Walgreens Specification of Charges

STATE OF VERMONT
SECRETARY OF STATE
OFFICE OF PROFESSIONAL REGULATION
BOARD OF PHARMACY
IN RE: ) Docket Nos.

Walgreen Company and ) 2022-___
Walgreens Stores: )
#11526 (Farrell St) Lic. No. 038.0074574 ) 2022-___, 2022-___
#01756, License No. 038.0003345 ) 2022-___, 2022-___
#07270, License No. 038.0003340 ) 2022-___, 2022-___, 2022-___, 2022-___, 2022-___
#17183, License No. 038.0134028 ) 2022-___, 2022-___
#17185, License No. 038.0134018 ) 2022-___, 2022-___, 2022-___, 2022-___
#17379, License No. 038.0134037 ) 2022-___, 2022-___, 2022-___, 2022-___, 2022-___,
) 2022-___
#17447, License No. 038.0134025 ) [no specific docket no.]
#17471, License No. 038.0134042 ) 2022-___, 2022-___, 2022-___, 2022-___, 2022-___,
) 2022-___, 2022-___
#17518, License No. 038.0134012 ) 2022-___, 2022-___
#17596, License No. 038.0134041 ) 2022-___
#17625, License No. 038.0134019 ) 2022-___, 2022-___, 2022-___
#17631, License No. 038.0134023 ) 2022-___
#17713, License No. 038.0134021 ) 2022-___
#17749, License No. 038.0134030 ) 2022-___, 2022-___
#18020, License No. 038.0134036 ) 2022-___, 2022-___, 2022-___, 2022-___, 2022-___,
) 2022-___, 2022-___
#18090, License No. 038.0134017 ) 2022-___, 2022-___, 2022-___, 2022-___
#18265, License No. 038.0134015 ) 2022-___
#18278, License No. 038.0134031 ) 2022-___
#18325, License No. 038.0134033 ) 2022-___
#18418, License No. 038.0134034 ) 2022-___, 2022-___, 2022-___, 2022-___, 2022-___,
) 2022-___, 2022-___, 2022-___
#18977, License No. 038.0134013 ) 2022-___, 2022-___
#19233, License No. 038.0134022 ) 2022-___, 2022-___, 2022-___, 2022-___
STATE OF VERMONT #19570, License No. 038.0134040 ) [no specific docket no.]
#19795, License No. 038.0134032 ) 2022-___, 2022-___, 2022-___
SPECIFICATION OF CHARGES
NOW COMES the State of Vermont and makes the following charges against
Respondent Walgreen Company and the specific Walgreens Store locations identified above
by store number and license number:
Prosecuting Attorney
Office of
Professional Regulation
89 Main Street
1
3rd Floor
Montpelier, VT
05620-3402
Board Authority
1. The Vermont State Board of Pharmacy (the “Board”) has authority to issue warnings
or reprimands; suspend, revoke, limit, or condition current licenses; or prevent the
renewal of lapsed licenses if, after disciplinary hearing, the Board finds that
Respondents have engaged in unprofessional conduct. 3 V.S.A. §§ 129, 129a; 3
V.S.A. § 814; 26 V.S.A. Chapter 36; the Administrative Rules of the Vermont Board
of Pharmacy (“BOP Rules”); and the Administrative Rules of the Office of
Professional Regulation (“OPR Rules”).
Statement of Facts
I. Introduction
2. Walgreen Company (“Respondent Corporation”), a subsidiary of Walgreens Boots

Alliance, is the corporate owner of retail pharmacies in forty-nine of the fifty United
States and is headquartered in Deerfield, Illinois. Respondent Corporation has the
second-largest pharmacy store chain in the United States.
3. On October 14, 2021, Walgreens Boots Alliance reported highlights of its fourth
quarter and fiscal year financial performance:
“Fourth quarter sales from continuing operations increased 12.8 percent year-over-
year, to $34.3 billion, up 11.8 percent on a constant currency basis” and
“Fiscal 2021 sales from continuing operations increased 8.6 percent to $132.5 billion,
up 7.5 percent on a constant currency basis.” 1
4. On October 14, 2021, Walgreens also reported additional highlights of its financial
news: “Net cash provided by operating activities in fiscal 2021 was $5.6 billion, an
increase of $70 million compared with fiscal 2020; Free cash flow was $4.2 billion, up
$65 million year-over-year.” 2
5. Respondent Corporation owns and operates the largest number of instate retail
pharmacies in the State of Vermont, with thirty-two Walgreens locations
(“Respondent Stores”).
6. The following thirty-two Walgreens locations are actively licensed by the State of
Vermont as Instate Pharmacies with licenses that expire on July 31, 2023:
Walgreens Eastern Co, Inc. dba Walgreens #11526, License No. 038.0074574, Farrell St, Burlington
STATE OF VERMONT Walgreens Eastern Co, Inc. dba Walgreens #17379, License No. 038.0134037, Wilmington
Walgreens Eastern Co, Inc. dba Walgreens #17475, License No. 038.0134027, Williston
Walgreens Eastern Co, Inc. dba Walgreens #17518, License No. 038.0134012, Barre
Walgreens Eastern Co, Inc. dba Walgreens #17596, License No. 038.0134041, Montpelier
1
(2021, October 14) Walgreens Boots Alliance Reports Fiscal Year 2021 Earnings.
https://s1.q4cdn.com/343380161/files/doc_news/Walgreens-Boots-Alliance-Reports-Fiscal-Year-2021-Earnings-
2021.pdf
Office of 2
Id.
89 Main Street
2
3rd Floor
Montpelier, VT
05620-3402
Walgreens Eastern Co, Inc. dba Walgreens #18020, License No. 038.0134036, Manchester Cntr
Walgreens Eastern Co, Inc. dba Walgreens #18043, License No. 038.0134020, Bristol
Walgreens Eastern Co, Inc. dba Walgreens #18090, License No. 038.0134017, St. Johnsbury
Walgreens Eastern Co, Inc. dba Walgreens #18265, License No. 038.0134015, Brandon
Walgreens Eastern Co, Inc. dba Walgreens #18278, License No. 038.0134031, West Rutland
Walgreens Eastern Co, Inc. dba Walgreens #18325, License No. 038.0134033, Shelburne
Walgreens Eastern Co, Inc. dba Walgreens #18375, License No. 038.0134016, Middlebury
Walgreens Eastern Co, Inc. dba Walgreens #19233, License No. 038.0134022, Bellows Falls
Walgreens Eastern Co, Inc. dba Walgreens #19449, License No. 038.0134024, Cherry St., Burlington
Walgreens Eastern Co, Inc. dba Walgreens #19570, License No. 038.0134040, North Ave, Burlington
Walgreens Pharmacy #01756, License No. 038.0003345, Rutland
Walgreens Pharmacy #07270, License No. 038.0003340, Canal St., Brattleboro
Walgreens #17183, License No. 038.0134028, Colchester
Walgreens #17185, License No. 038.0134018, Hardwick
Walgreens #17447, License No. 038.0134025, South Burlington
Walgreens #17471, License No. 038.0134042, Susie Wilson Rd, Essex Junction
Walgreens #17485, License No. 038.0134026, Winooski
Walgreens #17625, License No. 038.0134019, Lyndonville
Walgreens #17631, License No. 038.0134023, Bennington
Walgreens #17713, License No. 038.0134021, Newport
Walgreens #17747, License No. 038.0134013, Milton
Walgreens #17749, License No. 038.0134030, Pearl St, Essex Junction
Walgreens #18354, License No. 038.0134038, Fair Haven
Walgreens #18418, License No. 038.0134034, Putney Rd., Brattleboro
Walgreens #18977, License No. 038.0134013, Morrisville
Walgreens #19346, License No. 038.0134029, Enosburg Falls
Walgreens #19795, License No. 038.0134032, St. Albans
7. Respondent Corporation’s retail pharmacies account for over 25% of all Vermont-
licensed instate retail pharmacies.
8. Respondent Corporation’s instate pharmacies constitute a chain under Vermont law.

See 26 V.S.A. § 2053(b).
9. The Vermont Legislature, OPR and the Vermont Board of Pharmacy have enacted
statutes and rules governing retail pharmacies to promote, preserve, and protect the
health, safety, and welfare of the public by ensuring that retail pharmacies operate
safely.
10. In Vermont, the Board of Pharmacy may impose disciplinary sanctions against all
drug outlets in a retail pharmacy chain if: unprofessional conduct has occurred at one
STATE OF VERMONT
or more drug outlets; unprofessional conduct is attributable to corporate policies,
practices, systems, or procedures; and sanctions are appropriate to protect the public.
II. Overview
11. In 2020, 2021, and 2022, Respondent Corporation’s instate retail pharmacies
experienced significant staffing shortages resulting in unanticipated store closures
throughout the store locations in Vermont and unsafe pharmacy conditions.
Office of
89 Main Street
3
3rd Floor
Montpelier, VT
05620-3402
12. The structure of Respondent Corporation as it relates to management of local stores is
that at each Walgreens location, pharmacy staff is made up of a pharmacist-manager,
staff pharmacists, floater pharmacists and pharmacy technicians. The Retail Store
Manager, who may or may not have pharmacy credentials or experience, oversees the
pharmacist-manager and other pharmacy staff. District Managers and the Area Health
Care Supervisor supervise the Store Managers and oversee pharmacy operations at
various store locations.
13. In 2021 and 2022, Respondent Corporation operated multiple Walgreens retail
pharmacies in Vermont without the required Pharmacist-Manager, contrary to
Vermont law.
14. A substantial cause of reported patient safety issues at Vermont Walgreens locations is
insufficient staffing for the pharmacy workload, which includes filling prescriptions,
verifications, patient consultations, administering vaccinations, conducting Covid
tests, ordering medications, conducting perpetual and controlled substance inventories,
and maintaining the pharmacy in good working order.
15. In 2021 and 2022, Respondent Corporation utilized an online vaccine scheduler,
which enabled patients to schedule vaccine appointments at Vermont Walgreens
locations at time intervals designated by Respondent Corporation without regard for or
consideration of available staffing at the specific store on a certain date.
16. Pharmacy staff working in Vermont Walgreens locations had no ability to disable the
online vaccine scheduler for their respective locations when pharmacy staff was
limited or when the volume of pharmacy work was unmanageable for the available
staff.
17. Lack of adequate pharmacy staff resulted in over three hundred and twenty-five days
in which unexpected and unscheduled Walgreens retail pharmacy closures occurred
throughout the State between July 2020 and April 2022, leaving thousands of patients
without access to prescription medications. 3
18. The Walgreens computer system continues to process and bill prescriptions and refills
even when a store location is closed unexpectedly.
19. Once Walgreens processes and bills a prescription to a patient’s insurance or

Medicaid, the patient cannot fill the prescription at an external pharmacy unless
Walgreens reverses the billing or the patient pays out-of-pocket, even when the patient
STATE OF VERMONT cannot retrieve the filled prescription due to an unexpected Walgreens pharmacy
closure.
20. Prior to February 2022, most pharmacy staff at Vermont Walgreens locations had not
been trained or did not know how to reverse the billing for prescriptions in
Respondent Corporation’s computer system.
Office of 3
The store closures identified in this document do not include late store openings or early closures.
89 Main Street
4
3rd Floor
Montpelier, VT
05620-3402
21. On numerous occasions during OPR’s investigations, the Area Supervisor for
Respondent Corporation informed investigators that Walgreens had a “centralized fill”
process called PHLEX, which the pharmacy staff at a particular location could activate
to help reduce the onsite workload during busy times.
22. In 2022, an interview with a different employee of Respondent Corporation clarified

that PHLEX was not a “centralized fill” service and that central fill was not an
available tool in Vermont Walgreens locations.
23. PHLEX is a service in which two steps from the in-store pharmacy prescription filling
process, namely the typing of the prescriptions and the verification that prescriptions
are typed into the system correctly, are conducted at an off-site location. However,
when a Vermont store implements this off-site assistance, it is only for one hour at a
time and then the pharmacist must go back into the system and request the off-site
service again for the service to remain active.
24. During the relevant time, unprofessional conduct occurred at multiple Walgreens retail
locations in Vermont on multiple occasions.
25. Unprofessional conduct that occurred at Walgreens locations in Vermont during the
relevant time was attributable in part to the policies, procedures, systems, or practices
of Respondent Corporation.
III. Unexpected Pharmacy Closures Without Notice to Patients 4
A. Unexpected Store Closures in 2020
26. In July 2020, the following Walgreens pharmacies were closed unexpectedly and
without notice to patients:
July 17, 18, 19, 2020 – Store #17631 (Bennington),
July 18-19, 2020 – Store #18265 (Brandon),
July 18-19, 2020 – Store #17185 (Hardwick),
July 18-19, 2020 – Store #17625 (Lyndonville),
July 18-19, 2020 – Store #18278 (West Rutland),
July 19, 2020 – Store #18977 (Morrisville),
July 24, 2020 - Store #17185 (Hardwick),
July 25, 2020 – Store #18977 (Morrisville),
July 25, 2020 - Store #11526 (Farrell St., Burlington),
July 26, 2020 – Store #18278 (West Rutland),
STATE OF VERMONT July 26, 2020 - Store #17625 (Lyndonville).
Respondent Corporation did notify OPR of these closures.
27. Immediately preceding the closures in July 2020, Respondent Corporation laid off
eleven pharmacists in Vermont. However, Respondent Corporation has refused to
identify how many pharmacists were laid off and the dates those layoffs occurred.
Prosecuting Attorney 4
Due to the volume of complaints and closures continuing on an ongoing basis, there have been more store
Office of closings than those identified in this document.
89 Main Street
5
3rd Floor
Montpelier, VT
05620-3402
B. Unexpected Store Closures in 2021 and 2022
Manchester Center, Store #18020
28. From September 4, 2021 through September 9, 2021, Store #18020 in Manchester
Center was closed unexpectedly. A sign posted on the storefront indicated the store’s
server was down, the store was “closed until further notice,” and customers should call
the Bennington or Rutland locations, both of which are over 30 miles away.
29. When Store #18020 was reopened in September 2021, ostensibly because the
computer issue had been resolved, all patient prescriptions in the “will call” category
were changed in the system to a status that indicated the prescriptions had been
delivered.
30. This systemic malfunction created further delay for patients who were attempting to
obtain their prescriptions at other pharmacies.
31. On September 14, 2021, Store #18020 closed unexpectedly due to a fire.
32. Respondent Corporation failed to notify the Board of Pharmacy of this unplanned and
indefinite closing within 48 hours.
33. Respondent Corporation failed to notify the general public of the intent of the licensee
and the future location of prescription files by advertising in a newspaper with a
general circulation in the area served.
34. During Store #18020’s extended closure, Respondent Corporation did not deactivate
the automatic processing for patient refills or new prescriptions for existing patients.
35. Respondent Corporation’s computer system continued to automatically process

insurance billing for medication prescriptions the store could not fill and dispense to
patients because it was closed; thus patients did not have access to medications for
which their insurance was billed by Walgreens.
36. The automatic processing/billing for Store #18020, which Respondent Corporation did
not deactivate or address systemically, created significant barriers for patients to get
their medications elsewhere, including patients having to pay out-of-pocket and
patients not being able to get their controlled drug prescriptions since they appeared to
have been filled.
STATE OF VERMONT
37. Some patients of Store #18020 went without prescription medications for periods of
time for significant medical conditions such as heart and thyroid issues.
38. Patients including G.H., R.H., J.R., J.F., L.G., W.R., A.C., S.K., T.C., A.T., D.S.,
D.P., C.T., L.K. all experienced delay in receiving their prescription medications due
to the unanticipated closure of Store #18020 and the continued automatic processing
of their prescriptions during the closure.
Office of
89 Main Street
6
3rd Floor
Montpelier, VT
05620-3402
39. Pharmacist D.H. from the other local pharmacy in Manchester Center contacted
Respondent Corporation on two occasions by phone on October 20, 2021 and
approximately a week later requesting that Respondent Corporation stop the automatic
processing of patient prescriptions during the indefinite store closure.
40. After speaking to various individuals from Respondent Corporation asking for the
automatic processing for Store #18020 to be stopped, Pharmacist D.H. continued
trying, unsuccessfully many times, to help Walgreens patients get their medications.
Among the Patients were A.K., L.K., and R.W., whose prescription refills were all
denied during the closure, even though the prescriptions had not been dispensed and
were not available to the patients, because the Walgreens system had already
processed and billed their refills.
41. On November 8, 2021, Respondent Corporation communicated with OPR stating that
the Manchester Center Store had been closed since the fire, and Respondent
Corporation desired to reopen the location week of November 15, 2021.
42. Respondent Corporation inquired whether notice of the closure had been provided to
the Board of Pharmacy and whether any additional items were required prior to the re-
opening of Store #18020.
43. Store #18020 reopened on December 11, 2021. Respondent Corporation did not
notify the Board of Pharmacy of the store’s re-opening on that date.
44. From Thursday January 6, 2022 through Saturday January 8, 2022, Store #18020 was
closed unexpectedly. The sign posted on the door said: “Unfortunately Manchester
Walgreens will be CLOSED until further notice. *for Rx needs please call
Bennington….” The phone system on both days indicated the location was open.
45. From January 9 through 13, 2022, Store #18020 was closed unexpectedly, and the sign
posted on the door said: “Unfortunately Manchester Walgreens will be closed until
further notice. *for Rx needs call Rutland Pharmacy….”
Brattleboro, Stores #07270 (Canal Street) and #18418 (Putney Road)
46. On Wednesday, May 12, 2021, when a re-assigned pharmacist arrived to work for
three days at Store #18418 (Putney Road, Brattleboro), the pharmacy was in a state of
significant disorganization, with prescription vials and pills on the floor, two unlabeled
vials on shelves with a variety of pills in them, cluttered counter space and generally
STATE OF VERMONT unclean conditions.
47. In the mid-afternoon on Thursday, May 13, 2021, Respondent Corporation’s District
Manager directed the pharmacist to immediately close Store #18418.
48. Store #18418 was closed from the afternoon on Thursday, May 13, 2021 through
Friday, May 14, 2021.
Prosecuting Attorney 49. Store #18418 is normally closed on Saturdays and Sundays.
Office of
89 Main Street
7
3rd Floor
Montpelier, VT
05620-3402
50. Patients did not receive notification that Store #18418 would be closed on May 13 and
14, 2021.
51. Patients did not receive notice they would be unable to obtain their medications from
Thursday 13, 2021 until Monday, May 17, 2021.
52. Store #18418 did not post signage to inform patients of how to obtain their
medications during the unexpected and unscheduled store closure.
53. The Walgreens phone system did not advise patients that Store #18418 had closed
unexpectedly or that the store would reopen on Monday, May 17, 2021. The phone
system also did not advise patients of how to get their medications while the store was
closed.
54. Patient L.N. missed multiple doses of his strict medication protocol for a tick-borne
illness due to the unexpected closure of Store #18418 in May 2021.
55. Patient L.N. and his family member spent hours attempting to get L.N.’s medication,
including calling Store #18418 multiple times, travelling to Store #18418 during
normal store hours to find it closed, spending time on the phone with Walgreens to get
the prescription filled at a different location, and travelling to a Walgreens in New
Hampshire to retrieve the prescription.
56. The family of Patient R.T., a minor who takes two prescription medications each day,
made numerous trips to Store #18418 on May 13 and 14, 2021 during normal business
hours attempting to pick up a refill of R.T.’s medication.
57. Patient R.T.’s family, after communications with Respondent Corporation, was able to
retrieve Patient R.T.’s medications on Saturday, May 15, 2021 at a different store
location.
58. Patient D.K. was unable to retrieve prescribed antibiotics from Store #18418 on May
14, 2021.
59. Patient D.K. called Walgreens on May 14, 2021 and waited on the phone for over an
hour before hanging up.
60. When Patient D.K. went to Store #18418 to retrieve antibiotics during normal business
hours, he found the store closed, with no signage indicating where patients could get
STATE OF VERMONT prescriptions.
61. Individual T.F. has a son (“Patient 1”) with epilepsy and other medical conditions.
62. T.F. and T.F.’s spouse made numerous calls to Store #18418 on May 13 and 14, 2021
to refill Patient 1’s epilepsy medication, which was running out.
63. The Respondent Corporation’s phone system gave a “next in line” phone message to
Prosecuting Attorney T.F.’s spouse, who waited on the phone for over forty minutes.
Office of
89 Main Street
8
3rd Floor
Montpelier, VT
05620-3402
64. When Store #18418 reopened on Monday, May 17, 2021, T.F. waited in a long line to
retrieve Patient 1’s medication. When T.F. arrived at the front of the line, pharmacy
staff of Store #18418 informed T.F. they could not locate Patient 1’s prescription.
Eventually when staff located Patient 1’s prescription, T.F. was informed the
medication could be ready in half an hour to forty minutes.
65. Neither Respondent Corporation nor Store #18418 reported the closure of Store
#18418 in May 2021 within 48 hours to the Board of Pharmacy.
66. On Monday, June 21, 2021, Store #18418 closed unexpectedly in the mid-afternoon
during normal business hours and remained closed on Tuesday, June 22, 2021.
67. Patients did not receive notification that Store #18418 would be closed June 21 and
22, 2021.
68. Store #18418 did not post signage to inform patients of how to obtain their
medications during the June 2021 store closure.
69. On the following dates in 2021 and 2022, Store #07270 (Canal Street, Brattleboro)
was closed unexpectedly and without notice to patients:
May 29, 2021,
June 9, 2021,
June 12, 2021,
August 21, 2021,
August 22, 2021,
October 21, 2021,
January 10, 2022,
January 29, 2022,
February 1, 2022,
February 2, 2022.
This location is also closed regularly on Sundays.
70. On the following dates in 2021 and 2022, Store #18418 (Putney Road, Brattleboro)
May 13, 2021,
May 14, 2021,
June 21, 2021,
June 22, 2021,
January 10, 2022,
STATE OF VERMONT January 11, 2022,
January 17, 2022,
January 27, 2022,
January 28, 2022,
February 1, 2022,
February 2, 2022,
February 3, 2022.
This location is also regularly closed on Saturdays and Sundays.
Office of
89 Main Street
9
3rd Floor
Montpelier, VT
05620-3402
71. During the May and June 2021 closures, Store #18418 did not post signage to inform
patients of how to obtain their medications.
72. In May 2021, the Walgreens phone system did not advise patients that Store #18418
had closed unexpectedly or that the store would reopen on Monday, May 17, 2021.
The phone system also did not advise patients of how to get their medications while
the store was closed.
73. The closest Walgreens pharmacy to the Brattleboro stores is just over 30 miles away
in Manchester Center, which also had unplanned closures in January 2022.
St. Albans, Store #19795
74. Store #19795 (St. Albans) was closed unexpectedly and without notice to patients on
the following dates in 2021 and 2022:
September 4, 2021,
October 1, 2021,
October 3, 2021,
October 13, 2021,
October 23, 2021,
October 26, 2021,
October 30, 2021,
October 31, 2021,
November 4, 2021,
December 10, 2021,
December 14, 2021,
December 17, 2021,
December 24, 2021,
December 26, 2021,
December 28, 2021,
December 30, 2021,
January 13, 2022,
February 4, 2022,
February 10, 2022.
Essex, Stores #17471 (Susie Wilson Road) and #17749 (Pearl Street)
75. On the following dates in 2021 and 2022, Store #17471 (Susie Wilson Road, Essex
Junction) was closed unexpectedly and without notice to patients:
STATE OF VERMONT April 25, 2021,
April 28, 2021,
October 14, 2021,
October 15, 2021,
December 13, 2021,
December 17, 2021,
December 18, 2021,
December 20, 2021,
Prosecuting Attorney December 21, 2021,
Office of
89 Main Street
10
3rd Floor
Montpelier, VT
05620-3402
December 26, 2021,
December 30, 2021,
December 31, 2021,
February 25, 2022.
76. On the following dates in 2021, Store #17749 (Pearl St., Essex Junction) was closed
unexpectedly and without notice to patients:
May 20, 2021,
May 21, 2021,
May 22, 2021,
June 19, 2021,
November 11, 2021,
December 23, 2021.
Wilmington, Store #17379
77. In January 2021, Store #17379 (Wilmington) closed early and/or did not open at all for
several days due to a lack of pharmacy staff.
78. In February 2021, Store #17379 was closed on two occasions during normal business
hours without notice to patients.
79. Store #17379 was closed unexpectedly and without notice to patients on:
June 24, 2021,
October 15, 2021,
January 29, 2022.
Morrisville, Store #18977
80. On the following dates in 2021 and 2022, Store #18977 (Morrisville) was closed
May 6, 2021,
May 14, 2021,
May 15, 2021,
May 16, 2021,
May 22, 2021,
May 25, 2021,
September 9, 2021,
October 15, 2021,
STATE OF VERMONT December 21, 2021,
January 6, 2022,
January 13, 2022,
February 1, 2022,
February 2, 2022,
February 11, 2022.
Office of
89 Main Street
11
3rd Floor
Montpelier, VT
05620-3402
St. Johnsbury, Store #18090
81. On the following dates in 2021 and 2022, Store #18090 (St. Johnsbury) was closed
May 13, 2021,
October 20, 2021,
December 23, 2021,
December 24, 2021,
December 26, 2021,
December 30, 2021,
December 31, 2021,
January 1, 2022,
January 2, 2022,
January 6, 2022,
February 11, 2022,
February 14, 2022,
February 15, 2022,
February 16, 2022,
February 22, 2022,
February 25, 2022.
Colchester, Store #17183
82. On the following dates in 2021 and 2022, Store #17183 (Colchester) was closed
May 15, 2021,
May 18, 2021,
May 20, 2021,
October 21, 2021,
January 7, 2022.
Bellows Falls, Store #19233
83. On the following dates in 2021 and 2022, Store #19233 (Bellows Falls) was closed
May 16, 2021,
May 30, 2021,
August 21, 2021,
January 14, 2022,
STATE OF VERMONT May 19, 2022,
May 20, 2022
May 26, 2022,
May 27, 2022,
May 31, 2022,
June 9, 2022.
84. In May 2022, a Registered Nurse B.S. complained to OPR that the consecutive
Prosecuting Attorney unexpected closures of Store #19233 in May 2022 had a significant impact on the
Office of
89 Main Street
12
3rd Floor
Montpelier, VT
05620-3402
patients who were prescribed suboxone because the prescriptions were only issued for
a week at a time.
85. Some of the patients referenced by RN B.S. were unable to travel to the nearest
Walgreens to retrieve their suboxone when the Bellows Falls location was closed
unexpectedly.
86. For some patients, when Store #19233 had already billed their insurance for suboxone,
Walgreens was unable to reverse the billing so that the patients could get their
suboxone at a different pharmacy.
87. In May 2022, in at least separate three instances, patients were able to get their
doctor’s office to send a replacement suboxone prescription to another local pharmacy
after Walgreens had already billed the patient’s insurer but was closed when the
patient needed to pick up the prescription. In those three instances, the patients were
required to pay out-of-pocket to the non-Walgreens local pharmacy for their
suboxone.
Burlington, Store #19449 (Cherry Street), #19570 (North Avenue) and

Farrell Street (#11526)
88. On the following dates in 2021, Store #19449 (Cherry Street, Burlington) was closed
December 18, 2021,
December 19, 2021.
89. On the following dates in 2021 and 2022, Store #19570 (North Ave, Burlington) was
closed unexpectedly and without notice to patients:
May 16, 2021,
May 25, 2021,
October 15, 2021,
February 25, 2022.
90. On the following dates in 2021 and 2022, Store #11526 (Farrell Street, Burlington)
October 28, 2021,
December 21, 2021,
December 24, 2021,
January 7, 2022,
February 24, 2022,
February 25, 2022.
Shelburne, Store #18325
91. On the following dates in 2021 and 2022, Store #18325 (Shelburne) was closed
Prosecuting Attorney May 17, 2021,
Office of
89 Main Street
13
3rd Floor
Montpelier, VT
05620-3402
May 18, 2021,
June 5, 2021,
June 27, 2021,
July 17, 2021,
November 2, 2021,
November 13, 2021,
December 26, 2021,
February 8, 2022.
92. When Store #18325 was closed on November 2, 2021, Respondent Corporation’s
online listing for Store #18325 indicated that the store would be open on November 2,
2021 from 9:00 a.m. to 7:00 p.m.
93. Multiple complaints were filed with OPR as the result of these closures because
patients were unable to retrieve prescriptions and missed dosages of their medications,
such as antibiotics and seizure medications.
Williston, Store #17475
94. On the following dates in 2021, Store #17475 (Williston) was closed unexpectedly and
without notice to patients:
May 17, 2021,
November 17, 2021,
December 24, 2021.
Milton, Store #17747
95. On the following dates in 2021 and 2022, Store #17747 (Milton) was closed
July 16, 2021,
December 11, 2021,
December 12, 2021,
December 16, 2021,
January 13, 2022,
February 3, 2022,
February 22, 2022,
February 23, 2022,
February 24, 2022.
STATE OF VERMONT South Burlington, Store #17447
96. On the following dates in 2021, Store #17447 (South Burlington) was closed
August 3, 2021,
October 9, 2021,
December 16, 2021.
Office of
89 Main Street
14
3rd Floor
Montpelier, VT
05620-3402
Brandon, Store #18265
97. On the following dates in 2021 and 2022, Store #18265 (Brandon) was closed
August 3, 2021,
December 18, 2021,
December 23, 2021,
February 17, 2022,
February 18, 2022.
Lyndonville, Store #17625
98. On the following dates in 2021, Store #17625 (Lyndonville) was closed unexpectedly
and without notice to patients:
October 10, 2021,
November 6, 2021,
November 7, 2021.
99. Between February 3, 2022 and April 15, 2022, the Lyndonville Pharmacy #17625 was
closed thirty-two (32) times due to family leave for one pharmacist and the other
pharmacist resigning.
100. On February 21, 2022, Patient P.M. went to Store #17625 to retrieve two prescription
medications which she had confirmed, using the automated phone system the day
prior, would be ready at that time.
101. On February 22, 2022, Patient P.M. called Store #17625 about picking up the same
medications. Patient P.M. learned the pharmacy was closed and was transferred to the
nearest open Walgreens in Hardwick, which was a forty-five-minute drive away.
102. On March 7, 2022, Patient L.H. went to Store #17625 after being told it would be
open, but instead found it closed. L.H. was told by Walgreens staff she had to go to
the St. Johnsbury location, a fifteen-minute drive away.
103. Patient L.H. also complained that Store #17625 often did not have any of the
medication to fill her prescription or that the pharmacy did not have adequate amounts
to completely fill the prescription.
104. The sign posted inside the Lyndonville Store in March 2022 stated (emphasis in
STATE OF VERMONT original):
Office of
89 Main Street
15
3rd Floor
Montpelier, VT
05620-3402
ATTENTION CUSTOMERS
YOUR LYNDONVILLE WALGREENS PHARMACY WILL ONLY BE OPEN ON
THE FOLLOWING DAYS FOR THE NEXT WEEKS DUE TO STAFFING
LEVELS AVAILABLE. THIS SCHEDULE IS SUBJECT TO CHANGE. WE
APOLIGIZE [SIC] FOR ANY INCOVENIENCE [SIC].
LYNDONVILLE LOCATION WILL BE OPEN:
MONDAY 3/7 9AM TO 7PM
FRIDAY 3/11 9AM TO 7PM
ST. JOHNSBURY LOCATION WILL BE OPEN:

WEDNESDAY 2/23 9AM TO 7PM
THURSDAY 2/24 9AM TO 7PM
WEDNESDAY 3/2 9AM TO 7PM
MONDAY 3/14 9AM TO 7PM.
105. The sign posted in the Lyndonville store did not state: where customers should go for
prescriptions on the closed days; the closest non-Walgreens pharmacy; or phone
numbers to contact Walgreens for assistance.
106. Respondent Corporation failed to provide the Board of Pharmacy and the general
public through online or media advertisements with the same advance notice as
indicated by the signage posted in the store.
Middlebury, Store #18375
107. On the following dates in 2021, Store #18375 (Middlebury) was closed unexpectedly
and without notice to patients:
October 13, 2021,
October 30, 2021,
October 21, 2021.
Enosburg Falls, Store #19346
108. On the following dates in 2021 and 2022, Store #19346 (Enosburg Falls) was closed
October 30, 2021,
December 23, 2021,
January 29, 2022,
February 3, 2022.
Winooski, Store #17485
109. On the following dates in 2021 and 2022, Store #17485 (Winooski) was closed
Prosecuting Attorney November 13, 2021,
Office of
89 Main Street
16
3rd Floor
Montpelier, VT
05620-3402
January 6, 2022,
February 3, 2022,
February 5, 2022.
Hardwick, Store #17185
110. On the following dates in 2021 and 2022, Store #17185 (Hardwick) was closed
December 10, 2021,
December 17, 2021,
December 24, 2021.
January 10, 2022,
January 13, 2022,
January 28, 2022,
February 25, 2022.
111. On February 25, 2022, R.C., the father of a minor child, complained to OPR that on
dates including and prior to February 25th, he had gone to Store #17185 to obtain life-
saving medication for his child and found the store closed during normal business
hours.
112. R.C. stated:
The last two times I have called ahead and been assured it was open.
Today I was told the prescription would be ready after 3:00. I drove there
in a snowstorm because my son doesn’t have enough medication to get
through the weekend. I arrived at 3:30. Closed! Again! Is this pharmacy
even open anymore? How can they just close any time when so many rely
on this vital service?....
Bristol, Store #18043
113. On the following dates in 2021 and 2022, Store #18043 (Bristol) was closed
December 31, 2021,
February 2, 2022,
February 3, 2022,
February 4, 2022.
STATE OF VERMONT Newport, Store #17713
114. On the following dates in 2021 and 2022, Store #17713 (Newport) was closed
May 4, 2021,
February 12, 2022,
February 19, 2022.
Office of
89 Main Street
17
3rd Floor
Montpelier, VT
05620-3402
Walgreens Pharmacies with Fewer Than Three Closures
115. On December 31, 2021, Store #1756 (Rutland) was closed unexpectedly and without
notice to patients.
116. Store #17631 (Bennington) was closed unexpectedly and without notice to patients on
May 21, 2021 and August 26, 2021.
117. Store #17518 (Barre) was closed unexpectedly and without notice to patients on
September 9, 2021 and October 23, 2021.
118. Store #17596 (Montpelier) was closed unexpectedly and without notice to patients on
May 1, 2021.
119. OPR also received two complaints regarding an early and unexpected closure of Store
#17596 (Montpelier) location on January 26, 2022. A sign in the window indicated
that the pharmacy was temporarily closed but did not direct patients to an alternate
pharmacy or provide contact information for assistance.
C. Impacts of Unexpected Store Closures
120. Unexpected Vermont Walgreens pharmacy closures prevent patients from getting
prescription medications in a timely manner and deny essential pharmacy services,
thereby negatively impacting patients.
121. When a Vermont Walgreens pharmacy is closed unexpectedly, the Walgreens

computer system continues to process and bill prescriptions and refills even though the
medications are not physically dispensed and patients are not able to retrieve the
medications from their usual Walgreens.
122. Once Walgreens processes and bills a prescription to a patient’s insurance or

Medicaid, the patient is not able to have the prescription filled at an external pharmacy
unless Walgreens reverses the billing or the patient pays out-of-pocket, even though
the patient cannot retrieve the filled prescription due to an unexpected Walgreens
pharmacy closure.
123. For patients with prescriptions for controlled medications, once Walgreens processes
and bills the prescription, the patient is not able to obtain the prescription at an
external pharmacy, even if the patient cannot retrieve the prescription from their local
STATE OF VERMONT Walgreens due to an unexpected closure.
124. As of February 2022, pharmacy staff at most, if not all, Vermont Walgreens locations
did not know how to reverse the billing for prescriptions in Respondent Corporation’s
computer system.
Office of
89 Main Street
18
3rd Floor
Montpelier, VT
05620-3402
125. Respondent Corporation failed to train Vermont Walgreens pharmacy staff so they
would know how to reverse the billing for patient prescriptions that were processed for
a location that was closed unexpectedly. Only certain Walgreens Corporate
employees knew how to reverse the billing for a patient prescription.
126. One pharmacist-manager interviewed in mid-April 2022 stated that a new prescription
for a Schedule II Controlled Drug could not be transferred or reverse-billed. The
pharmacist-manager stated new prescriptions for Schedule III through Schedule V
Controlled Drug could be reverse-billed and transferred only if authorized by the
pharmacist in the transferring pharmacy, which was not possible in some instances,
such as the extended Manchester Center Walgreens closure.
127. In mid-April 2022, one Walgreens pharmacist-manager stated to investigators that

reverse billing for controlled drugs had to be done by corporate employees and could
not be done at a local level.
128. In mid-April 2022, a different Walgreens pharmacist stated to investigators that she
could not reverse the billing for any controlled drugs.
129. For many patients in rural areas, a Walgreens pharmacy is the only pharmacy located
within close proximity to where they live, making it difficult to change pharmacies.
130. Unexpected pharmacy closures lead to increased workload for Walgreens pharmacists
and pharmacy staff and unsafe pharmacy conditions following such closures.
131. Many patients who cannot afford to pay out-of-pocket have gone without medications
because their local Vermont Walgreens has already billed insurance and is closed
without notice.
132. During OPR’s investigation, Walgreens Corporation refused to disclose specific

information Walgreens Corporation utilizes to determine pharmacy staffing
requirements, claiming it was proprietary information.
IV. Lack of Phone Accessibility
133. In addition to patients experiencing a lack of accessibility to pharmacy services and

prescriptions caused by unexpected store closures and billing issues, numerous
complaints made regarding Walgreens in 2020 and 2021 arose from a lack of
patient/customer access caused by Respondent Corporation’s phone system not
STATE OF VERMONT functioning properly; informing callers that a particular store was open when, in fact,
the store was closed unexpectedly during regular business hours; and/or not routing
calls from closed locations to open locations.
134. In 2021, lack of appropriate access via telephone to Vermont Walgreens locations
directly and negatively impacted patient care, in particular for Patients E.M. (Store
#17379, Wilmington) and Patient G.F. (Store #18090, St. Johnsbury).
Office of
89 Main Street
19
3rd Floor
Montpelier, VT
05620-3402
135. Between March 2 and March 10, 2021, the phone system for Store #17185 (Hardwick)
experienced significant outages which resulted in patients not being able to speak to
pharmacy staff by phone and not being able to use credit or debit cards at the store.
136. In August 2021, Store #17185 (Hardwick) again experienced significant phone system
issues in which calling parties were not able to connect to pharmacy staff.
137. A pharmacist from an outside pharmacy who was attempting to call Store #17185 to
transfer an elderly patient’s insulin prescription filed a complaint regarding the
Hardwick Store phone issue due to its direct negative impact on patient care.
138. While Respondent Corporation’s phone system did indicate the pharmacy was closed,
it did not route the calls to an open Walgreens pharmacy location.
V. Interruption of Pharmacy Services After Acquisition of Independent Pharmacy in

August 2020
139. In August 2020, Respondent Corporation acquired the retail pharmacy business of an
independent pharmacy located in Rutland, Vermont.
140. Upon the acquisition, Respondent Corporation did not notify patients whose
prescriptions had transferred to Walgreens, so patients contacted their former
pharmacy, found it closed and learned their prescriptions had been transferred to
Walgreens without warning or notice.
141. Many patients did not want their prescriptions transferred to Store #01756 (Rutland)
and contacted another local pharmacy to have their prescriptions transferred there.
142. Respondent Corporation’s pharmacy system was not able to electronically integrate all
patient prescriptions from the pharmacy it acquired into its own system.
143. After the acquisition, Respondent Corporation learned that the pharmacy it acquired
provided specialized prescription services that Respondent Corporation was not able
to provide, such as certain blister-packed medications.
144. Due to system integration issues, Store #01756 was not able to identify all patients and
prescriptions that were transferred into Walgreens, which caused delay in patient
prescriptions being filled.
STATE OF VERMONT 145. Store #01756 was also not able to send via electronic transfer prescriptions to the local
pharmacy where many patients wanted their prescriptions to go, which caused delay in
patient prescriptions being filled.
146. Store #01756 was not able to timely transfer many patient prescriptions to the other
local pharmacy where patients wanted their prescriptions to go, so the receiving
pharmacy had to directly contact the prescribers for the patients’ prescriptions in order
to get the medications to the patients in a timely manner.
Office of
89 Main Street
20
3rd Floor
Montpelier, VT
05620-3402
VI. Stores Operating Without a Pharmacist-Manager
147. BOP Rules Part 6 provide that the designated Pharmacist-Manager of a pharmacy is
responsible for important pharmacy duties and standards in each retail pharmacy.
Pharmacist-Manager must be physically present in a retail pharmacy for a sufficient
amount of time to provide supervision and control over the security and pharmacy
practice in the pharmacy.
148. BOP Rule 1.10(37) defines a “Pharmacist-Manager,” also referred to as “Pharmacist

in Charge” or “PIC,” as:
a pharmacist currently licensed in this state who has held and

unencumbered license in this or another state for at least two years,
who accepts responsibility for the operation of a pharmacy in
conformance with all laws and rules pertinent to the practice of
pharmacy and the distribution of drugs, and who is personally in full
and actual charge of such pharmacy and personnel.
149. BOP Rule 6.3 sets forth required duties of the pharmacist-manager, which include:
enforcing security standards in the prescription area; assuring pharmacy employees are
properly licensed; reporting to the BOP any disciplinary action taken against
employees for diversion or violation of BOP rules; and filing reports required by
federal and state law, among other required duties.
150. The role of Pharmacist-Manager is so critical to the safe functioning of retail

pharmacies that numerous BOP Rules require a retail pharmacy to have a designated
Pharmacist-Manager.
151. BOP Rule 6.1 provides: “Pharmacist-Manager Required. No pharmacy may operate
unless its designated pharmacist-manager has been approved by the Board.”
152. BOP Rule 7.5 provides: “No pharmacy shall be operated without a designated
pharmacist-manager approved by the Board.”
153. BOP Rules, Part 9 Standards for Pharmacies provide in Rule 9.1(a): “Minimum
requirements for a pharmacy: (a) No pharmacy may operate without a designated
pharmacist-manager.”
154. Between June 18, 2020 and August 11, 2020, Store #01756 (Rutland) operated
STATE OF VERMONT without a designated pharmacist-manager approved by the Board.
155. Between September 22, 2020 to October 4, 2020, Store #18265 (Brandon) operated
without a designated pharmacist-manager approved by the Board.
156. Between December 17, 2020 and April 12, 2021, Store #19233 (Bellows Falls)
operated without a designated pharmacist-manager approved by the Board.
Office of
89 Main Street
21
3rd Floor
Montpelier, VT
05620-3402
157. Between May 6, 2021 and May 24, 2021, Store #19233 (Bellows Falls) operated
158. Between May 28, 2021 to September 21, 2021 Store #07270 (Canal Street,
Brattleboro) operated without a designated pharmacist-manager approved by the
Board.
159. Beginning September 24, 2021 and continuing to February 17, 2022, Store #19795
(St. Albans) operated without a designated pharmacist-manager approved by the
Board.
160. Respondent Corporation asked the pharmacist-manager for Store #19346 (Enosburg
Falls) to also fill the pharmacist-manager position at Store #19795 in St. Albans, a
request the pharmacist-manager declined.
161. Beginning October 8, 2021 and continuing at least to March 15, 2022, Store #17471,
(Susie Wilson Road, Essex Junction) has operated without a designated pharmacist-
manager approved by the Board.
162. Between December 21, 2021 and May 3, 2022, Store #18090 (St. Johnsbury) operated
VII. Controlled Drug Inventories Filed with the Board When Pharmacist-Manager
Changed at Various Walgreens Locations
163. BOP Rule 6.7 also imposes important requirements on retail pharmacies which govern
“Change of Pharmacist-Manager,” including that the outgoing pharmacist-manager
shall conduct a physical written inventory of all controlled drugs, explain any
discrepancies in full, certify the inventory as true and correct, ad retain a copy for his
or her records.”
164. The incoming pharmacist-manager must certify the inventory as true and correct and
both the outgoing and incoming pharmacist-manager must sign the inventory of
controlled drugs and file it with the BOP.
165. Between 2019 and 2022, controlled drug inventories conducted for the following
stores when the designated pharmacist-managers changed did not have the required
signatures of the outgoing pharmacist-managers or Walgreens Corporation:
STATE OF VERMONT a. Store #18354 Fair Haven;

b. Store #01756 Rutland;
c. Store #17518 Barre;
d. Store #18265 Brandon;
e. Store #19233 Bellows Falls;
f. Store # 07270 Canal Street, Brattleboro;
g. Store #18375 Middlebury;
h. Store #19795 St. Albans;
Prosecuting Attorney i. Store #17749 Lyndonville;
Office of
89 Main Street
22
3rd Floor
Montpelier, VT
05620-3402
j. Store #17471 Susie Wilson Road, Essex;
k. Store #17447 South Burlington;
l. Store #17185 Hardwick;
m. Store #18090 St. Johnsbury.
VIII. Change in Pharmacist-Manager Application and Controlled Drug Inventory for

Store #18090 (St. Johnsbury) in May 2022
166. On or about May 3, 2022, Respondent Corporation submitted an Application for

Instate Pharmacy Change in Manager (“Application”) for Store #18090 (St.
Johnsbury).
167. On the Application, a pharmacist with the initials “S.G.” was identified as the “Name
of the Current Pharmacist Manager (outgoing)” but no license number was listed for
S.G.
168. The new incoming Pharmacist-Manager was identified in the Application as “N.F.”
with an accompanying license number.
169. Under the pains and penalties of perjury, certifying that all information provided in the
Application was true and accurate, and subject to criminal charges and unprofessional
conduct charges, both S.G. and N.F. signed the Application on April 7, 2022.
170. In addition, and also under the same pains and penalties of perjury and certification of
truth and accuracy, “B.B.,” an individual who is identified as the “Vice President,”
signed in the box for “Name and Title of Owner or Corporate Officer” on April 27,
2022.
171. The Change in Pharmacist in Charge Inventory that accompanied the Application was
dated March 14, 2022 and appears to have only the signature of N.F., the incoming
Pharmacist-Manager, in two places.
172. N.F. reported he began working as the Pharmacy Manager at Store #18090 on March
14, 2022.
173. On May 26, 2022, OPR communicated with Respondent Corporation inquiring about
the information in the form because a Pharmacy Manager Application was never
submitted by Respondent Corporation to OPR for S.G. to be the designated Pharmacy
Manager in St. Johnsbury.
STATE OF VERMONT
174. The written response from the Area Healthcare Supervisor indicated that the
previously approved Pharmacist-Manager for Store #18090, “V.M.,” had departed that
position in December 2021, and the Pharmacist-Manager position was not filled until
N.F. started working at the St. Johnsbury location.
175. The Area Healthcare Supervisor acknowledged that S.G. had never been a pharmacist-
manager at Store #18090 and claimed S.G. “signed as a witness on [N.F.]’s Controlled
Prosecuting Attorney Substance inventory and application.”
Office of
89 Main Street
23
3rd Floor
Montpelier, VT
05620-3402
176. At the time she signed the Pharmacy Manager Application, S.G. was a licensed
pharmacist but was an intern at Store #18090 because she was new to working for
Respondent Corporation.
177. Incoming Pharmacist-Manager N.F. confirmed there was not a second pharmacist at
Store #18090 when he conducted the controlled drug inventory on March 14, 2022.
IX. Unsafe Conditions and Accessibility Issues at Specific Locations
178. Unsafe conditions in Respondent Corporation’s pharmacies in Vermont have resulted

in heightened risk of prescription errors, vaccine administration errors, and risk of
patient harm.
179. In 2021, a recurring complaint from Walgreens pharmacy staff has been that the
Respondent Corporation’s vaccine scheduler, an online program that allows
Walgreens customers to schedule vaccination appointments, permitted such high
volumes of appointments, at times as many as one appointment every 5 to 10 minutes,
that the pharmacy was unable to safely operate with the number of pharmacy staff
present.
180. Neither the pharmacy manager, nor the staff pharmacist at each Vermont Walgreens
location had the capability or authority to reduce or eliminate vaccine appointments in
order to maintain safe staffing levels and pharmacy conditions in their stores.
181. In July 2021, a corporate employee of Walgreens informed the OPR Investigator that
Respondent Corporation did not have any policies that specifically addressed staffing
levels in the context of COVID vaccine administration.
A. Store #17749 (Pearl Street, Essex Junction)
182. In October 2021, Store #17749 (Pearl Street, Essex Junction) experienced unsafe
pharmacy conditions due to staffing shortages.
183. On Monday, October 11, 2021, the pharmacist at Store #17749 had an estimated 200
prescriptions to fill and over 80 immunizations scheduled, in addition to other
pharmacist duties, with only the help of one pharmacy technician for eight hours.
184. When the pharmacist contacted Respondent Corporation’s District Manager and
informed the District Manager of the workload, the District Manager told the
STATE OF VERMONT pharmacist to figure it out.
185. When the pharmacist suggested to the Respondent Corporation’s District Manager that
the scheduled vaccination appointments would need to be cancelled to maintain a safer
workload, the District Manager informed the pharmacist that cancellation of vaccine
appointments was not permitted but did not offer further assistance.
Office of
89 Main Street
24
3rd Floor
Montpelier, VT
05620-3402
186. On Wednesday, October 13, 2021, the pharmacist at Store #17749 again had an
estimated 240 prescriptions to fill and 85 immunizations to administer, in addition to
other pharmacist duties, and again with only the help of one pharmacy technician for
eight hours.
187. Essentially, the Walgreens vaccine scheduler was allowing an immunization to be

scheduled approximately every five minutes.
188. The pharmacist for Store #17749 characterized the working conditions at the store as
unsafe.
189. The pharmacist for Store #17749 gave her notice in October 2021 because of the
unsafe conditions.
190. In one week alone between October 5 and October 12, 2021, there were at least two
pharmacy errors, including a patient who was given a Pfizer booster vaccine instead of
the regular flu shot the patient requested.
191. In October and early November 2021, vaccine appointments at Store #17749 ranged
from 36 to 66, and many of those patients sought multiple vaccines per appointment.
B. Store #17471 (Susie Wilson Road, Essex Junction)
192. In the months leading up to and including October and November 2021, Store #17471
(Susie Wilson Road, Essex Junction) experienced unsafe pharmacy conditions due to
inadequate staffing levels for the pharmacy workload.
193. Each day, the workload at Store #17471 included filling over 200 prescriptions,
administering 40-60 Covid tests, administering 40-80 scheduled immunizations, and
administering regular flu shots.
194. Respondent Corporation also tasked Store #17471 with unscheduled walk-in
Walgreens employee Covid testing.
195. The pharmacist-manager at Store #17471 worked 12-hour shifts daily, would report
early for her shifts and stay late after her shifts, and was asked to work on her days off.
196. The pharmacist-manager for Store #17471 was even required to work during a time
when her significant other, with whom she resided, was Covid-positive.
STATE OF VERMONT
197. As a result of the workload and lack of time off, the pharmacist experienced burn-out
and compromised mental health. However, the pharmacist’s requests for time off were
often denied, even though she had accumulated over 200 hours of vacation time.
198. When the pharmacist-manager of Store #17471 reached out to Respondent

Corporation on many occasions to express her concerns about the untenable workload
and stressful conditions, Respondent Corporation failed to provide any assistance and
Prosecuting Attorney told the pharmacist-manager to “be patient” and “be a leader.”
Office of
89 Main Street
25
3rd Floor
Montpelier, VT
05620-3402
199. When the pharmacist-manager reported to Respondent Corporation that staff of Store
#17471 did not have time to complete the lab paperwork required for the walk-in
Walgreens employee Covid testing, Respondent Corporation’s district manager
instructed the pharmacist-manager to give the Covid tests to the employees and deal
with the paperwork later.
200. The pharmacist-manager for Store #17471 observed there was no ability for social
distancing in the store with the number of immunization appointments scheduled, that
having waiting rooms full of unvaccinated people was unsafe, and requests to
management for reduce appointments or testing were disregarded.
201. The pharmacist-manager for Store #17471 reported that pharmacy staff was not able
to answer the phone most days.
202. On September 1, 2021, OPR received a complaint about Store #17471 from a staff
member of an external pharmacy.
203. The staff member from the external pharmacy reported that its patient requested a
transfer of the patient’s prescription for a medication the patient needed immediately
from Store #17471 to the external pharmacy.
204. The staff member from the outside pharmacy called Store #17471 and was put on hold
for over ten minutes, then the phone was picked up and hung up without addressing
the caller. The staff member called Store #17471 again, was placed on hold for ten
minutes, and again the phone was picked up and hung up without addressing the
caller.
205. In October 2021, the pharmacist-manager for Store #17471 resigned due to the
“horrible pharmacy practices” resulting from the lack of resources and support from
Respondent Corporation.
206. When the pharmacist-manager gave her notice, Respondent Corporation attempted to
retain her as an employee and asked what could be done to make her stay.
207. When the pharmacist manager requested fewer hours, additional compensation,
additional staff, and less testing, Respondent Corporation denied those requests and
stated they could only reduce testing at the store for two weeks.
208. In November 2021, a floater pharmacist working at Store #17471 informed a caller
STATE OF VERMONT who called on the phone to inquire if the pharmacy was open that the pharmacy was
“barely open” and whatever prescription the caller was looking for “probably wasn’t
ready” due to lack of pharmacy staff.
209. The floater pharmacist admitted to OPR Investigators that he made mistakes due to the
unsafe and untenable workload at Store #17471, including administering two empty
vaccinations with no medication in them to patients.
Office of
89 Main Street
26
3rd Floor
Montpelier, VT
05620-3402
210. When the floater pharmacist reported unsafe workload and lack of staffing issues to
Walgreens Corporation District Manager, he was told “figure it out” and “we need to
be Netflix, not Blockbuster.” Walgreens Corporation provided no assistance in
response to the floater pharmacist’s plea for help.
211. The floater pharmacist reported that Walgreens previously employed immunization
nurses to administer vaccines, but no longer does so.
212. The floater pharmacist reported that conditions at Store #17471 were unsafe.
213. Due to the unsafe conditions, lack of support from Respondent Corporation and the
untenable workload, the floater pharmacist gave his notice in November 2021 and quit
prior to Thanksgiving.
214. On December 1, 2021, the pharmacist who filled in after the floater pharmacist at
Store #17471 resigned was not made aware by Respondent Corporation that the floater
pharmacist resigned.
215. When the floater pharmacist resigned from Store #17471, a controlled drug count was
not conducted and the pharmacist who temporarily filled the role was not aware of the
status of the controlled substance inventory for the store.
216. As of December 1, 2021, Store #17471 had no staff pharmacist and no pharmacist-
manager.
C. Store #11526 (Farrell Street, Burlington)
217. In the months leading up to and including November 2021, the Walgreens Store
#11526 located at Farrell Street in Burlington experienced unsafe pharmacy
conditions.
218. On September 16, 2021, the Pharmacist-Manager of Farrell Street completed a DEA
[Drug Enforcement Administration] Form 106 Report of Theft or Loss of Controlled
Substances.
219. In the Form 106, the pharmacist-manager reported the suspected employee theft of
100-5mg tablets of Oxycodone HCL, a Schedule II Narcotic, that occurred in July
2021.
STATE OF VERMONT 220. The Farrell Street Store discovered the loss of the Oxycodone during a monthly
Schedule II count on July 27, 2021, but did not ascertain what caused the loss and did
not report to the DEA for several months.
221. A pharmacist from the Farrell Street location reported having more than 200
prescriptions each day to fill and 50 to 80 vaccinations to administer each day in
addition to other pharmacist duties.
Office of
89 Main Street
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3rd Floor
Montpelier, VT
05620-3402
222. In addition to vaccinations to administer and prescriptions to fill, the Farrell Street
location was conducting over 30 Covid tests daily in September and October 2021.
223. Due to being overwhelmed by the workload and dealing with frustrated customers, a
pharmacist from Farrell Street reported crying in front of patients on multiple
occasions.
224. A pharmacist at the Farrell Street location indicated that she was only able to fill
prescriptions for patients who were waiting at the window and was unable to fill
prescriptions in advance for patients.
225. A pharmacist at the Farrell Street location indicated that as a result of the workload
and understaffing, she was not able to do the prescription verifications that she needed
to do.
226. A pharmacist at the Farrell Street location indicated that she has noted an increase in
prescription errors and vaccine administration errors due to the workload, including a
patient who was given an incorrect dosage of a prescription which resulted in the
patient experiencing low blood pressure, dizziness, and fogginess.
D. Store #17518 (Barre)
227. In June 2020, a pharmacist-manager who had just started working in Store #17518
(Barre) reported that the store was experiencing unsafe conditions due to the
unsustainable volume of work for the pharmacy staff allotted by Respondent
Corporation.
228. The pharmacist-manager also reported the controlled drug inventory was not accurate
because staff did not have adequate time to conduct inventories.
229. The pharmacist-manager reported that the workload pressure on pharmacy staff
encouraged them to take short cuts and engage in unsafe practice.
230. The pharmacist-manager submitted his immediate resignation and explained that he
felt the pharmacy should be shut down.
231. In the months leading up to and including November 2021, Store #17518 experienced
unsafe pharmacy conditions due to a lack of adequate staff for the pharmacy
workload.
STATE OF VERMONT
232. During the relevant time, a pharmacy staff member of Store #17518 estimated the
pharmacy filled approximately 300 prescriptions per day.
233. Through the online vaccine scheduler, Store #17518 had between 30 and 60 vaccine
appointments per day, which, with multiple vaccines per appointment possible,
resulted in an additional number of actual vaccines administered each day.
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234. Store #17518 had two pharmacists and three to four pharmacy technicians who
worked various parttime hours.
235. Pharmacists for Store #17518 were asked to work come in early for their shifts due to
the workload.
236. A pharmacist for Store #17518 reported feeling unsafe and contacted Respondent
Corporation to report problems with the workload.
237. A supervisor for Respondent Corporation told the pharmacist to “do the best she could
do,” but failed to provide help or assistance.
238. In early November 2021, Respondent Corporation’s vaccine scheduler allowed

vaccine appointments at Store #17518 to be scheduled every ten minutes.
E. Store #17185 (Hardwick)
239. In the months leading up to and including November 2021, Store #17185 (Hardwick)
experienced unsafe pharmacy conditions.
240. Store #17185 is closed on the weekends, which increases the workload on Mondays
and Fridays.
241. During the relevant time, Store #17185 had one pharmacist.
242. Pharmacy staff for Store #17185 estimated that the pharmacy averaged approximately
300 prescriptions to fill each day and up to 50 or more immunizations to administer
each day.
243. Just prior to mid-November 2021, Respondent Corporation reduced the number of
vaccine appointments available in the online scheduler from one appointment every
ten minutes (which could include more than one immunization) to 30 vaccine
appointments each day.
244. The lack of adequate staff for the workload at Store #17185 created unsafe pharmacy
conditions.
245. A pharmacy staff member reported that the number of prescriptions to fill and
immunization appointments resulted in an increase in pharmacy errors and normal
STATE OF VERMONT day-to-day pharmacy functions, such as ordering controlled medications, not being
performed.
F. Store #07270 (Canal St., Brattleboro)
246. In the months leading up to and including November 2021, Store #07270 (Canal St.,
Brattleboro) experienced unsafe pharmacy conditions due to inadequate staffing levels
for the pharmacy workload and due to the lack of a pharmacy-manager.
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247. During the relevant time, Store #07270 had one pharmacy manager, four full-time
pharmacy technicians, one part-time pharmacy technician, and, at times, a floater
pharmacist. The staff pharmacist recently quit.
248. A pharmacy staff member estimated that on a daily basis during the relevant time,
Store #07270 filled approximately 250 to 500 prescriptions, conducted 30 to 35
vaccine appointments (approximately 50 immunizations) and an estimated 50 Covid
tests.
249. A pharmacy staff member reported that on a few days in November 2021, Store
#07270 processed an estimated 600 prescriptions with only one pharmacist.
250. A pharmacy staff member reported that between January 1, 2021 and November 15,
2021, Store #07270 reported over 20 medication errors to Respondent Corporation.
251. Store #07270 operated without a Pharmacist-Manager between May 2021 and
September 21, 2021.
252. The new pharmacist-manager previously worked for Walgreens in Vermont. He was
laid off and then rehired by Respondent Corporation for $2.65 less in per hour pay.
He was then offered a $50,000.00 bonus for taking the pharmacist-manager job, but
would lose that bonus and have to repay it if he left or was fired within two years.
253. In mid-September 2021, prior to the start of the new Pharmacist-Manager for Store
#07270, Patient D.F. attempted to pick up a prescription for Fentanyl transdermal
patches ordered by his physician.
254. Patient D.F. received a text message stating that his prescription was ready for pick up.
255. When Patient D.F. arrived to Store #07270, pharmacy staff informed him that his
prescription could not be completely filled because the store did not have enough
patches and there was not an authorized pharmacist who could order the controlled
drug.
256. Pharmacy staff informed Patient D.F. that his physician should submit a prescription
for five patches, the number the pharmacy had on hand, which would have required
Patient D.F. to pay an additional $40 co-pay.
257. Pharmacy staff attempted to work with the store manager for a solution to compensate
STATE OF VERMONT Patient D.F. for the additional $40 co-pay that he would have to pay for the smaller
number of patches since the store had run out. However, the store manager was not
able to fully compensate Patient D.F. for the additional $40 co-pay.
G. Store #19795 (St. Albans)
258. In October and November 2021, Store #19795 (St. Albans) experienced unsafe
pharmacy conditions due to inadequate staffing levels for the pharmacy workload and
Prosecuting Attorney no pharmacist manager.
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259. During the relevant time, Store #19795 was staffed only by a floating pharmacist and
pharmacy technicians. The store had no pharmacist-manager.
260. As of mid-November 2021, staff reported that Store #19795 was an estimated two
hundred prescriptions behind.
261. The floating pharmacist was the sole pharmacy staff member trained to administer
vaccines and administered between 30 and 60 vaccines per day.
H. Store #18090 (St. Johnsbury)
262. In 2021, Store #18090 (St. Johnsbury) operated with one pharmacist and three
pharmacy technicians.
263. In the last quarter of 2021, a pharmacy staff member estimated that Store #18090
filled approximately 300 prescriptions per day and had approximately 60 vaccination
appointments scheduled per day.
264. Respondent Corporation reduced the number of vaccination appointments to one

appointment every thirty minutes and a significant number of those appointments
included more than one vaccine.
265. A pharmacy staff member from Store #18090 reported that they often begin the day
with prescriptions from the previous day still to fill, at times almost 100 from the prior
day.
266. Prescriptions at Store #18090 were primarily filled when the patients come into the
store, as the pharmacy staff does not have time to fill prescriptions in advance.
267. A pharmacy staff member reported having a complete lack of guidance or protocols
from Respondent Corporation regarding ways to keep vaccine dosages separated and
organized to ensure patient safety.
268. On November 13, 2021, three children were scheduled to receive the Children Ages 5-
11 dose of the Pfizer-BioNTech Covid vaccine at Store #18090.
269. Pfizer-BioNTech Covid vaccines are normally diluted with sodium chloride sterile
diluent at the pharmacy.
STATE OF VERMONT
270. The vaccines administered to the three children on November 13, 2021 were
erroneously mixed with bacteriostatic sodium chloride, a diluent that has not been
approved for use with the vaccine.
271. On November 16, 2021, Respondent Corporation notified the parent of two of the
children who received incorrect vaccines and advised the parent to reschedule the
children for another dose of the vaccine as soon as possible.
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I. Store #18977 (Morrisville)
272. In April and May 2021, Store #18977 (Morrisville) experienced unsafe conditions due
to inadequate staffing levels for the pharmacy workload and no pharmacist manager.
273. In the months leading up to April 2021, Store #18977 operated with one pharmacist
and one pharmacy technician doing sixty to seventy vaccinations each day (one
vaccination approximately every five minutes), in addition to fielding phone calls and
the normal workload associated with filling prescriptions and running a pharmacy.
274. On April 9, 2021, pharmacy staff who opened Store #18977 found the safe containing
Schedule II Controlled Substances ajar.
275. The same day, pharmacy staff member found a Schedule II Controlled Drug on the
main shelves and not in the safe, as well as two discrepancies between the amounts
identified on the inventory of Schedule II Controlled Drugs versus the amounts
actually in the store.
276. In the following days, more discrepancies were discovered between the Schedule II
Controlled Drug inventory versus what was in the store.
277. Due to the untenable workload for the available staff and stressful conditions, the
pharmacist-manager of Store #18977 asked to be re-assigned to a floating pharmacist
position.
278. The same pharmacist-manager indicated he had been unable to keep up with Schedule
II Controlled Drug inventories for some time due to the workload at Store #18977 and
that he sometimes left the safe door open because it was tricky and on a three-minute
delay between inserting the key and the opening of the safe.
X. Out-of-Stock Medications and Delays in Filling Prescriptions
279. In October 2020, a nurse from Southwestern Vermont Health Care reported that her
patient with Type I Diabetes had called Store #17379 (Wilmington) earlier in the week
on October 22, 2020 to obtain a refill of his NovoLog, an insulin commonly used for
diabetes patients.
280. When the patient went to pick up his NovoLog prescription at Store #17379 on
October 23, 2020, pharmacy staff informed him they could not fill the prescription and
STATE OF VERMONT that he would have to go to the emergency room to get some prior to running out.
281. In November 2020, Patient E.M. attempted to get a refill of her blood pressure/heart
medication from Store #17379 (Wilmington).
282. When she went to pick up the prescription two days after it was called in, a pharmacy
staff member informed her that they would not be able to refill the prescription for
four more days and they did not have a small amount on hand to tide her over when
Prosecuting Attorney her prescription ran out.
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283. Store #17379 informed Patient E.M. that her prescription could not be transferred.
Patient E.M. went three days without her medication and experienced a significant
increase in her blood pressure, which distressed her.
284. In April 2021, Patient M.H. attempted to fill a prescription for acetaminophen with
codeine #3 at Store #18418 (Putney Road, Brattleboro).
285. Patient M.H.’s oral surgeon called in the prescription on Monday, April 26, 2021.
286. Patient M.H. called Store #18418 each day thereafter asking if her prescription was
ready.
287. Each day, pharmacy staff informed Patient M.H. that her prescription was not ready
because the pharmacy was “running behind on prescriptions due to Covid vaccines.”
288. Patient M.H. was able to pick up her pain reliever on Friday, April 30, 2021.
289. By the time the pharmacy filled Patient M.H.’s prescription, she did not need it
anymore because her recovery from the oral surgery went well and she only needed
over-the-counter pain reliever.
290. In January 2022, Patient T.P. went to Store #17183 (Colchester) to request a transfer
of a prescription to another pharmacy because the medication was over $75 cheaper at
a competing pharmacy.
291. Patient T.P. reported that staff at Store #17183 refused to transfer his prescription and
he was forced to purchase it for the higher price at Walgreens.
XI. Other Patient/Customer Complaints
A. Store #19233 (Bellows Falls)
292. On January 26, 2021, Patient A.J. filled a prescription for Fluoxetine at Store #19233
(Bellows Falls).
293. In late February 2021, Patient A.J. realized that instead of receiving 10mg pills of the
medication, she received 20mg pills, which resulted in Patient A.J. having a higher
dosage of the medication than the dosage ordered by her physician for almost an entire
STATE OF VERMONT month.
294. The pharmacy technician who made the error in filling Patient A.J.’s prescription
indicated that due to staff turnover, constant change in pharmacists, and Covid, the
work environment at Store #19233 is “very hectic” and stressful.
295. The pharmacist who reviewed the complaint believed the error in filling Patient A.J.’s
prescription was caused by a returned-to-stock bottle of 20mg pills being placed in the
Prosecuting Attorney wrong section of the shelving with the 10mg bottle.
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B. Store #18020 (Manchester)
296. On February 5, 2021, pharmacy staff at Store #18020 (Manchester) filled a

prescription for Nortriptyline, an anti-anxiety medication, for Patient A.F., a minor.
297. Patient A.F. had orders for three 10mg tablets, twice daily or 60 mg per day.
298. Because the prescription was for several months of medication, 540 capsules, Patient
A.F. received six bottles of medication, five of which were unopened stock bottles
with 100 capsules in each.
299. Patient A.F. used the first bottle of medication without incident.
300. In March 2021, Patient A.F. developed significant physical symptoms of unknown
origin, including shaky hands, blurred vision, nausea, balance issues, hallucinations,
and high blood pressure.
301. Patient A.F. was unable to attend school in person due to the symptoms.
302. After an inconclusive doctor visit, Patient A.F.’s mother inspected the medication and
realized the capsules looked different than Patient A.F.’s normal 10 mg capsules.
303. Upon closer inspection, Patient A.F.’s mother discovered “NTP50” printed on each
capsule and learned that A.F. had been taking three 50 mg capsules twice each day, or
300 mg per day.
304. After her doctor had her stop taking the medication, Patient A.F. continued to
experience significant symptoms for several days, including hallucinations, until the
symptoms subsided.
305. The pharmacist at Store #18020 indicated the 50 mg bottle of medication was in the
wrong location on the shelf and, rather than scanning each bottle, the pharmacy
technician likely scanned the same stock bottle five times to generate the labels.
306. The pharmacy technician who filled the prescription indicated she likely grabbed the
wrong bottle off the shelf but did not specifically recall.
307. In March and April 2021, Patient M.Z. received her two Covid vaccines at Store
#18020 (Manchester).
STATE OF VERMONT
308. When Patient M.Z. received her booster vaccine in November 2021, she learned that
Store #18020 had not submitted her vaccine information to the Vermont Department
of Health.
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Montpelier, VT
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XI. Discipline Against Pharmacy Chain
309. 26 V.S.A. § 2053(b) provides:
Drug outlets under common ownership and control constitute a chain.

Discipline against anyone drug outlet in a chain may be imposed
against all drug outlets in a chain, provided the State alleges in a
specification of charges and the Board subsequently finds:
(1) unprofessional conduct has occurred at one or more drug outlets;
(2) the unprofessional conduct is attributable to pharmacy or pharmacy
business-related policies, procedures, systems, or practices of the chain
whether or not those practices manifested in unprofessional conduct at
each location; and
(3) imposition of disciplinary sanctions or conditions against all drug
outlets in the chain is appropriate to protect the public.
310. The multiple instances of unprofessional conduct that have occurred throughout
Respondent Walgreens Company’s store locations in Vermont have resulted from
Respondent Corporation’s pharmacy business-related policies, procedures, systems,
and practices of the Walgreens chain; therefore, discipline against Respondent
Company and all Vermont locations for the violations set forth below is appropriate to
protect the public and proper under Vermont law.
Violation One: 26 V.S.A. § 2053(a)(1) Introducing or enforcing policies and

procedures related to the provision of pharmacy services in a manner that results
in deviation from safe practice.
311. Paragraphs 2 through 310 above are incorporated herein.
312. Vermont law prohibits a licensee from introducing or enforcing policies and
procedures related to the provision of pharmacy services in a manner that results in
deviation from safe practice.
313. Paragraphs 2 through 310 above demonstrate that Respondent Corporation introduced
and enforced policies, practices, and procedures related to the provision of pharmacy
services that resulted in deviation from safe practice, including but not limited to:
operating pharmacies without a pharmacist-manager; failing to conduct appropriate
perpetual and controlled substances inventories; allowing the online scheduling of
vaccine appointments by patients without regard for staffing levels or safety in the
STATE OF VERMONT pharmacies; requiring pharmacies to operate with unsafe staffing levels in light of the
number of vaccine appointments scheduled in addition to the regular pharmacy
workload; failing to allow staff to use vacation time; not permitting pharmacists to
control the number of vaccine appointments; structuring in-store policies/procedures
such that non-pharmacist store managers supervise pharmacists, pharmacy staff, and
operation of the pharmacy; failing to adequately/appropriately train pharmacy staff
regarding storage/organization practices, administration of vaccines, and reverse-
billing; and generally failing to provide adequate support and staffing so that
Prosecuting Attorney pharmacies could operate safely.
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Montpelier, VT
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314. The act(s), omission(s), and/or circumstance(s) described above constitute grounds for
discipline because Respondents have committed unprofessional conduct in violation of
26 V.S.A. § 2053(a)(1) and (b).
Violation Two: 26 V.S.A. § 2053(a)(2) Unreasonably preventing or restricting a

patient’s timely access to patient records or essential pharmacy services.
316. Vermont law prohibits Respondents from unreasonably preventing or restricting a

patient’s timely access to patient records or essential pharmacy services.
317. Paragraphs 2 through 138, 279 through 291 above demonstrate that Respondents
unreasonably prevented or restricted patients’ timely access to essential pharmacy
services when the retail pharmacy locations were closed unexpectedly and without
adequate notice to patients.
318. Paragraphs 2 through 138 above demonstrate that Respondents unreasonably

prevented or restricted patients’ timely access to essential pharmacy services when the
phone systems did not function or did not provide current information regarding the
location’s status.
26 V.S.A. § 2053(a)(2) and (b).
Violation Three: 26 V.S.A. § 2053(a)(3) Failing to identify and resolve conditions

that interfere with a pharmacist’s ability to practice with competency and safety
or create an environment that jeopardizes patient care, including by failing to
provide mandated rest periods.
321. Vermont law requires Respondent Corporation to identify and resolve conditions that
interfere with a pharmacist’s ability to practice with competency and safety or create
an environment that jeopardizes patient care, including by failing to provide mandated
rest periods.
322. Paragraphs 2 through 310 above demonstrate that Respondent failed to identify and
STATE OF VERMONT resolve conditions that interfere with a pharmacist’s ability to practice with
competency and safety or create an environment that jeopardizes patient care.
26 V.S.A. § 2053(a)(3) and (b).
Office of
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3rd Floor
Montpelier, VT
05620-3402
Violation Four: 26 V.S.A. § 2053(a)(4) Repeatedly, habitually, or knowingly
failing to provide resources appropriate for a pharmacist of reasonable diligence
to safely complete professional duties and responsibilities, including: (A) drug
utilization review; (B) immunization; (C) counseling; (D) Verification of the
accuracy of a prescription; (E) all other duties and responsibilities of a
pharmacist under State and federal laws and regulations.
325. Under Vermont law, Respondent Corporation must provide appropriate resources for a
pharmacist of reasonable diligence to safely complete professional duties and
responsibilities, including: (A) drug utilization review; (B) immunization; (C)
counseling; (D) verification of the accuracy of a prescription; and (E) all other duties
and responsibilities of a pharmacist under State and federal laws and regulations.
326. Paragraphs 2 through 310 above demonstrate that Respondent Corporation failed to
provide appropriate resources for a pharmacist of reasonable diligence to safely
complete professional duties and responsibilities, including: (A) drug utilization
review; (B) immunization; (C) counseling; (D) verification of the accuracy of a
prescription; and (E) all other duties and responsibilities of a pharmacist under State
and federal laws and regulations.
discipline because Respondent has committed unprofessional conduct in violation of
26 V.S.A. § 2053(a)(4).
Violation Five: 3 V.S.A. § 129a(a)(3) Failing to comply with provisions of federal

or State statutes or rules governing the practice of the profession (incorporating
Chapter 36 of Title 26 of Vermont Statutes Annotated and the Administrative
Rules of the Vermont Board of Pharmacy).
329. Vermont law requires Respondents to comply with provisions of federal or State
statutes or rules governing the practice of the profession, which includes profession-
specific statutes set forth in Chapter 36 of Title 26 of Vermont Statutes Annotated and
the Administrative Rules of the Vermont Board of Pharmacy (“BOP”).
330. Under Vermont law, a retail drug outlet “shall be managed by licensed pharmacists
STATE OF VERMONT who have held an unrestricted license in this or another state for at least one year. A
pharmacist who holds a restricted license may petition the Board for permission to be
a pharmacist manager, which may be granted by the Board for good cause shown.” 26
V.S.A. § 2061(e).
331. Paragraphs 12, 13, 147 through 181 demonstrate the Vermont Walgreens locations are
not managed as required under Vermont law.
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332. Because the Vermont Legislature has imposed by statute the requirement that each
retail drug outlet must have a pharmacist manager, the Board of Pharmacy may not
waive the requirement.
333. In addition, BOP Rules Part 6 provide that the designated Pharmacist-Manager of a
pharmacy is responsible for important pharmacy duties and standards in each retail
pharmacy. Pharmacist-Manager must be physically present in the pharmacy a
sufficient amount of time to provide supervision and control over the security of and
pharmacy practice in the pharmacy. A pharmacist-manager may not serve in that role
for more than one pharmacy at a time.
334. BOP Rule 6.1 provides: “Pharmacist-Manager Required. No pharmacy may operate
unless its designated pharmacist-manager has been approved by the Board.”
335. BOP Rule 6.3 sets for the required duties of the pharmacist-manager, which include:
enforcing security standards in the prescription area; assuring pharmacy employees are
properly licensed; reporting to the BOP any disciplinary action taken against
employees for diversion or violation of BOP rules; and filing reports required by
federal and state law, among other required duties.
336. BOP Rule 6.7 also imposes important requirements on retail pharmacies which govern
“Change of Pharmacist-Manager,” including that the outgoing pharmacist-manager
shall conduct a physical written inventory of all controlled drugs, explain any
discrepancies in full, certify the inventory as true and correct, ad retain a copy for his
or her records.”
337. BOP Rule 7.5 provides: “No pharmacy shall be operated without a designated
pharmacist-manager approved by the Board.”
338. BOP Rules, Part 9 Standards for Pharmacies provide in Rule 9.1(a): “Minimum
requirements for a pharmacy: (a) No pharmacy may operate without a designated
pharmacist-manager.”
339. Paragraphs 147 through 162, 166 through 177 demonstrate that Respondent
Corporation failed to comply on an egregious scale with numerous State statutes and
Administrative Rules that require each operating pharmacy to have a designated
pharmacist-manager.
340. Paragraphs 163 through 177 demonstrate that Respondent Corporation failed to
STATE OF VERMONT comply with BOP Rule 6.7 requirements for controlled drug inventories conducted
with a change in pharmacy-manager.
341. Administrative Rule 8.3 Drug Outlet Closing – If the closing of a drug outlet is not
planned, the licensee shall notify the Board of the closing within 48 hours.
342. Paragraphs 28 through 33 demonstrate that Respondent Corporation violated Rule 8.3
by failing to notify the Board of Pharmacy of the extended closure of the Manchester
Prosecuting Attorney Center store as required by the Administrative Rules.
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343. Administrative Rule 10.33 mandates that a perpetual inventory shall be maintained for
at least two years for all Schedule II controlled substances.
344. Paragraphs 214 through 216, 227, 228, and 272 through 278 above demonstrate that
Respondents failed to comply with Rule 10.33.
345. Administrative Rule 10.34 requires that all Schedule II Controlled Substances be
physically inventoried and documented at least once every thirty days.
346. Paragraphs 214 through 216, 227, 228, and 272 through 278 above demonstrate that
Respondents failed to comply with Rule 10.34.
347. Administrative Rule 20.2 requires licensed pharmacists to use their independent
professional judgment in the practice of pharmacy.
348. Paragraphs 12, 15, 16, 178 through 278 above demonstrate that the policies, practices,
and procedures of Respondent Corporation fail to permit licensed pharmacists to
exercise their own independent professional judgment in the performance of licensed
activities.
discipline because Respondent has committed unprofessional conduct in violation of 3
V.S.A. §129a(a)(3) by violating the Board of Pharmacy Administrative Rules
referenced above.
Violation Six: 3 V.S.A. § 129a(a)(28) Engaging in conduct of a character likely to

deceive, defraud, or harm the Public.
351. Vermont law prohibits Respondents from engaging in conduct of a character likely to
deceive, defraud, or harm the public.
352. Paragraphs 2 through 310 above demonstrate that Respondents engaged in conduct of
a character likely to deceive, defraud, or harm the public.
STATE OF VERMONT V.S.A. § 129a(a)(28).
Violation Seven: 3 V.S.A. § 129a(b)(1) Failure to practice competently by reason

of any cause on a single occasion or on multiple occasions may constitute
unprofessional conduct, whether actual injury to a client, patient, or customer
has occurred. Failure to practice competently includes: (1) performance of
unsafe or unacceptable patient or client care.
Prosecuting Attorney 354. Paragraphs 2 through 310 above are incorporated herein.
Office of
89 Main Street
39
3rd Floor
Montpelier, VT
05620-3402
355. Vermont law requires Respondents to perform safe and acceptable patient and client
care
356. Paragraphs 2 through 310 above demonstrate that Respondents provided unsafe and
unacceptable patient and client care.
357. The act(s), omission(s), andlor circumstance(s) described above constitute grounds for
V.S.A. $ l2ea(bXl).
Relief Requested
\ilHEREFORE, the Vermont Board of Pharmacy should revoke, suspend, reprimand,

condition or otherwise discipline the licenses of Respondents.
DATED at Montpelier, Vermont this llnl^, of June,2022
ST ONT
Y OF STATE
By
J Colin
S Attomey
(8 522-8987
Jennifer. Colin@vermont. gov
|TATE OF VERMONT
Office of
)rofessional Regulation
89 Main Street 40
3rd Floor
Montpelier, VT
o5620-3402

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STATE OF VERMONT

IN RE: ) Docket Nos.

2. Walgreen Company (“Respondent Corporation”), a subsidiary of Walgreens Boots

8. Respondent Corporation’s instate pharmacies constitute a chain under Vermont law.

19. Once Walgreens processes and bills a prescription to a patient’s insurance or

22. In 2022, an interview with a different employee of Respondent Corporation clarified

III. Unexpected Pharmacy Closures Without Notice to Patients 4

A. Unexpected Store Closures in 2020

Manchester Center, Store #18020

35. Respondent Corporation’s computer system continued to automatically process

Brattleboro, Stores #07270 (Canal Street) and #18418 (Putney Road)

St. Albans, Store #19795

Wilmington, Store #17379

Morrisville, Store #18977

Colchester, Store #17183

Bellows Falls, Store #19233

Burlington, Store #19449 (Cherry Street), #19570 (North Avenue) and

Shelburne, Store #18325

Williston, Store #17475

Milton, Store #17747

STATE OF VERMONT South Burlington, Store #17447

Lyndonville, Store #17625

ST. JOHNSBURY LOCATION WILL BE OPEN:

Middlebury, Store #18375

Enosburg Falls, Store #19346

Winooski, Store #17485

Hardwick, Store #17185

112. R.C. stated:

Bristol, Store #18043

STATE OF VERMONT Newport, Store #17713

C. Impacts of Unexpected Store Closures

121. When a Vermont Walgreens pharmacy is closed unexpectedly, the Walgreens

122. Once Walgreens processes and bills a prescription to a patient’s insurance or

127. In mid-April 2022, one Walgreens pharmacist-manager stated to investigators that

132. During OPR’s investigation, Walgreens Corporation refused to disclose specific

IV. Lack of Phone Accessibility

133. In addition to patients experiencing a lack of accessibility to pharmacy services and

V. Interruption of Pharmacy Services After Acquisition of Independent Pharmacy in

148. BOP Rule 1.10(37) defines a “Pharmacist-Manager,” also referred to as “Pharmacist

a pharmacist currently licensed in this state who has held and

150. The role of Pharmacist-Manager is so critical to the safe functioning of retail

STATE OF VERMONT a. Store #18354 Fair Haven;

VIII. Change in Pharmacist-Manager Application and Controlled Drug Inventory for

166. On or about May 3, 2022, Respondent Corporation submitted an Application for

IX. Unsafe Conditions and Accessibility Issues at Specific Locations

178. Unsafe conditions in Respondent Corporation’s pharmacies in Vermont have resulted

A. Store #17749 (Pearl Street, Essex Junction)

187. Essentially, the Walgreens vaccine scheduler was allowing an immunization to be

B. Store #17471 (Susie Wilson Road, Essex Junction)

198. When the pharmacist-manager of Store #17471 reached out to Respondent

C. Store #11526 (Farrell Street, Burlington)

D. Store #17518 (Barre)

238. In early November 2021, Respondent Corporation’s vaccine scheduler allowed

E. Store #17185 (Hardwick)

F. Store #07270 (Canal St., Brattleboro)

G. Store #19795 (St. Albans)

H. Store #18090 (St. Johnsbury)

264. Respondent Corporation reduced the number of vaccination appointments to one

X. Out-of-Stock Medications and Delays in Filling Prescriptions