Community responds with support after City Drug ordered to close

CHEYENNE — More than 100 community members packed a meeting room in the Wyoming State Capitol Extension on Wednesday in support of City Drug, one of Cheyenne’s two independent pharmacies.

An investigation earlier this year led to an order for the downtown business to close its doors, and employees may lose their pharmaceutical licenses.

Last week, Wyoming’s Board of Pharmacy held an emergency meeting to order the pharmacy to cease dispensing of prescriptions for hospice patients and wrap up prescriptions in its queue by Sept. 26. City Drug was ordered to wrap up any outstanding business by Oct. 10.

Many attendees said they were informed by investigators from the Board of Pharmacy that they would be allowed to provide public comment at Wednesday’s meeting, but were shocked to be denied the opportunity to comment when they arrived.

“Today’s meeting is not a hearing on the suspension of City Drug’s pharmacy license, considering comments and evidence outside the contested case hearing would be inappropriate or improper because it could have due influence on the board members,” said Board President Brenda Upton. “This is a pending matter and an active investigation. The order summary, suspending City Drug’s license, is not a final order, and City Drug has a right to a contested case hearing.”

It is unclear when the investigation will be complete and when the community will be able to formally submit public comment, but those attending offered passionate testimonials in support of the local pharmacy nonetheless.

The second item on the meeting agenda amended the suspension of the pharmacy license of Kelsey James, the owner of City Drug, to clarify dates for when business needs to conclude at the local pharmacy and was briefly discussed by the board.

Board members continued with discussing the following items on the agenda and took a 10-minute break about 40 minutes into the meeting. At this point, community members expressed their feelings toward the board, stating that they are failing at their job and failing the community.

“Your job is to hear our voice,” one attendee shouted.

“We pay you to sit there and listen to us,” another added.

Community members waved signs that read “Save City Drug,” “Targeting small pharm” and “Hospice patients need City Drug!” as the board members left the room.

Cheyenne community members

Cheyenne community members gather in the Capitol Extension for the Board of Pharmacy meeting on Wednesday in Cheyenne.

In the brief time the board members were gone, attendees realized they would not have the opportunity to offer their testimonials and began presenting in front of the room, some with prepared speeches printed out and some speaking extemporaneously.

Dan, a client of City Drug, said he had been taking a drug that helps fentanyl addicts recover from their addiction. When his medication was stolen and Medicare did not cover the drug he was seeking, he said James worked to help him find a way to continue to receive his medication, which he said saved his life.

Dan

Dan, a patient of City Drug, hugs Kelsey James after his speech during the Board of Pharmacy meeting on Wednesday in Cheyenne. Dan has been receiving medication that helps him overcome his fentanyl addiction, and said Medicare does not cover the cost, and he could not receive it without the help of City Drug.

“Without my medication, I am very suicidal,” Dan said. “If it wasn’t for Kelsey, I would have committed suicide a long time ago. I’m so thankful for City Drug and Kelsey to take me into her heart and to help me take my medication. ... If it wasn’t for Kelsey, I would be dead today. All I want to say is, thank you.”

Following that, Sally Whelan spoke to the audience while the board was still in recess. She said she works for the hospital system in Cheyenne and has had a good working relationship with James since 2019, even though they work for different companies, noting they are all on the same team of supporting health care in the community.

Sally Whelan

Sally Whelan speaks in the Capitol Extension during the Board of Pharmacy meeting on Wednesday in Cheyenne. "I work directly with Kelsey at City Drug. ... All of a sudden, her license is getting suspended," Whelan said. "That directly affects not just everybody who's here, but the entire community.

In her speech, Whelan referenced a mistake she said was made by a former pharmacist at City Drug that led to this investigation and license suspension.

“We all make mistakes. In this instance, Kelsey was not the one who made the mistake. A pharmacist working in her store made a mistake,” Whelan said as the board members were greeted with a roar of boos when they re-entered the room. Upton banged her gavel three times in an attempt to resume the meeting.

Whelan continued, “When Kelsey became aware of the mistake, Kelsey worked with the state Board of Pharmacy to correct the situation.” Three more gavel bangs came from Upton as Whelan continued to speak. She was notified that she would be escorted out of the room if she continued to speak.

Law enforcement entered and grabbed Whelan as she continued to speak and began to escort her out of the room. Attendees protested as the altercation escalated when one officer grabbed her arm.

“Give it a rest, pal,” one attendee yelled at the officer. “Where’s our voice? Do we not get a voice? Are we nothing?” another added.

“I am not attacking you, do not touch me,” Whelan said to the officer. She asked to return to the room to retrieve her phone and keys. The officers did not let her return to her belongings, and she complied when another attendee said they would retrieve her phone and keys for her. Attendees were notified that they would be removed if they interrupted again.

“You ought to be ashamed of yourselves,” someone yelled as the room began to erupt with passionate responses protesting actions of the officer and the refusal to offer formal public feedback.

Pamela Quick

Pamela Quick speaks in the Capitol Extension during the Board of Pharmacy meeting on Wednesday in Cheyenne. “My husband’s one of the pharmacists at City Drug, and I’m also a nurse,” Quick said. “So, I understand the health care system, and I work for one of the contracts that has contracted with City Drug for home hospice.”

“Cowards,” some exclaimed.

“You only follow rules when it suits your narrative.”

“You don’t give a damn about the public.”

“People will not get their prescriptions because of you. Shame on you.”

Upton adjourned the meeting prematurely, as they were unable to continue discussion without interruption from the attendees, and the board members exited through the back door.

The investigation

According to minutes from the board’s March 14 meeting, Wyoming Board of Pharmacy Senior Investigator Liz Wood found that City Drug did not have the necessary equipment to perform sterile compounding, which is the process of mixing, combining or altering ingredients to create a medication that’s tailored to a patient’s needs. However, they were found to be compounding semaglutide.

Also at the March 14 meeting, James said she ceased sterile compounding of semaglutide and informed patients they are no longer dispensing it. She said she had been presented with information about the practice and was misinformed about what was allowed. She noted that City Drug is doing internal restructuring to make sure something like that cannot happen again in the future. The board voted unanimously to order City Drug to cease all compounding activities until the investigation is complete.

From the March 29 meeting minutes, James was commended for making significant progress in non-sterile compounding. Competencies and records were in place, and the organization of the pharmacy had improved, the minutes noted. The only concern raised was the presence of dirty compounding utensils in the sink. James explained that these were left over from the last time she was able to compound. This issue was discussed, but no conclusion was reached. Despite the concern, it was acknowledged that James had made drastic improvements in her pharmacy.

At the Sept. 12 special meeting, Wood presented to the Board of Pharmacy that a patient had received two prescription bottles of compounded medication from South Street Pharmacy in Wheatland. The patient had been a patient of City Drug, which was sending the medication to South Street Pharmacy to be compounded and then delivered by City Drug.

However, the two bottles had distinctly different labels, and Wood reported that South Street staff believed one to be a false label. This led to suspicion from Wood that City Drug had compounded one of the medications because South Street was unable to make the second prescription, even though they were not allowed to do so. Additionally, the medication with the suspected false label had the pharmacist initials “KJ,” according to the minutes from the Sept. 12 meeting.

Tom Rumpke, an attorney representing City Drug, said he did not know where the prescriptions came from, and argued that one instance does not create an immediate harm to public health sufficient to shut down a business that could put 26 people out of work.

Brian Marvel, senior assistant attorney general and prosecuting attorney for the board’s Investigative Committee, stated the patient received this medication from City Drug, and that there may only be one act of manufacturing a false label, but that one instance is a sufficient threat to public safety. To ensure this does not happen again, he said it is in the public interest to suspend City Drug’s license.

Public response

The community members who showed up to support City Drug gathered in the hall of the Capitol Extension to speak to members of the media and offer further testimonials in support of City Drug after Upton adjourned the meeting.

“They are kind, respectful, hardworking and there for every single one of our patients’ needs,” said Payton Pontillo, a hospice nurse in Cheyenne. “They never turn us down. We’ve worked with many other pharmacies who do not share the same compassion and care for patients here in the local community.”

She said her 1-year-old daughter, Dotty, was diagnosed with cancer two weeks after her first birthday, and City Drug was there to help.

“City Drug worked diligently to ensure that she had everything that she needed to have the best recovery possible. She’s alive, and not only alive, but thriving, today, and I think a huge part of that is because of City Drug and the way that they went above and beyond to advocate for her and make sure that she never went a day without a single thing that she needed.”

Steven Frausto, an administrator for a local hospice in Cheyenne, said he has 24 patients that rely strictly on end-of-life prescriptions for their hospice care provided by City Drug.

Steven Frausto

Steven Frausto, administrator for a local hospice in Cheyenne, speaks about City Drug during the Board of Pharmacy meeting on Wednesday in Cheyenne. “They are the only pharmacy in town who does after-hour calls. They do free delivery,” Frausto said. “And so when we have a patient that is transitioning two, three o’clock in the morning, Kelsey is there filling those prescriptions for us so that our people can transition peacefully with their family.”

“They are the only pharmacy in town who does after-hour calls, and they do free delivery. So, when we have a patient that is transitioning at two or three o’clock in the morning, Kelsey is there filling those prescriptions for us so that our people can transition peacefully with their family,” he said. “So not only is it helping the patient who is transitioning, it is bringing peace to the family that is watching their family members transition peacefully. But now, if someone passes at two or three o’clock in the morning, we have to predict that. So, I’m going to have to find a magic crystal ball to make sure we have our prescriptions on hand now.”

Bret Myrick works as a delivery driver for City Drug. He spoke to the character of James through sharing a story that stood out to him. He recalled when a patient was transported to Denver for emergency care, but they had left their medication in Cheyenne. Myrick said the patient requested that City Drug overnight ship him the medications. Instead, he said James went to the pharmacy to make the medication and drove it to the patient in Denver that night.

“And that’s supposedly a threat to the city? Give me a break,” Myrick said.

City Drug staff and Board of Pharmacy members did not comment for this story, noting that it is an ongoing investigation. James noted that she will likely take this situation to court in order to keep her business open.