Officials Unjustly Destroying Small Pharmacy sign now


My name is Stan Smith and I own and operate Stan's Pharmacy here in Baxley, Ga. My wife, Maryann, also works with me. Below I will describe our plight, which has brought us to the point of needing to ask for help. We never in our wildest dreams thought that we would be pushed by a situation to the point that we needed to do this but we are truly desperate at this point.

Let me begin by apologizing for arranging this in story form, but this seems to be the best way. I will make every effort to be as brief as possible.

This all started in July of 2001 when a pharmacist came to me and told me that he had finished serving time for fraud that he had been convicted of in 1996. He was trying to obtain his license and return to society as a productive pharmacist. He stated that the Board of Pharmacy was guiding him in the process and having him go through the proper processes and channels. He said he would have to work in a nonprofessional position for awhile and that we would need to turn his hours in weekly so that he could meet the requirement of the board that he work so many hours as an intern to retrain and re-obtain the skills that had not been used in awhile. The State Board of Pharmacy confirmed this for me.

I did not have an opening at my store for an intern or any other employee for that matter. I thought the matter over and decided that as long as hiring the pharmacist was legal, and the board would be knowledgeable of the situation, I would make an effort to be a Good Samaritan and help this person who, I thought, had basically paid his debt to society and was trying to re-enter society in the correct manner.

So I hired the pharmacist and he began working in the intern position and I duly reported his hours to the state board and did all the things that I was required to do by the board. It appeared that the pharmacist would have to work 1000 hours before being considered. So he worked, and eventually completed the hours and went back to the board to petition for his license and received his license in late 2002. He began working for a pharmacy in McRae, Georgia.

I was happy that this pharmacist had been able to obtain his license and I asked him to do some relief work for me a day or two a week when he wasnt at his full time job and this arrangement continued until February 28th, 2004. I was sending quarterly reports in to the State Board of Pharmacy at their request and providing any other thing that they needed from me and felt that the board would notify me of any problems that might arise or any other requirements concerning this pharmacist.

On about February 23rd, 2004 I received a letter from the Department of Community Health better known as Medicaid in our neck of the woods, and they requested information on the pharmacist. I thought perhaps I was supposed to be sending them a quarterly report also or something and someone had neglected to tell me. So I sent a certified letter to the state board asking them if I perhaps misunderstood something that I was supposed to be doing. I never received a call or reply in regards to this letter to this day. I also sent a letter to Medicaid explaining my relationship with the pharmacist and the board and asked them to let me know anything that I needed to be doing in addition to what the board had required of me. I have not yet received a reply to this letter either.

In the meantime, the pharmacist came to me and said that he would stop doing relief work until this was settled. He was going to try to find out what the problem was and would return to work after that. I argued with him that he should continue to work because he had his license and there were no restrictions on it other than having to have evaluations sent in quarterly to the board of pharmacy, which I was doing faithfully. He declined because of his uncertainty about the problem.

Then I received a letter 5 months later dated July 27, 2004 from Medicaid with more questions about the pharmacist and wishing to come to my pharmacy. At this time I called Medicaid and asked what it was about and to welcome them to come anytime. They told me that they were performing a review and that they would come to my pharmacy on the day of our appointment and give me more information then.

I sensed that something was terribly wrong so I called the Georgia Pharmacy Association and spoke with the Executive Vice President of the association. This gentleman got to the bottom of it and told me he would be there with me on the day they came for the review. At this time I learned that I was being accused of hiring someone whose name appeared on an exclusion list. The pharmacist was on a list of people who are not allowed to fill Medicaid prescriptions. I had not been informed of this and had never heard of this list. Neither had the State Board of Pharmacy, nor any pharmacist in Georgia, nor any pharmacist in the NATION as far as we have been able to determine. According to my attorney, my case is the first instance of this obscure regulation ever being enforced in the history of the United States. Even Medicaid employees who conduct seminars across the United States to train pharmacists how to be prepared for Medicaid audits had never heard of this regulation. So I was not surprised that I hadnt either.

However, I was assessed $400,227.67 for my lack of knowledge of this regulation. Nearly 1/2 million dollars. The fine that the pharmacist paid for committing the original crime was $65,000.00. My fine was over six TIMES the amount of the pharmacists fine for committing fraud, and I was only guilty of being ignorant of a regulation that my State Board was unaware even existed. All of this is proven without any argument. No one knew of this regulation. And no one denies that this is the situation.

My displeasure with this accusation was such that I immediately vowed to go on a hunger strike on the doorsteps of the capital until someone who could do something about this injustice would hear my story. I had no intention of paying ANY money because I had done nothing wrong and I had never committed a crime of any kind. I had no way of knowing that I was not supposed to hire this pharmacist.

I asked the Medicaid department what motive on earth could I have possibly had to hire the pharmacist and spend my money to work him unneeded as an intern and have no gain of any kind from this act? I was doing it to try to be a good citizen and a Good Samaritan for this gentleman who was asking for my help. There was no earthly reward for helping him. I just agreed to help him and it seemed to be the Christian thing to do and he went to work. That was my one and ONLY reason for hiring him and seeing him through this procedure with the board of pharmacy. There was nothing for me to gain materially. NOTHING. And that is where we are today with this issue unresolved and Medicaid at the brink of taking this money from a man who does not have it and whose business will be destroyed because of it. The wolf is truly at the door, and my wife and I do not know where to turn.

I have been constantly worried about this issue since it all began in February 2004, and I have been practically sleepless since May 14th, 2006, when I learned that Medicaid wanted enough money from me to easily destroy my business. This burden has caused my wife and I extreme stress and health problems, concern for our 11 employees who stand to lose their jobs, and I have been pushed to the point of going on a hunger strike at the capital. We have spent $25,000.00 in attorney fees with quotes of $100-200 thousand more, and we have prayed about this situation daily. Now we are reaching out for help from our friends. Will you please sign our petition asking for a higher level and non-biased review of our grievance? We would be eternally grateful. We are not asking for money, only your signature, support and prayers.

We have the petition at our store and it is basically the same as this letter. I am hoping to take the signatures of as many honest citizens as I can when I go to the capital on October 23rd to begin my hunger strike. This doesnt happen to law-abiding citizens, does it?

I know this nightmare will end somehow, some way. With our friends support perhaps we can get our grievance before an impartial judge and jury in the near future before our small business is destroyed. Please remember us in your prayers and we will inform you of the outcome, whatever it may be.

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Goal reached !
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Latest Signatures

  • 28 December 2015485. April W
    I support this petition
  • 22 December 2015484. Mia K
    I support this petition
  • 12 December 2015483. Michelle M
    I support this petition
  • 06 December 2015482. Christina G
    I support this petition
  • 04 December 2015481. Cecil W
    I support this petition
  • 26 November 2015480. Keven C
    i have been using stan's pharmacy for five years now, great people to deal with. City, State baxley,ga
  • 16 November 2015479. Robin W
    I support this petition
  • 07 November 2015478. Debra C
    I support this petition
  • 31 October 2015477. Fannie Je
    This is ridiculous -- leave the poor people alone. City, State Tifton, GA
  • 15 October 2015476. Debbie S
    I support this petition
  • 14 October 2015475. Edna T
    В City, State Olney, MD (formerly Baxley, GA)
  • 20 September 2015474. Kimberly L
    I support this petition
  • 19 September 2015473. Claudia Aycockm
    How can we destroy "good Samaritans" this way? City, State Virginia Beach VA
  • 16 September 2015472. Mary W
    This has been an emotional rollercoaster for us all. Please pray for God's will be done. We all need our jobs. City, State Baxley, Ga
  • 28 August 2015471. Candi A
    I support this petition
  • 05 August 2015470. Ann P
    I support this petition
  • 23 July 2015469. Diana T
    I support this petition
  • 19 July 2015468. Tonia S
    I will be praying for you! City, State Dublin, GA
  • 14 July 2015467. Jj H
    You're in our prayers, Mr. Smith. City, State Cordele, GA
  • 13 July 2015466. Kristy Acevedo
    I support this petition
  • 27 June 2015465. Robin S
    I support this petition
  • 10 June 2015464. Erica C
    I support this petition
  • 25 May 2015463. Sally B
    I support this petition
  • 13 May 2015462. James Jimwshawpharmda
    This is a time the GPhA and all pharmacists' and the State Board of Pharmacy should intervene and see what went terribly wrong here. I know of tthis man' s reputation in the pharmacy circles and Gov. Perdue, please intervene in this and let this man and h
  • 12 May 2015461. Denise C
    I support this petition
  • 12 May 2015460. Jimmy W
    very unfair City, State hazlehurst,ga.
  • 09 May 2015459. Beth H
    I support this petition

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Matilda JacobsonBy:
Petition target:
Georgia Congress, Governor Sonny Perdue


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