A disciplinary hearing against an Auburn pharmacist who tested nearly 6,000 people for COVID antibodies early in the pandemic will move forward. An appeals court this week ruled that federal protections shouldn’t stop the state’s case.
Lisa Leonard, a pharmacist who co-owns the Drug Store in Auburn, asked federal courts to stop a 2021 hearing by the Alabama State Board of Pharmacy. She claimed that the federal Public Readiness and Emergency Preparedness Act shielded her because she was providing pandemic testing.
“Leonard’s claims of federal preemption and immunity can be raised both before the Board itself and in Alabama state court,” the opinion said. “The plaintiffs allege that the Board’s intent in bringing the charges and pursuing the hearing is to drive the plaintiffs out of the market to allow ‘favored entities’ to absorb The Drug Store’s market share,” the lawsuit said. “They also allege that the Board’s charges have anticompetitive effects on the market by reducing citizens’ access to COVID-19 antibody testing, decreasing access to information, and decreasing the availability of antibody testing, which increases the cost.
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