Great! Just received a letter from California BOP

[Shakeitfast]

I was a PIC at CVS for 7 years and changed jobs to float at a supermarket pharmacy a few months ago. In the mail today a letter from the Board. Im not due for renewal so I was thinking the worst. Apparently the board still thinks I am employed (and PIC) of my old store and wasn't too happy when an auditor came in for a visit, only to discover I left 6 months ago. Great

Now the investigator is after me for not giving written notice within 30 days of leaving. I did send a generic written letter with my information on it (didn't send it certified mail) after leaving, but when looking closer today saw that there might be an official form for me and CVS to fill out with a $100 fee to change.

Anybody on the board have any experience with this and the "proper" way to leave a PIC position? CVS bends over backward to help you get into the PIC position and doesn't say a word about properly leaving as your working through the 2 week notice.

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Members don't see this ad.

 

[Sine Cura]

I'm not on the board but that form is supposed to be completed by both the new PIC and the old PIC.

This is basic stuff... your former boss is negligent, possibly willfully (wanted to keep you on the hook because he couldn't find a replacement?)

How to protect yourself if your boss won't cooperate... very good question for the board inspector.

 

[farmadiazepine]

Just call them and tell them a letter was mailed to them 6 months ago and the employer agreed. Now if they have an issue with it, ask them what they want you to do, but tell them you are not paying any fee because you informed them already. It's been 6 months.

 

[doublehh03]

At CVS this is all done by your sup. They jsut need your signatures (usually they will bring it by to you to sign it). This is negligence on your sup, not you.

 

[Rukn]

Pharmacy supervisor handles all legal matters

 

[lane one]

Can we get a STAT RxSup consult from Nate?

 

[lord999]

Depending if you're going to retain counsel if you have malpractice insurance, I'd wait until they get their advice (and this is a reason to consult), but I've found in general that being completely candid and truthful both as soon as possible with the right degree of humility works with CA Board (as well as the AZ board) for administrative issues. I would agree that you should say that a generic letter is sent (and you're probably going to get chewed out by the board in writing or in person for not taking the required steps to properly transfer PIC or declare that you are no longer the PIC when there isn't a replacement (don't do this again chewout), but I doubt they'll take permanent action).

I disagree about the idea of the RxS being responsible. You're professionally responsible with your license for practicing in a legal manner and if you are the PIC, you have to watch for those things especially (that's why the MPJE exists). If you say that in front of the board inspector, you're probably going to get something more permanent like retake the MPJE or so to reprove your competency to practice in a legal manner. And to the others, don't expect your company to bail you out of messes. Why do you thing there are all those cases "v CVS" and "v CRW dba Walgreens Co." that exist?

This is not a big problem, just treat the Board with the proper respect and I'm sure they'll let you off with a warning or a chewout. If the probation your license (worst possible penalty due to precedent), you should out that pharmacy as not having a proper PIC and under supervision by an RPh there.

 

[Shakeitfast]

Appreciate the replies so far, I am in the process of writing my statement and submitting documentation (nothing to provide there really). Trying to stay humble, we will see what happens.

 

[BidingMyTime]

I disagree about the idea of the RxS being responsible.

I completely agree. An RxS doesn't have any legal responsibility to the state, the PIC does.

 

[owlegrad]

Yeah, I have to echo the above. Why on earth would you trust the RxS to file any paperwork? Do it yourself and know it is done right by the person responsible for doing it (per the board).

Having said that, is there anyway to check this I wonder? Now I am curious if I might be listed as a PIC at one of my old CVS', lol.

 

[FarmD711]

In my state the license verification website lists any pharmacies you are listed as the PIC for so you can check that the board has removed the listing.


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[Shakeitfast]

So.....

4113(d) "Every pharmacy shall notify the board in writing, on a form designed by the board, within 30 days of the date when a pharmacist-in-charge ceases to act as the pharmacist-in-charge, and shall on the same form propose another pharmacist to take over as the pharmacist-in-charge"

and.....

4101.(a) A pharmacist may take charge of and act as the pharmacist-in-charge of a pharmacy upon application by the pharmacy and approval by the board. A pharmacist-in-charge who ceases to act
as the pharmacist-in-charge of the pharmacy shall notify the board in
writing within 30 days of the date of that change in status.

Wish there was an "official" form for the PIC to submit to the board like the store has to do. The DM was blaming my old staff Rph for not completing it. Its a mess. Weird to think I was legally responsible for that store the last 7 months! I will see how the chips fall, I hope my license doesn't get put on probation. Be careful out there ladies and gentlemen and protect that license.

 

[Sine Cura]

Your supervisor was counting on this... Assume your boss is an unethical piece of garbage until proven otherwise.

If anything, the BOP will just say notification of termination should have been done using the official change in PIC form. You have to sign this form too and it effectively functions as notification of your ceasing to act as PIC.

It is a legal requirement to name a new PIC or at least an interim PIC (this has to be someone who works at that store regularly). If you declare you stop being PIC, are you still liable for naming a new PIC or the owner? This is where CVS wants to **** you over.

I would have submitted the change of PIC form and leave the new PIC info blank if my boss would not cooperate in naming a new PIC. How can you be liable for a pharmacy if you no longer work for the owner?

I feel for you as I was in a similar situation except in AZ there is no requirement to fill out an official change in PIC form. I have even done AZ license renewal and stated I do not freakin' work in Arizona anymore, along with notifying the board previously. I refuse to be held hostage by CVS. If anything, your sup should be terminated if there is no actual PIC at your store (?!?!?!) but how likely is that to happen?

 

[confettiflyer]

So.....

4113(d) "Every pharmacy shall notify the board in writing, on a form designed by the board, within 30 days of the date when a pharmacist-in-charge ceases to act as the pharmacist-in-charge, and shall on the same form propose another pharmacist to take over as the pharmacist-in-charge"

and.....

4101.(a) A pharmacist may take charge of and act as the pharmacist-in-charge of a pharmacy upon application by the pharmacy and approval by the board. A pharmacist-in-charge who ceases to act
as the pharmacist-in-charge of the pharmacy shall notify the board in
writing within 30 days of the date of that change in status.

Wish there was an "official" form for the PIC to submit to the board like the store has to do. The DM was blaming my old staff Rph for not completing it. Its a mess. Weird to think I was legally responsible for that store the last 7 months! I will see how the chips fall, I hope my license doesn't get put on probation. Be careful out there ladies and gentlemen and protect that license.

http://www.pharmacy.ca.gov/forms/change_of_pic.pdf

I think your signature would go on the bottom (the PIC being replaced).

 

[confettiflyer]

Anybody on the board have any experience with this and the "proper" way to leave a PIC position?

I did an in depth search for you on the CA BOP website and was unable to find a "citation only" case and I do not believe these are prosecuted and heard in front of an administrative law judge. Only cases of diversion or other major malfeasance that incorporated citations for failure to disassociate as PIC (or prior citation, see Case #4443) were found in order to determine or augment the level of discipline on the major points of the case.

I did find this reference here, quoted in full for you (Case #4983):

"On or about June 30, 2010, the Board issued administrative Citation No. CI 2009 44940 against Respondent Boyer, who failed to notify the Board of Save-Rite's termination of business, in violation of California Code of Regulations, title 16, section 1708.2, and failed to designate a PIC within 120 days of February 23,2009, when the former PIC of Save-Rite disassociated, in violation of Section 4113 and California Code of Regulations, title 16, section 1709.1, subdivision (e). No fine was issued with this citation."

Ultimately, it falls back to Article 20:

"4321. Penalties: Misdemeanors; Infractions (a) Any person who knowingly violates any of the provisions of this chapter, when no other penalty is provided, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than two hundred dollars ($200), and not more than two thousand dollars ($2,000), or by imprisonment of not less than 30 days nor exceeding six months, or by both that fine and imprisonment. (b) In all other instances, any person who violates any of the provisions of this chapter, when no other penalty is provided, is guilty of an infraction, and upon conviction thereof may be punished by a fine not to exceed one thousand dollars ($1,000)."

This is an infraction through and through, your worst case scenario is a citation + $1000 fine. Based on another case I saw (Case #4334), it's probably going to be $250-$500 fine given the infractions and fines listed on page 6 (for example, failure to document medication errors, B&P Section 4125, resulted in a $250 fine + citation).

Just be glad there wasn't any major diversion discovered during your phantom tenure, or else you would be named in a case as a defendant and would need to spend time/$$ sorting that out in a hearing. Ideally you get out of this with just a citation and zero fine.

Hope this helps somewhat. Please note that I am not a licensed attorney and this post does not constitute legal advice or establish an attorney-client relationship, you are advised to consult a licensed attorney in your jurisdiction if you have any specific questions.

 

[BidingMyTime]

Having said that, is there anyway to check this I wonder? Now I am curious if I might be listed as a PIC at one of my old CVS', lol.

Haha, yeah, I have to admit, when I was young and dumb, I was once PIC, and I never checked to see if the paperwork was filed after no longer being PIC. I had temporarily taken over as PIC over my hospital's retail pharmacy, when the current PIC had been fired. And I did sign all the appropriate paperwork when going back to the hospital part, and I was still with the same corporation so I expected, but being older and more suspicious now, I probably would follow up and make sure the paperwork was actually filed.