WA State Board of Pharmacy Abuse of Discretion Questioned by Judges

PRESS RELEASE

FOR IMMEDIATE RELEASE

September 20, 2008

Contact: Jesslyn Howgate Media Coordinator BioMedComm, Inc. 206-322-8852

WA State Board of Pharmacy Abuse of Discretion Questioned by Judges.

Seattle, WA. – The State Board of Pharmacy's (BOP) sanction against 10–year old innovative biotechnology company Biomed Comm.Inc. (BMC) was questioned by the Court of Appeals on September 17th in Seattle. In April, 2007, the BOP took aggressive and often secretive actions against BMC that are finally being questioned in a court of law for civil liberty violations. BMC alleges the BOP has grossly abused its discretionary powers and violated judiciary processes. The Court of Appeals (COA) heard oral arguments regarding these matters last week in Seattle. Three Appellate Court judges, Cox, Becker and Ellington heard the oral arguments representing both sides. The COA judges focused on issues of jurisdiction, procedures within the law and excessive actions taken by the BOP against the legal rights of BMC to operate. One judge asked BOP's council how denial of the right to appeal was the appropriate action according to the law. . The BOP;s answer was responded to by court judges with visual facial cues suggesting the judges viewed the law quite differently.

BMC is a homeopathic growth factor company that has US and international patents and peer-reviewed published clinical trials for its innovative homeopathic medicines. In late 2005, BMC approached the DOH/BOP asking for technical assistance as it sought to manufacture its products in Washington. Instead of assisting, the BOP used "cloak and dagger" techniques, deceived BMC's management and its employees, and planned to destroy BMC through prolonged "legal" actions. Backed by Secretary of Health, Mary Selecky, the BOP issued a final order to BMC that it could not even apply for a license to manufacture its homeopathic products for ten years. BMC appealed these capricious actions and the BOP took unilateral actions to stop BMC's appeal processes. This affront is now being questioned at the level of the Court of Appeals with the COA reviewing the legality of the procedures taken by the BOP. The COA will determine the authority and procedural steps of this case during its considerations. A legal opinion is expected within six months.

The COA raised significant questions not addressed by the current state laws such as if the DOH/BOP has oversight on a homeopathic company, and how are the actions by the DOH/ BOP are the least excessive or restrictive when they completely prohibited BMC from being heard in a court of law? It is particularly ironic that Secretary of Health Selecky refuses to recognize homeopathy as a health care option in her Vital Statistics reporting. The COA judges generally seek to refine the WA state laws that are unclear and to improve guidance to agencies. For the purpose of presenting abuse of power and discretion, BMC CEO Brewitt said, "BMC is a recognized leader in the natural medicine field throughout the world. It is not surprising that the COA judges asked probing questions on jurisdiction and the state laws which are claimed to apply. However, what has been shocking and damaging is that the BOP/DOH aggressively abused and attacked BMC. It is one thing to not understand a new paradigm or inadequately comprehend its magnitude. It begs the question of motive when the DOH/ BOP attempts to discredit and bankrupt a company because it presents an innovative, safe, cost-effective health care option for the consumer." The consequences are far-reaching. Tragically BMC was in the midst of a clinical trial with HIV-infected children in South Africa when Secretary Selecky ordered the Cease and Desist Papers to be served. All children in the study had been showing signs of improved health but sadly they no longer have this treatment option. This was the only health care support for HIV-infected children in that area.