A hospital pharmacist regularly resold his excess inventory to a drug wholesaler. Although the PDMA was not an issue in this case, perhaps it should have been. The PDMA was passed in 1987 in part to prevent hospitals from reselling prescription drugs that they purchased at preferred prices. Some organizations and individuals made considerable profits engaging in this secondary market and, in the process, jeopardized public health and safety by selling adulterated and misbranded drugs. As you read this case, consider whether this is the type of situation the PDMA meant to prohibit.

Does it matter under the PDMA whether the pharmacist or the pharmacy profited or not from the resales?

What might the outcome have been under the PDMA?

Consider the two charges made by the board of pharmacy against the pharmacist. What evidence would the board have to bring to win on those two charges—or could the board win?