Independent Auburn Pharmacy Targeted for Destruction by Board of Pharmacy and EAMC

Boiling points have been reached recently in a startling conflux of corrupt overreach by the Alabama Board of Pharmacy, the predatory pursuit of a Lee County drug monopoly by East Alabama Medical Center and political ambitions in the City of Opelika. Ground zero for the dark forces driving Alabama's economic decline and toxifying its body politic has strangely enough become an independent pharmacy plainly named "The Drug Store". Formerly co-owned by Lisa Hill Leonard and her husband Craig and located on North Dean Road in Auburn, this nexus point of Alabama's authoritarian DNA merged with corporate greed has plagued a small business for nearly twenty years and become enough of an embarrassment to Lee County to merit a lawsuit in federal court as well as statewide media scrutiny.

Context is provided in a 2022 court document for the case Lisa Hill Leonard, et al v. The Alabama State Board of Pharmacy, et al;

On July 24, 2020, Charles "Chuck" Beams called The Drug Store purporting to be a potential customer who needed an antibody test. Mr. Beams is a pharmacist employed by East Alabama Medical Center ("EAMC"), which was also offering COVID-19 antibody tests. Mr. Beams spoke to JoAnna Taylor, one of The Drug Store's pharmacy technicians. Ultimately Ms. Taylor told Mr. Beams to wait to take the test.

On July 27, 2020, Mr. Beams called The Drug Store twice. The first time, he spoke to Mrs. Leonard, who also told him to wait to take the test. Mr. Beams called back a short while later. He first asked to speak to JoAnna Taylor and then to Craig Leonard. Mr. Beams and Mr. Leonard spoke briefly, and then Mr. Beams again spoke to Mrs. Leonard. In this final call, Mr. Beams identified himself for the first time as an EAMC pharmacist. He allegedly stated he had heard that The Drug Store's antibody test contradicted the results of EAMC's antibody test, which "was causing muddy waters." (Doc. 45 at 29, para. 71). Mr. Beams also allegedly stated that EAMC's test was " ‘the word of God’ and that EAMC was potentially eligible for awards and funding for its work." ( Id. ). Mr. Beams allegedly told Mrs. Leonard to stop administering antibody tests at The Drug Store and further stated that she had not heard the end of "this."

The same day (July 27, 2020), Mr. Beams emailed the Alabama Department of Public Health, the Alabama Hospital Association, and the Board's executive secretary, Donna Yeatman, with the subject line "EAMC—Help with COVID testing concerns." (Id. at 30, para. 72). According to the email, which is attached to the amended complaint, EAMC ran a COVID-19 call center that received an average of 750 calls per day. In the email, Mr. Beams stated that numerous patients had called EAMC's call center "confused" after receiving results from The Drug Store's antibody test. Mr. Beams further stated that "we feel quite certain that many are going to [The Drug Store] to receive ‘the COVID test’ not knowing that the test is not conclusive for active infection." (Doc. 45-15 at 2).

From July 28 to August 7, 2020, Mr. Beams exchanged emails with Sean Malloy, one of the Board's investigators. In one email, Mr. Beams relayed that EAMC had received emails from patients saying that The Drug Store staff were discrediting EAMC's COVID-19 testing procedures as well as the procedures of local pediatricians. Additionally, in response to Mr. Beams’ request for an update, Mr. Malloy wrote: "If all goes the way we plan, then I believe we will stop any further issues from The Drug Store." (Doc. 45-19).

On July 28, 2020, Board investigator Glenn Wells called Lisa Leonard regarding the antibody testing complaint from Mr. Beams. The amended complaint does not allege the substance of this conversation. However, the amended complaint explains that this was not the first encounter between Mr. Wells and Mrs. Leonard. In 2005, Mr. Wells visited The Drug Store to investigate another matter. During that investigation, Mr. Wells and Mrs. Leonard had an interaction wherein Ms. Leonard claimed that Mr. Wells pulled a gun on her, while Mr. Wells denied doing so.

On August 26, 2020, Mr. Malloy and Mr. Wells appeared at The Drug Store unannounced. According to the amended complaint, Mr. Wells asserted that the tests administered by The Drug Store were inaccurate on the same grounds as Mr. Beams. Mr. Wells gave Mrs. Leonard copies of guidance on antibody tests. Neither Mr. Malloy nor Mr. Wells instructed Mrs. Leonard to stop administering antibody tests.

On September 2, 2020, Lisa Leonard and two employees of The Drug Store met with the Board. On September 4, 2020, The Drug Store stopped administering COVID-19 antibody tests "without having been directed or ordered to do so by the Board, but because of the intimidation, threatening actions, and bullying by the Board's investigators and staff." (Doc. 45 at 35, para. 83).

On September 23, 2020, Board investigator Mark Delk visited The Drug Store and asked Lisa and Craig Leonard to provide handwritten statements regarding the 2005 incident wherein Mr. Wells allegedly pulled a gun. Believing they had no choice, the Leonards provided the requested statements, but they were not allowed to make copies nor were given copies. The Board, its investigators, and its counsel knew that the Leonards and The Drug Store were represented by counsel at the time.

The Plaintiffs also allege that, at some unspecified time, at least two individuals believed to be immediate relatives of Board members received COVID-19 antibody tests at The Drug Store. The Plaintiffs further allege that the familial relationship between the Board and these potential witnesses suggests the appearance of impropriety and/or bias on the part of the Board.

AL.com:

A disciplinary hearing against an Auburn pharmacist who tested nearly 6,000 people for COVID antibodies early in the pandemic will move forward. An appeals court this week ruled that federal protections shouldn’t stop the state’s case against the pharmacist.

Lisa Leonard, a pharmacist who co-owns the Drug Store in Auburn, asked federal courts to stop a 2021 hearing by the Alabama State Board of Pharmacy. She claimed that the federal Public Readiness and Emergency Preparedness (PREP) Act shielded her because she was providing pandemic testing.

Leonard began offering antibody tests at the end of April 2020 and tested more than 5,900 people by September, according to court documents. Officials with the Alabama Board of Pharmacy accused Leonard of misrepresenting the value of the antibody tests, improperly disposing of used needles and failing to use personal protective equipment. Leonard argued that the federal PREP Act, which protects providers and vaccine manufacturers from lawsuits during public health emergencies, should block the state’s action.

It is not Leonard’s first run-in with the Alabama State Board of Pharmacy. In 2006, the board imposed $9,000 in fines and five years’ license probation on Leonard and her husband in a case that involved dispensing drugs without valid prescriptions.

The investigation in the 2006 case became extremely heated. According to court documents, the Leonards called the police on an investigator for the board of pharmacy. Leonard claimed board investigator Glenn Wells pulled a gun on her, although Wells denied doing it. He was also involved in the COVID testing investigation, which Leonard claimed was improper.

Leonard also alleged the 2020 COVID test investigation began when another Auburn-area pharmacist lodged a complaint with the board. The complainant worked for a pharmacy that also offered COVID antibody tests and wanted to limit competition from the Drug Store, court documents said.

“The plaintiffs allege that the Board’s intent in bringing the charges and pursuing the hearing is to drive the plaintiffs out of the market to allow ‘favored entities’ to absorb The Drug Store’s market share,” the lawsuit said. “They also allege that the Board’s charges have anticompetitive effects on the market by reducing citizens’ access to COVID-19 antibody testing, decreasing access to information, and decreasing the availability of antibody testing, which increases the cost.”

A pharmacist with East Alabama Medical Center reached out to the board of pharmacy after patients called confused about the results of the Drug Store’s antibody tests, the lawsuit said. On Sept. 4, 2020, staff at the Drug Store stopped doing COVID-19 antibody tests because of “intimidation, threatening actions, and bullying” by board investigators.

For most regular folks in Alabama, the Board of Pharmacy is an unknown quantity. So, what kind of reputation do they have? Here are a few recent headlines chronicling their exploits to help fill you in.

Well, that about answers that question. How about this Chuck Beams character and the EAMC connection?

Mr. Beams runs the EAMC pharmacy and is fixin' to boss up in his run for a seat on the Opelika City Council. Isn't he just a big mule on a small ranch? Working surreptitiously as a front man for the downtown Birmingham medical mafia at EAMC by partnering up with the slimeballs at the Board of Pharmacy to destroy a small business independent pharmacy in Auburn really is a feather in his dunce cap. Beams becoming a made man in the blue cross cosa nostra sure does have its rewards, woe unto any brave soul who might have the courage to run against this corporate shill in what is sure to be a rigged contest to coronate another government goon in the halls of local government. With friends in high places like good ol' Chucky boy, who needs enemies? Not the Drug Store in Auburn, that is sure enough.