Wyoming Pharmacy Board Issues Statement On Public Input On City Drug
Wyoming Board of Pharmacy President Brenda Upton has issued a statement on why the board did not take public comments at a series of meetings on disciplinary action against City Drug in Cheyenne.
At a Sept. 18 public meeting on the issue, City Drug supporters packed a meeting room in the Wyoming Capitol Building, demanding to speak on the possible suspension. But Upton told the crowd that taking public comment would be inappropriate. One woman who got up to speak during a break in the hearing and who continued to speak when the board reconvened was forcibly removed by Wyoming Highway Patrol troopers.
You can read more about that meeting here.
Statement From Board President Brenda Upton
Upton on Friday issued a statement on why the board didn't take public comment. The statement includes the following:
''There has been some concern and misunderstanding about the Board not taking public comment in reference to the matter with City Drug during its recent meetings. We apologize for the misunderstandings that led to the belief that the Board would take public comment, especially at its September 18 Board meeting.
However, public comment in disciplinary matters is generally not allowed. This is because disciplinary matters are similar in nature to judicial proceedings and have to focus on the parties and the due process rights of the licensee. In particular, the Board must base its decisions throughout the entirety of the disciplinary process on the evidence, statements, and arguments presented to it by the parties to the action. Not the beliefs and wishes of supporters of either side. Executive Order No. 1981-12 makes it clear that it is the Board’s obligation to afford a fair procedure, provide a record for judicial review, and to guard against biased decision making.
The Wyoming Administrative Procedure Act’s focus is much the same. The Act’s focus is on the parties to the disciplinary proceeding and the parties being afforded the opportunity to present statements, arguments, and evidence to the Board, not the general public. Much like a court case, a disciplinary matter must therefore be based on only the evidence, statements, and arguments submitted by the parties, not the opinions of those interested in the outcome. This is not to say that those interested in the outcome are not welcome to observe the process. They are, just as the public may observe trials and court proceedings. However, just as the public’s participation is limited to observation in those proceedings, so too is it limited in disciplinary matters. This is to protect the licensee's due process and ensure that the Board remains fair and impartial in hearing the matter.
I announced at the beginning of the September 18that the Board would not take public comment on the disciplinary matter. However, I understand that emotions were high and the attendees may not have heard my announcement. The Board could have been better in our communication and our explanation for not taking public comment. We will strive to improve our communication.''
In the end a settlement agreement was reached that will allow the pharmacy to stay open, with some conditions.