West Marin Pharmacy, a crucial resource for residents on the coast that has faced regulatory scrutiny in recent years, will soon change ownership.
Pharmacist and co-owner Zsuzsanna Biran agreed to settle accusations by the California State Board of Pharmacy that her business continued to flout regulations while on probation. The settlement paves the way for Ms. Biran’s retirement and the sale of the pharmacy to Alan Chan, a pharmacist from Novato. Mr. Chan, along with his wife, Rosie, expect to take over daily operations later this year.
Ms. Biran, who emigrated from Hungary at the age of 14 and obtained her pharmacist license in 1980, bought the Point Reyes Station business with her husband, Jason Yoon, in 2007. They’ve run the pharmacy together for the past 17 years, providing indispensable care to customers who would otherwise have to travel over the hill to get their prescriptions filled.
But the pharmacy has faced its share of financial difficulties. In letters to the Light over the years, Ms. Biran has described how fees charged by private insurance companies for unclaimed medications and shortfalls from customer co-pays stress her small business. West Marin Pharmacy is one of the last independently owned pharmacies in Marin County and doesn’t have the backing of big-box stores like CVS and Walgreens.
Last year, Ms. Biran began to look for an exit strategy. Mr. Yoon expressed interest in starting a wearable medical device company in Mexico, and she started planning to sell the pharmacy, retire and join him in Guadalajara.
“My husband has been working as the pharmacy’s I.T. person, and that’s not really his interest,” Ms. Biran said. “So, the impetus behind trying to sell the business was, ‘Okay, you’ve been doing what I wanted to do for the past 17 years, so now it’s my turn to do that for you.’”
But after Ms. Biran found a buyer in Mr. Chan, she said the California State Board of Pharmacy, a division of the Department of Consumer Affairs, would not approve the sale until she settled a series of outstanding accusations made against her business.
The pharmacy’s recent legal woes began in 2020 after a series of complaints against the business led to an inspection by the pharmacy board. On two separate visits, in September 2018 and February 2019, an inspector discovered numerous clerical and procedural violations that resulted in shortages of controlled substances. In response, the board placed Ms. Biran’s pharmacist license and her business permit on probation for three years. The disciplinary order mandated that she work with an independent consultant to help ensure compliance with state and federal regulations.
Despite these measures, more issues arose during the various probationary inspections that followed. In 2021, the pharmacy board accused Ms. Biran and West Marin Pharmacy of failing to maintain accurate record keeping and of unauthorized compounding—or mixing—of certain drugs, including controlled substances.
Inspectors also observed violations such as CBD products on shelves in the pharmacy’s retail area, an undersized notice to customers, employees without name badges, and a log indicating refrigerator temperatures averaging one degree Celsius higher than allowed. After an administrative hearing, Ms. Biran’s probation was extended by a year.
In July 2023, Anne Sodergren, the executive officer of the pharmacy board, sent a third letter to Ms. Biran, this time accusing her of failing to maintain accurate inventories and other procedural errors resulting in unexplained shortages of controlled substances.
Ms. Sodergren recommended a hearing be held and that the board revoke or suspend West Marin Pharmacy’s permit and Ms. Biran’s pharmacist license for five years. The proposed decision would also require Ms. Biran to pay the pharmacy board for the costs of the investigation and the enforcement of the case.
Ms. Biran’s case was scheduled to be heard by the state Office of Administrative Hearings last week, but instead she decided to acquiesce to a stipulated settlement, and the hearing was cancelled. As part of her agreement, she said she must sell her business within a year and continue her probation. She estimated that fines and legal expenses will cost her around $40,000.
Speaking to the Light, Ms. Biran attributed discrepancies in her records to the transition between computer systems and expressed concerns that she is being unfairly targeted. She suspects that the board may be motivated to shut down independent pharmacies in rural areas in the service of big health-care retailers.
“There is a systematic elimination of independent pharmacies,” she said. “There used to be around 60 of them, then it went down to about 15. I’m basically the last one standing in Marin County, and it makes me feel like a dinosaur that’s about to go extinct. The question is: What is the driving force? Why is this happening?”
Rishi Schweig, an Inverness Park resident and a longtime customer, agreed that the board’s penalties are draconian.
“I think that the board is hammering her pretty hard for whatever mistakes she has made,” he said. “I understand she has made an agreement acknowledging some of these mistakes, but I think their response is a punishment that goes beyond what’s merited.”
Mr. Schweig said that losing the pharmacy would force him to drive many miles to fill his prescriptions at a chain store, a prospect he isn’t thrilled about.
“I would much rather see some semblance of community service than ‘anonymous-faceless-never-know-who-your-pharmacist-is,’” he said.
Though Ms. Biran has admitted to wrongdoing, she said she did so with the public’s interest in mind.
“I told the board that I practice the spirit of the law, while they practice the letter of the law,” she said. “If somebody’s health comes first, I take care of them.”
Terry Cater, the independent consultant Ms. Biran hired in 2021, reported that he observed no violations of pharmacy law during several monthly inspections he conducted. He went on to describe the community’s appreciation for Ms. Biran and her pharmacy, but he emphasized that it did not excuse non-compliance with regulations.
“Zsuzsanna always made an effort to do the right thing, especially for her customers and the patients,” he said. “She truly valued those people and wanted to do right by them.”
Now that Ms. Biran has agreed to a settlement, she’s optimistic that she can begin to transition ownership over to Mr. Chan. That process requires approval from the pharmacy board, which will then issue Mr. Chan a new license to operate the business.
“Zsuzsanna has not been able to dispense or inventory controlled substances,” Mr. Cater said. “Alan gets a clean slate, so he’ll now be able to provide controlled substances to patients who otherwise would have had to drive 18 miles to get their prescriptions filled, even if they were a hospice patient.”
Though there is not yet an official timetable for him to take over, Mr. Chan said he hopes to be all moved in by flu season.
“We look forward to carrying the torch,” he said. “We know Zsuzsanna has been with the pharmacy for decades, and that the community is very involved, so we’re looking forward to transitioning into that role.”