STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF PHARMACY, )

)

Petitioner, )

)

vs. ) Case No. 76-1702

)

SHARON DRUGS d/b/a MERCY ) PROFESSIONAL BUILDING PHARMACY, )

M. C. SCHIFFMAN, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held in Room 1121, Alfred I. duPont Building, 169 East Flagler Street, Miami, Florida, at 10:00 a.m. on December 21, 1976, before Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This matter came on to be heard upon an Administrative Complaint filed against the Respondent, Sharon Drugs d/b/a Mercy Professional Building Pharmacy and M.C. Schiffman, alleging that they had permitted the improper keeping of records by failing to maintain on a current basis complete and accurate records of each controlled substance controlled by Chapter 893, Florida Statutes, at Mercy Professional Building Pharmacy, 3661 South Miami Avenue, Miami, Florida, in violation of Section 893.07 and Section 465.101(1)(e), Florida Statutes.

This cause was consolidated for hearing pursuant to a stipulation of the Parties with the cases of Board of Pharmacy v. Monroe C. Schiffman and Board of Pharmacy v. Monroe Pharmacy, Inc. d/b/a Morris Drugs and Monroe Schiffman and Sharon Schiffman.

APPEARANCES

For Petitioner: Michael Schwartz, Esquire For Respondent: Gerald Kogan, Esquire

FINDINGS OF FACT

1. The parties stipulated that Monroe C. Schiffman is a pharmacist licensed by the Florida Board of Pharmacy. They further stipulated that Sharon Drugs d/b/a Mercy Professional Building Pharmacy is located at 3661 South Miami Avenue, Miami, Florida and that Sharon Drugs owns and operates Mercy Professional Building Pharmacy. The parties also stipulated that Monroe C. Schiffman was a corporate officer and shareholder in Sharon Drugs, Inc., a Florida corporation, from February 1, 1975 until the dates of the audits in question and that Monroe C. Schiffman was a corporate officer and stockholder in Monroe Pharmacy, Inc. from March, 1974, until the audits in question.

2. An inspection and audit of Sharon Drugs, Inc. d/b/a Mercy Professional Building Pharmacy, was begun on April 23, 1976 and lasted for several days. The audited period was from March 17, 1975 until April 26, 1976, during which dates Monroe C. Schiffman was the registered pharmacist responsible for the operation of Sharon Drugs, Inc.

   
   

3. The procedures for the audits were to assume a zero stockage as of March 17, 1975 and to account for the drugs received after that date. The drugs audited were controlled drugs as defined by Chapter 893, Florida Statutes.

   These drugs were chosen for audit because complete records of their order, receipt and dispensing must be kept pursuant to Chapter 893, Florida Statutes. Exhibit 1, a summary of the audit of Sharon Drugs, Inc., was identified by the Board's agent, Vernon K. Bell, as the summary of the discrepancies in controlled drugs revealed by the audit which he conducted.

   
   

4. The audit conducted by Vernon K. Bell revealed a shortage of controlled drugs for which no records had been kept of 296,481 total units or pills. The drugs audited were Desoxyn (methamphetamine hydrochloride), Tuinal (sodium amobartital and sodium secobarbital), Biphetamine (d- and dl-Amphetamine), Dilaudid (hydromorphone), Nembutal (sodium pentobarbital ), Seconal (sodium seconbarbital), Quaalude (methaqualone), Eskatrol Spansule (dextroamphetamine sulfate and prochlorperazine), and Dexedrine (dextroamphetamine sulfate).

   
   

5. The records required to be kept by law of the dispensing of controlled drugs were not kept by the permittee, Sharon Drugs, Inc., d/b/a Mercy Professional Building Pharmacy, M.C. Schiffman.

   
   

   CONCLUSIONS OF LAW

   
   

6. The drugs identified in paragraph 4 above are defined by Chapter 893, Florida Statutes, as Schedule II or Schedule III Controlled Drugs and may only be dispensed upon the written or oral prescription of a practitioner in the manner prescribed in Section 893.04, Florida Statutes. Section 893.07, Florida Statutes, provides that everyone engaging in the dispensing or distribution of controlled substances shall have a semi-annual inventory and maintain on a current basis a complete and accurate record of each substance received, delivered or otherwise disposed of.

   
   

7. Further, the number of individual drug units involved, approximately 300,000, indicates a gross violation of the provisions of Chapter 893, Florida Statutes, by Monroe C. Schiffman and Sharon Drugs, Inc.

   
   

8. Section 465.22, Florida Statutes, provides that the Board of Pharmacy may revoke or suspend the permit of a pharmacy that shall have violated the requirements of Chapter 893, Florida Statutes.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the permit of Sharon Drugs, Inc. d/b/a Mercy Professional Building Pharmacy and Monroe C. Schiffman be revoked.

DONE and ORDERED this 5th day of January, 1977, in Tallahassee, Florida.

STEPHEN F. DEAN

Hearing Officer

Division of Administrative Hearings Room 530 Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Michael Schwartz, Esquire Suite 201, Ellis Building 1311 Executive Center Drive Tallahassee, Florida 32301

H. F. Bevis, Executive Secretary State Board of Pharmacy

252 East Sixth Avenue Box 3355

Tallahassee, Florida 32303

Gerald Kogan, Esquire Suite 500

Security Trust Building 700 Brickell Avenue

Miami, Florida 33131

Docket for Case No: 76-001702

Orders for Case No: 76-001702