Florida Big-Box Pharmacy Managers Facing Criminal Allegations for Inventory Discrepancies

If you’re a Florida pharmacist working with large-scale commercial retail pharmacies, you’d best be on alert: Recently, there has been a disturbing trend regarding pharmacists employed in certain national chain pharmacies.

As a pharmacist, you are charged with the inventory and count of the medications in the pharmacy. All too often, the scanners used in inventorying medication fail to properly read or scan the bottles, creating the requirement of manually entering in the medication into the pharmacy’s computer system. This can lead to discrepancies in the inventory, and that can raise red flags with your company’s loss prevention department.

From that point, an individual pharmacist is singled out by the company’s loss prevention agents. These same agents will then attempt to blame all inventory discrepancies on that one pharmacist.

This is where the nightmare begins.

Loss prevention will then claim these discrepancies as diversion or theft by a single pharmacist. The tactics used by loss prevention in convincing an innocent, well-intentioned pharmacist can have catastrophic and life-altering consequences.

Loss prevention may attempt to pull a pharmacist’s E-FORCSE to determine whether the medication missing in the inventory has previously been prescribed to that pharmacist.

That tactic is illegal. Per Florida Statute §893.055(7)(b), access to a person’s E-FORCSE is designated for prescription drug program management only. It is a third-degree felony to obtain an individual’s E-FORCSE when it is not related to a patient’s care. Also, if loss prevention asks you to pull another employee’s E-FORCSE, you can also be charged with a third-degree felony.

Additionally, loss prevention, or its agents, may try to contact your personal doctor directly to inquire to your medications to determine if they are valid. This is also a violation of your right to have your medical history remain confidential under HIPAA.

Armed with this knowledge, loss prevention will then take the pharmacist in question into a back room and question them for hours regarding the loss of medication. These questions often start very casual and friendly, but they can take an ugly turn quickly if the pharmacist does not admit to stealing the medication.

Loss prevention will then coerce the well-intentioned pharmacist into singing a written confession of diversion with promises of keeping their job and/or professional license.

Do not sign this confession. Otherwise, the police will be called immediately after and the store will press criminal charges. Furthermore, these actions constitute false-imprisonment by loss-prevention, under Florida Statute §812.015(3)(a)

If a merchant suspects you of theft, they are required to detain you in a reasonable time and in a reasonable manner, and immediately contact police after you have been taken into custody.

If you find yourself in a similar scenario, inquire as to whether you are free to leave. If you are not, ask whether and when the police have been called.

Your next step is to say nothing and to call the Florida health care lawyers at Chapman Law Group. Failure to do so can lead to the emergency suspension of your professional license and potential criminal charges. 

Our Florida health care attorneys serve pharmacists across the state (Miami, Tampa, Jacksonville, Orlando and West Palm Beach and surrounding communities). Contact us today to learn what we can do for you.

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Jonathan Meltz

Senior Attorney

Healthcare-Based Criminal Law, Healthcare Fraud Defense

Miami Office
701 Waterford Way, Suite 340
Miami, FL 33126

Phone: (305) 712-7177

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