A local pharmacy has been banned from selling controlled substances.
Attorneys are trying to change that but Tuesday, they were reminded what an uphill battle that’s become.
The attorney for Bauder’s Pharmacy is taking what he calls the first step in regaining the store’s license to sell prescriptions.
A Polk County district judge asked the Iowa Board of Pharmacy to review part of the case against the Des Moines landmark.
It relates to findings that owner Mark Graziano didn’t have written policies for how to operate the pharmacy.
In a heated hearing, Rick Olson, the attorney for Bauder’s Pharmacy argues his client Mark Graziano did have procedures in place for things like keeping the pharmacy sterile.
Olson says he gave those procedures to compliance officer Jean Roades shortly after her inspection in March.
“I would consider this very deficient in meeting the requirements,” said Roades.
According to Olson, Graziano was given thirty days to get things up to par.
“At the meeting in April, the marching orders were to keep working at it,” said Olson.
Inspectors said Graziano was making progress, but Olson says his client never got a chance to finish his work.
“There was no way to keep working at it. It was in possession of the board of pharmacy,” said Olson.
Not only that, Olson argues that evidence that could overturn some of the claims against Graziano was being hidden.
“We assert to our graves it was seized in a search warrant,” said Olson.
While the state agreed to change some of the wording in the board’s report, attorneys say the case against Graziano is still strong and those prescription drugs are still missing.
“Even if the board disagrees with the findings of the state, there is no reason the sanctions should be changed because 17 counts remain unchanged,” said assistant district attorney, Meghan Gavin.
A decision as to whether the board will change its findings regarding Bauder’s policies and procedures is expected in 1-2 weeks.