S&K Pharmacy

Review: To whom it may concern:My name is [redacted] and on the evening of 11/**/2013 I've received a prescription from my PMD to manage a severe toothache, due to grinding my teeth because of severe [redacted]. after checking several pharmacies for availability. All have informed me that this medication is out of stock and it will take at least 5-10 days to order, I decided to wait for the following day during business hours and go to my regular pharmacy located on [redacted]. Upon presenting my prescription to the pharmacist, I was informed that the medicine in in stock and after she verified the prescription with my PMD it would be ready for pick up on 11/**/2013. On friday 11/**/2013 I called the above pharmacy to ask if the medicine is ready to pick up and was told by the female who identified herself as the pharmacist that she is refusing to feel up the prescription. when I asked for a reason I was told that the MD I went to had no reason to prescribe me such medicine and he misdiagnosed me and then I was told that I am a cash paying customer and to top it I was told that this is not a medication for [redacted], I am the pharmacist and this is my discretionary final decision and I will notify the other pharmacists to do the same. upon my request to speak to the manager or the owner and was denied and was hung up on. On sunday 11/**/13 my fianc and I decided to go to the pharmacy and pick up the original prescription so we can go to another pharmacy to have it filled, to air on the side of caution we decided to film the event for our protection since the answers above were very unusual to say the least. I'm an RN and my fianc is a NYC Paramedic, so we found the pharmacies conduct to be rude, misinforming, unprofessional and the pharmacist to act out of the scope of her practice and in violation of my patient rights on more then one account. on 11/**/2012 we entered the pharmacy as we are recording the event, approached the pharmacy counter at the back of store, informed the staff that they are being recorded and asked for the original prescription to be returned to us. it was handed to us without a problem and when we inquired for the reason the prescription wasn't filled, first the pharmacist conditioned to answer only if we stop filming and then, we answered that they are filming us and there is no sign stating we cant film there. at this point the pharmacist asked the other worker behind the counter to call 911. stating that we are harassing them. the pharmacist and all other staff member refused to provide their name for the record. we decided to wait for the police outside, not to disturb the other customers as the staff was insisting us to stay in the store. as we were standing outside by the pharmacy awaiting police arrival, we were approached by 6 police uniformed officers from the [redacted]. and we explained them of what has occurred and offered them to watch the video as evidence. after a short investigation we were sent on our way. the medicine was dispensed to us, as ordered by the MD 15 minutes later by a much friendlier and professional pharmacy.understanding that this is a privet business, are they allowed to refuse service for a verity of reasons, however not for any of the reasons I was rudely provided over the phone. feel deprived of my patines rights and my civil right based on this incident.since when a pharmacist is allowed to overwrite and dismiss the physicians diagnosis and deprive a patient of his/here medications based on an assumption of any kind including profiling the patient by their accent, skin color, religion or any other excuse they find fit.I feel humiliated as a human, as an health care professional and as a patient in need.the video footage is available in my possession and I will be more then happy to provide it to you as evidence. (the file is too large to send by e-mail but I will find a way to hand you a copy if needed).If you need any more information please feel free to contact me at the information listed below, I truly believe that customer service and patient care are paramount to anyone in need. I was denied this care causing me unnecessary pain and suffering.Thank You[redacted]Tel# ###-###-####Desired Settlement: I would like a legal and reasonable explanation to this type of conduct and a place where I can find my rights as a customer using pharmaceutical aid. Thank You.

Business

Response:

My name is [redacted] and I am the owner of S & K Pharmacy. I was very saddened to receive a complaint against my business from a long standing customer like [redacted]. Unfortunately [redacted] fails to understand the nature of my business establishment. I do not simply have a retail store that sells everyday items. I own a NYS licensed pharmacy that is governed by multiple agencies, including National Association of Boards of Pharmacy, NYS Board of Pharmacy and Drug Enforcement Agency to name a few. Each of these agencies has numerous and specific laws and regulations that I and my employees must abide by. Furthermore I can only provide limited information regarding this complaint by [redacted] since I am also bound by HIPPA Privacy Laws not to disclose any personal medical data. However I will certainly do my best to address and resolve this issue. When [redacted] presented her prescription on 11/**/2013 to the pharmacist on duty she was promptly informed that this prescription will need to go thru verification process due to various concerns. First of, the prescription was written for a schedule 2 drug (FYI: highest level of control by the DEA) thus automatically requiring authentication. On top of that it was spelled incorrectly thus raising an alarm on the part of the pharmacist. Since all schedule 2 drugs must be written by physicians qualified to write them and falling within the scope of their practice. For example a psychiatrist is not qualified to write a prescription for pain medication just as a pain management doctor cannot write a prescription for a schedule 2 substance for psychiatric use. This regulation is expressly stated in the DEA pamphlet to prevent controlled substance abuse. Most physicians prescribe a very limited amount of controlled substances which are always limited to their field of practice and therefore we almost never see any spelling mistakes when these substances are prescribed. Another reason why the prescription was under scrutiny was because it was written by a new physician of [redacted] and unfamiliar to our pharmacy. This is another regulation of the DEA, stating that a pharmacy must verify authenticity and appropriateness of any prescription written by a physician unknown to the pharmacist. Usually it is a very quick process which only requires a phone call to the doctor's office and the doctor or his staff providing us with specific information pertaining to that prescription. Unfortunately [redacted] doctor was not available that evening and she was advised to return the following day to pick up her prescription after it has been verified. When we contacted the physician next morning he informed us that this was a new patient to and he had only limited information on her medical history and provided us with a diagnosis completely inconsistent with the medication being prescribed. After further investigation of this physician we realized that he specialized in Infectious Diseases, a field which is usually limited to anti-biotics prescription not controlled substances. At that point a decision was made by the pharmacist that this prescription was being written for inappropriate use based on the diagnosis he provided and was written out of scope of his practice. We never questioned his diagnosis of [redacted] or his qualification as a physician. Based on the strict and concise laws and regulations governing our field of practice this prescription was not valid. As soon as [redacted] called us to see whether her prescription was ready she was informed that our pharmacy would not be filling her prescription as it violates controlled substance laws. At which point [redacted] became extremely agitated and abusive to the pharmacist on duty,accusing her of undermining her physicians judgement ,discrimination and lack of compassion. She proceeded to state that a pharmacist must not let laws and regulations get in the way of patient care. When told that regrettably we do not share this opinion [redacted] asked to speak with the owner. Unfortunately I was not available to speak with her at that moment but relayed the message that I cannot overrule the judgement of the pharmacist and if she has any further questions she can come speak to me personally during my regular working hours. On Sunday 11/**/13 [redacted] and her fiancee came to my pharmacy to pick up her prescription. As she mentions herself the prescription was returned to her promptly and with no incident. However [redacted] proceeded to scream and argue with every member of the staff on duty that day. Once again accusing us of violating her patient rights. I can understand [redacted]'s lack of knowledge of specific laws and regulations requiring us to turn down certain prescription requests. Therefore the pharmacist on duty that day reiterated to her why we were refusing to fill that particular prescription. Nonetheless [redacted] was still unsatisfied with the explanation and continued arguing with the staff members in very loud and abusive manner. When the situation escalated to the point of our other customers being extremely uncomfortable and even anxious, [redacted] and her fiancee were politely asked to leave the premises. Also as she stated herself she was videotaping this unfortunate situation without any particular reason since the prescription was returned to her immediately upon her arrival. When they failed to comply they were made aware that the staff would call police. After [redacted] and her fiancee were were asked numerous times to stop harassing the staff and they failed to comply the police were called in. When police arrived they informed [redacted] and her fiancee that pharmacy has done nothing wrong and they must immediately leave our establishment or they will be arrested. I have been in business for over 10 years and pride myself on offering outstanding service to my community. However on some occasion it is extremely difficult to reconcile being a good businessman and abiding by laws regulating the practice of pharmacy. This was one of such unfortunate events when the law prevails over providing quick and excellent service to all our customers. I also would like to mention that [redacted]'s civil rights were never infringed on and she was not discriminated against based on her sex, race, or religious association. [redacted] was never humiliated by any member of my staff nor was she caused any pain or suffering. Just like [redacted] I believe that customer service and patient care are paramount to any person, however not when it breaks the law!

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

[Your Answer Here]

Good day:

After reading **'s [redacted]'s response, I've decided to address some incorrect and misleading information that was in his response. But before I will begin addressing them one by one, I would like to advise **. [redacted] that I am an RN and well informed of the federal laws and his establishment's responsibility regarding HIPPA, the DOH and all that is regarding his authorized control substance retailer. I truly believe that his establishment's employees should be further educated regarding those laws due to the way they handeled this case.

1. I've changed my PMD, and I don't know of any law that requiers me to inform the owner of S&K Pharmacy of my choice concerning my health care provider.

2. The perscription was written by a Harvard school of medicine graduate and one of the top MD's in NYC. No one had a problem with his "spelling", hanse, It was seen by other Pharmacy's prior to S&K and they didn't have it in stock and upon receiving it back from S&K, It was filled 15 minuets later by a Pharmacy that had it in stock and no one complained that they can't read it.

3. My new PMD is a specialist in the field of infectious diseases BUT he is also practicing internal medicine and the medication prescribed to me wasn't out of his "scope of practice". Please see above regarding further education.

4. After the prescription was verified, and rightfully so, by S&K Pharmacy, the Pharmacy still neglected to provide me an explanation to the origin of their decision of not providing me the medication.

5. Upon entering the Pharmacy my fiancé and I approached the pharmasist and informed them that they are being recorded on video. We asked for the written prescription back and asked politely for an explanation. Yet again, I was rudely ignored.

6. There are no signs that forbidding us to use our camera, and they are using in store cameras to record me, so it is my civil right to video document the incident.

7. I never insulted anyone in S&K Pharmacy by phone or in person. maybe **. [redacted] should start to use a recording line and listen to the way his employees are talking to his "long standing costumers". On that note, being "a cash paying costumer" is not a reason to not fill any prescription or subjecting it to any additional scrutiny . Minding you that S&K Pharmacy denied my prescription health plan when it comes to controlled substances. I'm not sure this is legal, but that is a whole different issue.

8. The medication prescribed to me was desighend to manage severe pain, until a more definitive treatment will be provided. I couldn't find the element of compassion in the manner I was treated and spoken to by the S&K pharmacist.

9. We stepped out of the Pharmacy to await the police outside so we won't disturb the business, since all out requests for a simple explanation were met by a rude and unprofessional attitude. as the video will show, we were asked to stay inside and actually to sit down! It was our choice to step out.

10. As we waited outside, we met the police officers from the 60 PST and explained them of why they were called, a Police officer entered S&K Pharmacy and investigated further. we were NOT, in any way detained or threatened with an arrest. We voluntarily presented our ID and offered the officers to view the video, proving we did nothing illegal and acted within out rights as costumers and citizens. we were asked if we need anything else from the establishment and when we said that we didn't, and the only reason we stayed outside was waiting for them, since they were called, we were free to go on our way. Lucky for me, 15 minuets later I walked into a Pharmacy that had the medication I needed, and without a problem, fast and friendly service, provided me the medication I so urgently needed, excepting my prescription health plan!

11. But MOST IMPORTANTLY! My PMD NEVER provided the pharmacist with any diagnosis!!! **.'s [redacted] claim that his pharmacist saw "a conflict with the diagnosis and the perscription" is not only false but outrageous! and if that is the explanation that **. [redacted]'s pharmacist gave him, maybe he should question the integrety of that specific employee. After all, this employee is trading controlled substances under S&K Pharmacy DOH, HIPPA and the FDA's permission to do so.

In conclusion, the assumption that no "pain and suffering were caused" and that **.s [redacted]'s Pharmacy were acting correctly with no intention to cause harm is incorrect at best. The statement **. [redacted] provided is misleading and self serving. I suffered great physical pain not to mention the emotional distress and not even offered a logical explanation or and apology. All I can add at this point is that my "Cash" will never see **. [redacted]'s pocket and he is more then welcome to watch the video, after all a video is better then a thousand words.

Happy holidays to all and a healthy and pain free year!

yours

In order for the Revdex.com to appropriately process your response, you MUST answer the question above.

Sincerely,

Business

Response:

Dear Sir/Madam,

My name is [redacted] and I am the owner of S & K Pharmacy. I was certainly hoping that this matter would have been settled with my previous response. It is very unfortunate that I am required to keep responding to [redacted]'s letters. I feel that the decision made by me and my pharmacist was a valid decision that did not cause any pain or suffering to [redacted]. I have nothing to add to my letter and just would like to maintain that she was treated professionally and outmost respect by all members of my staff.

Sincerely,

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

[Your Answer Here]dear **. [redacted],

Yet again you chose to ignor my response and the facts I've stated, and responded with a self serving statemans that is no better then " no comment". I find it to be very sad and unprofessional for a business owner, that is obligated to serve the community and binded by more the one federal and municipal laws, to ignor my claims and publicly complain about having to answer to any statements about his staffs wrong doing or at least take a look at the evidence I offered to provide him. I have no choice but to conclude that the problem with the way S&K pharmacy treated me is a much bigger problem and is reflecting on the mener **. [redacted] is conducting his business in general. Sines **. [redacted] is refusing to acknolage any wrong doing and deliberately ignoring the fact that I have a video footage to prove my claims, maybe I should let the public decide.

Good day

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Sincerely,