leadership, California’s nearly 40,000 pharmacists stand ready to serve and provide greater access to quality health care.”
“We have high hopes that the governor will sign this important bill,” Jon R. Roth, CAE, CPhA CEO, told Pharmacy Today.
The state Senate approved the bill in May. All organized opposition to the bill was dropped after several amendments were made to the bill addressing some organizations’ concerns. The California Medical Association and other physician groups became “neutral” on the amended version.
The California pharmacist provider status bill is part of a package of bills introduced by Hernandez, an optometrist. Bills for nurse practitioners and optometrists did not pass out of Assembly committees, according to news reports.
SB 493 would authorize all licensed pharmacists to administer drugs and biologics by injection when ordered by a prescriber; provide consultation, training, and education about drug therapy, disease management, and disease prevention; participate in multidisciplinary review of patient progress, including appropriate access to medical records; and order and interpret tests to monitor and manage the efficacy and toxicity of drug therapies, in coordination with the patient’s prescriber. 
SB 493 would also authorize all licensed pharmacists to furnish self-administered hormonal contraceptives under a statewide protocol; furnish travel medications not requiring a diagnosis; furnish prescription-levelnicotine replacement drugs for smoking cessation under a statewide protocol; and administer immunizations to patients 3 years and older without a physician protocol.
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New Bill Would Perpetuate FDA-State Compounding Confusion

By Greg Ryan


Law360, New York (October 01, 2013, 9:47 PM ET) -- A bill aimed at revamping the regulation of compounded drugs is poised to sail through Congress, but attorneys say that by allowing manufacturers to decide whether they want to be overseen by federal or state authorities, the bill fails to clear up the very confusion that prompted its creation.

The legislation, unveiled last week, comes after nearly a year of wrangling in Washington over the best way to strengthen the oversight of compounding pharmacies in the wake of a deadly meningitis outbreak in October 2012. At...
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Alliance for Natural Health Still Urging "Urgent Action" With No time to Lose in contacting Senators and indicates if bill passes they may challenge parts of it in court


On Saturday the compounding bill passed the House by voice vote on motion to suspend the rules. The Senate could vote on it as early as today. URGENT Action Alert!
As we reported last week, the compoundingpharmacy bill we had been warning you about was scrapped because of the outcry from consumers like you. The new bill,HR.3204, the so-called Drug Quality and Security Act, was passed by the House of Representatives in a voice vote.
This means of course that there is no record of anybody’s specific vote. The chances of changing it in the Senate now are very low, but they could take up the bill under unanimous consent and voice vote as soon as today or perhaps tomorrow, so please write your senators one more time—and phone them as well!—because miracles do sometimes happen.
Let’s keep in mind the reasons why this bill, despite numerous improvements, is still so bad:
  • The new bill contains sections that would ban doctors from prescribing compounded nutrients delivered intravenously unless they are on a pre-approved list, have a USP monograph, or are components of FDA-approved drugs. Imagine: your doctor cannot give you an IV containing natural vitamins and minerals unless these ingredients happen to be in some FDA approved drug! Moreover, such IVs are some of the best tools that integrative doctors have.
  • The language about needing to have a USP monograph or being components of FDA-approved drugs came from an old section of the Food, Drug, and Cosmetics Act that had been deemed invalid by federal courts, so in 47 states, physicians have recently had the freedom to prescribe and dispense compounded nutrients of their choice by IV. If the new bill passes, this will become illegal in all 50 states, at least until another legal challenge can be mounted.
  • The bill makes the falsification of a compounded prescription a federal criminal act. The trouble with this is that states are supposed to have jurisdiction over the practice of medicine. This will take the federal government even further into the doctor’s office.
  • Also in this new bill, compounded “copies” of FDA-approved and marketed drugs would still be considered illegal. This would enable drug companies to raise prices on some drugs to astronomical levels.
As the Senate prepares to pass this, these very bad provisions notwithstanding, we should

Victims of tainted drug face long wait for relief Complex process to pay victims of tainted steroids By Todd Wallack | GLOBE STAFF OCTOBER 02, 2013


Within weeks after Dee Morell received a tainted shot to treat arthritis in her left hip in September last year, she knew something was horribly wrong.
The 49-year-old X-ray technician started to feel worse, not better. Walking grew difficult, she needed constant painkillers, and for the past 10 months she has been too weak to work, making it a struggle to pay the mortgage.
But a year after federal investigators traced a nationwide fungal meningitis outbreak to contaminated steroids made by a Massachusetts pharmacy, Morell and hundreds of others who received the drugs are still waiting to find out how much compensation they will collect and when they will receive the money.
“Everything about this is frustrating,” said Morell, who was diagnosed with a hip infection. “It would be of great help if the money was released immediately. I wouldn’t have to worry about losing my home.”
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Lawmakers in the House who sponsored the bill -- including Reps. Morgan Griffith (R-Va.) and Gene Green (D-Texas) -- admitted in statements that the legislation does little to address the issues of office stock and repacking of sterile products.


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Tuesday, October 1, 2013

Iowa Board of Pharmacy List of Nonresident Pharmacies

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Pet Med Outsourcing: PE’s New Doggie Bag: Not only recently but also In 2009 Huntington Capital invested in Eaton Veterinary Pharmaceutical Inc. d/b/a as Roadrunner and estimated the veterinary compounding business to be a $125 million dollar business and growing--so how much money does veterinary compounding bring in these days; and if Eaton was filling 800 to 900 prescriptions a day and shipping them around the country to 9000 nationwide clinics in 2009 (which grew to 11000 in 2012) why isn't Congress dealing with Veterinary compounding in the current legislation?


Attention, investors: there’s a new emerging market.
Veterinary compounding pharmacies. Put simply, they’re outsourced medication pharmacies that compound, or adjust the size and dosage, of drugs for your pets. And it’s caught the attention of one mezzanine firm.
San Diego-based Huntington Capital invested a mezzanine loan in Phoenix-based Eaton Veterinary Pharmaceutical Inc., or Roadrunner Pharmacy, which specializes in compounding back-ordered and discontinued pet medications. Partner Tim Bubnack said the commitment was on the low end of the firm’s typical sweet spot of $1.5 million to $5 million.
“It’s a business that’s grown fairly quickly in a market that’s really emerging right now,” he said. “People want better products for their pets, and they’re willing to pay for them.”
Eaton fills 800 to 900 prescriptions a day and ships them around the country. The company will use the growth capital to expand its sales team and develop of its own assortment of in-house drugs that will undergo tests through clinical trials, Bubnack said. Eaton, founded in 1999, sells to over 9,000 veterinary clinics nationwide.
The market for pet medication compounding is a bit tough to measure as many vets still handle the process themselves, instead of outsourcing, but Huntington estimates it to be approaching $125 million and growing. Bubnack says vets are finding it increasingly difficult and costly to carry large inventories of drugs. “They’re there to treat the animal, not build a business around prescriptions,” Bubnack said.
“They’re moving away from handling that in-house to the outsourcing model.”
The trend has also been propped up by the increasing complexity of pet medications, including modifications for specific breeds, Bubnack said. “The regular off the shelf drug might be right for the cat you have, but maybe not for the pit bull down the street.”
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Another Note of Interest: A consumer researching Eaton Veterinary Pharmaceuticals would not only need to know it does business as Roadrunner ...the consumer would also need to know there are Minority interest owners such as Ampersand Capital Partners



An Edwards Wildman team in Boston represented Ampersand Capital Partners in the May 2012 acquisition of a minority interest in Eaton Veterinary Pharmaceuticals company. Ampersand Capital Partners is aprivate equity firm based in Wellesley, Massachusetts.
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