If all goes as current owner Gary Miller envisions the Westby Pharmacy will remain a viable business in the city of Westby thanks to his relentless efforts to keep the business in operation despite the legal dilemma which resulted in him losing his pharmacist license and forcing him to sell the business by April 11, 2007.

During a telephone conversation with Miller on Monday, April 9, he stated that his attorney is optimistic that he will be granted an extension on the initial business closure date of April 11. Miller has a number of prospective parties interested in purchasing the downtown Westby business, including ongoing discussions with Vernon Memorial Healthcare in Viroqua.

“I’ve been in negotiations with a number of interested parties and we are currently calculating the fair market value of the business. I’m striving to maintain the business as a whole to better serve the residents of the area. I can say without reservation that there will be a pharmacy in Westby. Some modifications to the existing building will be required to continue the business in its present location, but we’re working on those changes as well,” Miller said.

On March 8, 2007, the Wisconsin The State of Wisconsin Pharmacy Examining Board took disciplinary action against Miller after a two complaints and list of infractions allegedly occurring at the Westby Pharmacy were filed with the pharmacy board.

A pharmacist for 43 years, Miller has owned and operated the Westby Pharmacy for 32 years. He purchased the business, located on West State Street, from long-time businessman and pharmacist, Grant Rudie in 1975.

A portion of the disciplinary action taken against Miller on March 8, ordered him to sell Westby Pharmacy before April 11 or lock the doors. A condition in the closure agreement portion of the filings against Miller will likely allow him an extension of the April 11 as long as he can provide proof that a pending sale of the business in in the works.

Miller does not denying the majority of the alleged infractions filed against him with the pharmacy board, but he doesn’t believe the pharmacy board gave him a fair shake when they laid down their ruling.

An extensive list of infractions were filed against Miller with the State of Wisconsin Pharmacy Examining Board on Jan. 25, 2007. A second complaint was filed on Feb. 23, 2007. Some of the infractions listed against Miller include:

* Leaving the pharmacy in the hands of non-pharmacist staff, including under-aged store employees, who according to the complaint dispensed medications when no pharmacist was present;

* Dispensing medications, including narcotics, without prescriptions on many occasions;

* According to complaints respondents made multiple medication errors including refilling a medication without a valid prescription, shorting customers pills and ignoring a customer’s request for a certain manufacturer’s brand due to allergic reactions;

* Practicing without a license for one month after failing to renew his pharmacy license which expired on June 13, 2006 and was not renewed until July 13, 2006;

* Invalid and illegal dispensing of drugs by unlicensed pharmacists, refilling narcotic prescriptions when no refills were permitted, filling prescriptions early, dispensing narcotics in larger amounts than described and dispensing narcotics pursuant to alleged telephone orders, when the doctor denies issuing the prescription;

* Unsanitary conditions in a business place after owner’s dog was allowed to roam freely throughout all areas of the business and was witnessed urinating on the pharmacy floor.

In response to the allegations Miller acknowledges that he didn’t always do things according to the exact “letter of the law”, and he’s concerned that many of the allegations will be blown way out of proportion.

Miller believes this entire situation centers around a disgruntled former employee whom he caught stealing narcotics from the pharmacy in June of 2005. According to Miller the employee was reported to authorities, served probation for the theft and had to write a letter of apology to him. Over time the same said employee secretly kept detailed records of infractions committed by the business, which she later filed with the pharmacy board prompting an investigation of Miller and Westby Pharmacy.

The complaint, filed by the former employee with the pharmacy board, states that Miller provided the former employee with 50-60 pills without a prescription. Miller denied the allegation to the pharmacy board standing by his initial statement that he provided the complainant with one pain pill.

“This entire situation tears me up. I don’t want to throw stones, but I don’t want people to crucify me either. Maybe this is God’s way of telling me it’s time to slow down and do something else,” Miller said.

Miller has been working diligently to find a potential buyer for the century-old business. Westby Pharmacy provides a variety of services to residents including UPS pickup, a Jefferson Bus Line service stop, dry cleaning pick-up and drop-off, and the ever-popular old-fashioned soda fountain and speciality coffee shop. He is hoping to find a buyer who will maintain all aspects of the business, as well as over a dozen employees.

If things do not progress like Miller envisions and no buyer is found for the business it will be closed and the Westby Pharmacy license suspended. Prior to the sale of the pharmacy, Miller may continue to own the Westby Pharmacy, but must hire outside licensed pharmacists to operate the pharmacy and he is not personally allowed in the pharmacy portion of the business.

Miller must also pay $6,000 to the Wisconsin Department of Regulation and Licensing within 90 days of the March 15, 2007, court-ordered filing date. In the future, Miller is not allowed to operate a pharmacy in the state of Wisconsin unless a full hearing is conducted and his application is approved by the State of Wisconsin Pharmacy Examining Board. Effective March 8, Miller surrendered his State of Wisconsin pharmacist’s license.