On Wednesday, a Board of Pharmacy representative said Madison Avenue Pharmacy had met some of the board’s requirements, but not others, and that a state notice “to take disciplinary action against licensee” was issued on Nov. 8. The notice gave the pharmacy 30 days to request a hearing.
The listed violations in the February hearing documents included inventory discrepancies dating to 2021, such as a shortage of more than 10,000 oxycodone/hydrocodone tablets, drug security issues, improper sale of syringes and other claims.
Juergens told the News-Sun on Wednesday that the pharmacy “strongly objects to the findings” of the Board of Pharmacy, adding that the issues had “nothing to do” with his decision to retire after 40 years. He said his lawyer had filed an appeal.
“It has nothing to with any of the decisions I made. I am where I am because that’s where I wanted to be,” Juergens said.
Cameron McNamee, the Board of Pharmacy’s director of policy and communications, confirmed Wednesday that Juergens had appealed the board’s early 2024 orders. He said a decision on the appeal had not yet been rendered, but that the board had moved forward with the notice to take disciplinary action.
The independent Madison Avenue Pharmacy, which started operations in 1910, announced on Tuesday that it would close Nov. 25 following the retirement of owner Eric Juergens. The pharmacy said it would transfer prescription records to the Kroger pharmacy on Bechtle Avenue “to ensure seamless continuity of care.”
Credit: Bill Lackey
Credit: Bill Lackey
In several inspections of the pharmacy, the state board said it found multiple discrepancies including overages and shortages of several controlled substances including hydrocodone, oxycodone, oxycontin and diazepam.
The board alleged that from October 2022 to October 2024, Madison Avenue Pharmacy did not run required Ohio Automated Rx Reporting System reports, including failing to request and review reports for 37 of the 42 patients the state checked, before it distributed a new or different controlled substance or a drug containing gabapentin or during the preceding 12 months.
Ohio law requires a pharmacist to request and review an OARRS report if a patient adds a new or different controlled substance, “dangerous drug” or drug containing gabapentin to their therapy that was not previously included and an OARRS report was not reviewed for the patient in the preceding 12 months, according to the citation.
In the Board of Pharmacy’s Feb. 5-7 hearing on the cases against Madison Avenue Pharmacy and Juergens, the pharmacy was ordered to designate a new “responsible person,” who makes sure requirements for the terminal distributor of dangerous drugs license are met, within 30 days. They were also ordered to hire a board-approved consulting pharmacist who would then have to submit a report to the Board within 90 days, followed by quarterly reports.
McNamee, from the state board, said Wednesday that the pharmacy did designate a new “responsible person” March 25, but that “to the Board’s knowledge, Madison Avenue has not hired a consulting pharmacist (and) the Board has not received any consulting pharmacist reports.”
In February, Juergens received a license reprimand, was ordered to complete six hours of continuing education within six months and was told he could not serve a pharmacy as responsible person for two years.
Credit: Bill Lackey
Credit: Bill Lackey
According to board meeting minutes, Juergens said in January 2022 following an audit that he “was not aware of any theft or significant loss of drugs, so no loss report was filed.” He said that the data in the report “was deficient due to unavailable records or software errors.”
The state report mentions the pharmacy in some years had failed to complete an annual drug inventory report.
Juergens reportedly told a board agent in September 2022 that discovered discrepancies were “acceptable in the operation of the type and size of Madison Avenue Pharmacy.”
When the News-Sun first spoke with Juergens about his retirement earlier this week, he thanked the community for its support.
“It’s the people. the community, that have believed in us and our services for all these years that made it possible,” Juergens said. “It’s really a giant ‘Thank you’ to the Springfield and Clark County community for getting us to where we are. If nobody comes, you don’t have a viable business, but everyone’s come and everyone’s believed in us and trusted us.”
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