Heritage Pharmacy case: twelve violations by Esther Kim

Heritage Pharmacy Case Law

Summary of Violations

In case number 4904 the following violations were accused to ESTHER KIM and ALLAN PIWONKA working for INNOVATIVE COMPOUNDING SOLUTIONS, DBA HERITAGE COMPOUNDING PHARMAY from the BOARD OF PHARMACY DEPARTMENT OF CONSUMER AFFAIR STATE OF CALIFORNIA:

In this legal document there are 12 causes for discipline that were discovered by the board investigative processes that took place over the course of several months. The first problem deals with Kim's husband having access to the pharmacy and all the dangerous drugs associated with the storage of these substances. Kim is accused in the second cause for discipline for furnishing dangerous drugs without a prescription.

The third cause for discipline is related to Kim's practice of varying too much from the prescription and issuing unsafe doses of drugs for their customers. This problem originates from the fourth cause for discipline which relates to Kim's writing, filing, compounding, issuing and dispensing false prescriptions. The fifth cause for discipline is also related to the aforementioned issues as well as this cause for discipline was issued for refilling controlled substances more than six months after a prescription was written.

Kim is also accused of submitting false information to CURES regarding the previous behaviors that reflect this problem. The seventh cause for discipline is a more general and less specific offense that accuses Kim of committing an act involving dishonesty, fraud and deceit. To complicate these matters, the board accused Kim in the eighth cause for discipline for making a document that falsely represents the existence of a fact.

Kim and Heritage are also being investigated for a ninth cause for discipline which involves Kim's engaging in conduct that subverts or attempts to subvert a board investigation. The tenth cause for discipline the board has brought to the accused deals with variation from a prescription dealing with issuing the wrong strength. The eleventh cause for discipline relates to Kim's administering drugs by injection. The final cause for discipline suggests that Kim had demonstrated general unprofessional conduct.

Summary of Facts

The facts of this case provide a reasonable motive for wrongdoing by Kim. Kim's husband, who does not work for Heritage has played a very important role in this case in unveiling facts pertinent to this case. Heritage has had a recent history of questionable actions regarding their behaviors and actions. Many of the aforementioned accusations are based on investigative data that has led to the summary of these facts.

The facts of the case denote that Esther J. Kim has been the President and Pharmacist-in-Charge (PIC) of Heritage Pharmacy making her ultimately responsible for the corporate proceedings and assessment of liability for the company. Prior board investigations have revealed that SK, Kim's husband, was illegally acting in the pharmacy itself. The board uncovered facts that revealed that Kim wrote prescriptions for dangerous drugs under a false name of "Dr. Heritage." Many of these controlled substances are considered dangerous and highly sought after in the black market. Follow-up inspections were conducted after the first inspection was completed due to an employee whistleblower who made the accusations towards Kim.

Mitigating Factors

Kim would be wise to continue to be illusive and not comment on any specific reasons that these behaviors were committed. The best legal defense in Kim's case would be to shift the blame to SK in an attempt to keep Heritage operable. Since Kim is a woman, a case could be created which suggests that SK bullied his wife into giving him illegal drugs. This dynamic of the abusive husband may be employed to help lessen the responsibility of Kim.

Another approach that can be used to help mitigate the problem is if an appropriate excuse or reason is provided as to why these drugs were illegally prescribed. Reason can trump illegal behavior with the proper rhetorical devices, and if the board could be convinced that Kim's illegal actions were committed for good reason, she and her company may escape the worst punishment.

Possible Outcomes

It is very likely that Kim will be forced to resign her position due to the numerous violations that were uncovered by the boards investigation. Serious crimes were committed and nefarious actions have been unveiled. Heritage has proven that it will break the law and commit fraudulent acts for personal gains. Heritage's license will most likely be revoked due to the seriousness and scope of these crimes.

Lessons Learned

The temptation that drugs provide for people will often cause them to lose rationale thought. Despite the blatant and obvious disregard for the law, Kim appeared oblivious to the actions that were going on around her. This suggests to me that these types of cases where spouses become involved in their partner's work organization, many problems can and often do arise. The most important lesson to glean from this case study revolves around the idea, that criminals will go to great extents to cover up their crimes, and diligent investigative work is necessary to materialize a just situation.

Another lesson to be learned from this event is honesty. It appears that despite short-term gains, lying cheating and stealing are not practical and useful in the long run. Taking shortcuts can be misconstrued as unethical behavior, but more times than not, it is just willful ignorance and lazy thinking that prevent the Esther Kim's of the world from taking a more proactive and reasonable response to her problems. Sanctioning MS. Kim would not be enough, and punishment is most likely due for this type of action. The drug trade is very sacred and important in our world today, and when the system is abused or misused, many suffer from the consequences. This lesson learned suggests that leaders need to be more thoughtful and idealistic than simply focusing on materialistic goals that seek to gain profits for profits sake. The drug industry is about healing and helping others, making the behavior in this case that much more alarming. Perhaps a new system may be created out of the ashes of this one, once the ability to make profits off others sickness becomes unrealistic.