Petitioner: DEPARTMENT OF HEALTH, BOARD OF PHARMACY
Respondent: STITCH ENTERPRISES, D/B/A SKYCREST PHARMACY
Judges: FRED L. BUCKINE
Agency: Department of Health
Locations: Clearwater, Florida
Filed: Jan. 12, 2000
Status: Closed
Recommended Order on Tuesday, January 9, 2001.
Latest Update: Jul. 06, 2004
Summary: Whether Respondent, Albert F. Williams, licensed pharmacist and sole owner of Stich Enterprises, d/b/a Skycrest Pharmacy, a licensed community pharmacy, violated Section 499.005(1), and 465.018, Florida Statutes, when (a) he allowed previously dispensed and returned prescription medication returned to the active shelf, none of which were in a sealed unit dose delivery system; (b) prescriptions which had been dispensed were not dated by the prescribing physician, and (c) C-II medication had been
Summary: Whether Respondent, Albert F. Williams, licensed pharmacist and sole owner of Stich Enterprises, d/b/a Skycrest Pharmacy, a licensed community pharmacy, violated Section 499.005(1), and 465.018, Florida Statutes, when (a) he allowed previously dispensed and returned prescription medication returned to the active shelf, none of which were in a sealed unit dose delivery system; (b) prescriptions which had been dispensed were not dated by the prescribing physician, and (c) C-II medication had been received without the DEA 222 forms being filled in as being received.Board charged pharmacist with returned prescription medication to active shelf; medication not dated by doctor and proper forms not completed. Petitioner failed to carry burden by clear and convincing standard. Petition dismissed; license surrendered.
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Final Order No. DOH-01- 1088. OF MOA
FILED DATE - <7 /or
STATE OF FLORIDA Department of Health
BOARD OF PHARMACY \ . ,
py Ux ke 2. bens
Deputy Agency Clerk
DEPARTMENT OF HEALTH,
BOARD OF PHARMACY
Petitioner, DOAH CASE NO.: 00-0220
vs. DOH CASE NO.: 98-10645
STICH ENTERPRISES, d/b/a
SKYCREST PHARMACY
= Division of Administrative Hearings
FILED
= Date
Respondent.
wy wis
AX
DEPARTMENT OF HEALTH,
BOARD OF PHARMACY,
Petitioner,
vs. DOAH CASE NO.:00-0315
DOH CASE NO.: 98-10401
ALBERT WILLIAMS, R.PH., oe
F L i U 0»
Respondent.
FINAL ORDER
THIS MATTER came before the Board of Pharmacy (hereinafter referred to as the
“Board”) pursuant to Section 120.57(1)(b)(9), Florida Statutes, on June 12, 2001, in Tampa,
Florida, for consideration of the Recommended Order (a copy of which is attached hereto and
incorporated herein by reference) entered by the Honorable Fred L. Buckine, Administrative
Law Judge. The Petitioner was represented by Lawrence F. Kranert, Jr., Senior Attorney,
Agency for Health Care Administration.
Upon consideration of the Administrative Law Judge’s Recommended Order, the
arguments of the parties and after a review of the complete record in this matter, the Board
rules as follows:
FINDINGS OF FACT
4. The Administrative Law Judge’s Findings of Fact are hereby approved and adopted
in toto.
2. There is competent, substantial evidence to support the Findings of Fact.
CONCLUSIONS OF LAW
4. The Board has jurisdiction of this matter pursuant to the provisions of Section
120.57(1), and Chapter 465, Florida Statutes.
2. The Administrative Law Judge’s Conclusions of Law are hereby approved and
adopted in toto, with the exception of the second sentence of paragraph 36. The Board takes
Judicial Notice of the published opinion in Rose v. State, 507 So.2d 630 (Fla. 5" DCA 1987),
and specifically finds that the language quoted in said second sentence as being purportedly
contained in said decision is not.
3. The disposition of this cause recommended by the Administrative Law Judge is
hereby approved and adopted in toto.
4. There is competent, substantial evidence to support the Board’s findings and
conclusions.
THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED:
That the Administrative Complaint against Respondent, Albert F. Williams, is DISMISSED.
Respondent Albert F. Williams shall forthwith surrender pharmacy license 0012143 issued to
Respondent Stich Enterprises, Inc., as stipulated by the parties.
Pursuant to Section 120.59, Florida Statutes, the Parties are hereby notified that they
may appeal this Final Order by filing one copy of a Notice of Appeal with the Clerk of the
Department of Health and by filing the filing fee and one copy of the Notice of Appeal with the
District Court of Appeal within thirty (30) days of the effective date of this Order.
This Order shall become effective upon filing with the clerk of the Department of Health.
. —
DONE AND ORDERED this ZaiAday of une , 2001 by the
Florida Board of Pharmacy.
JOHNAAYLOR, RJPh.,
EXECUTIVE DIRECTO
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been
provided by United States Mail to Albert Williams, R.Ph., 2545 N.E. Coachman Road.’ ional
Clearwater, Florida 38766: to B. Edwin Johnson, Esq., 1433 S. Ft. Harrison Avenue, Suite
C, Clearwater, Florida 33756; to the Honorable Fred L. Buckine, Administrative Law Judge,
Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway,
Tallahassee, Florida 32399-3060; and by hand delivery/interoffice mail to Department of Health
and its counsel, Lawrence F. Kranert, Jr., Senior Attorney, Agency for Health Care
Administration, this day of , 2001.
AMENDED CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing Order has been
provided by certified mail to Albert Williams, R.Ph., 2545 N.E. Coachman Rd., #157,
Clearwater FL 33765, Stich Enterprises, 1740 Drew St., ClearwaterFL 33755-6216, B.
Edwin Johnson, Esq., 1433 S. Ft. Harrison Ave., Ste. C, Clearwater FL 33756, Fred
L. Buckine, ALJ, DOAH, 1230 Apalachee Pkwy., Tallahassee FL 32399-3060, and
interoffice delivery to Lawrence F. Kranert, Jr., AHCA at or before 5:00 p.m., this
day of , 2001.
Docket for Case No: 00-000220
Issue Date |
Proceedings |
Jul. 06, 2004 |
Final Order filed.
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Aug. 17, 2001 |
Affidavit as to Reasonable and Necessary Attorneys Fees (DOAH Case No. 01-3274F established) filed.
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Jan. 25, 2001 |
Motion for Extension of Time to File Exceptions to the Proposed Recommended Order (filed by Petitioner via facsimile).
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Jan. 09, 2001 |
Recommended Order cover letter identifying hearing record referred to the Agency sent out.
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Jan. 09, 2001 |
Recommended Order issued (hearing held November 17, 2000) CASE CLOSED.
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Dec. 19, 2000 |
(Amended) Certificate of Service (for Respondent`s Proposed Final Order, filed via facsimile).
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Dec. 18, 2000 |
Proposed Final Order (filed by B. Johnson via facsimile).
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Dec. 01, 2000 |
Transcript (Volume 1 and 2) filed. |
Nov. 17, 2000 |
CASE STATUS: Hearing Held; see case file for applicable time frames. |
Nov. 15, 2000 |
Joint Stipulation to Commence Trial on November 17, 2000 Instead of November 16, 2000 with 2 signatures (filed via facsimile).
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Nov. 15, 2000 |
Joint Stipulation to Commence on November 17, 2000 Instead of November 16, 2000 with 1 signature (filed via facsimile).
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Nov. 13, 2000 |
Petitioner`s Trial Catalog and Pre-Hearing Stipulation (filed via facsimile).
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Nov. 06, 2000 |
Pre-Hearing Stipulation filed by Respondent.
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Oct. 30, 2000 |
Notice of Propounding Interrogatories filed by Respondent. |
Oct. 27, 2000 |
Motion to Commence Final Hearing on November 17, 2000 Instead of November 16, 2000 (filed by Respondent via facsimile).
|
Aug. 23, 2000 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for November 16 and 17, 2000; 9:00 a.m.; Clearwater, FL).
|
Aug. 21, 2000 |
Petitioner`s First Request for Admissions filed. |
Aug. 21, 2000 |
Response to Request for Admissions filed. |
Aug. 21, 2000 |
Petitioner`s First Request for Admissions filed. |
Aug. 11, 2000 |
Motion to Strike the Petitioner`s Motion to Compel and Petitioner`s Motion to Tax Attorney`s Fees filed.
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Aug. 11, 2000 |
Letter to Judge Johnston from B. Johnston (re: Order dated march 22, 2000) filed.
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Aug. 07, 2000 |
Motion to Strike the Petitioner`s Motion to Compel and Petitioner`s Motion to Tax Attorney`s Fees (filed via facsimile).
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Aug. 03, 2000 |
Order Compelling Discovery issued. (petitioner`s motion to tax attorney`s fees is denied)
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Jul. 20, 2000 |
Motion to Compel, Motion to Tax Attorney`s Fees. (filed via facsimile)
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Jul. 17, 2000 |
(Respondent) Response to Request for Admissions filed. |
Jul. 12, 2000 |
Notice of Hearing sent out. (hearing set for October 19, 2000; 9:00 a.m.; St. Petersburg, FL)
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Jul. 12, 2000 |
Order of Pre-hearing Instructions sent out.
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Jul. 07, 2000 |
Letter to Judge L. Kranert from B. Johnson In re: confer in writing filed.
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Jun. 29, 2000 |
Notice of Case Status; Motion to Consolidate for Trial Purposes (filed by Petitioner via facsimile)
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Jun. 28, 2000 |
Notice of Propounding Interrogatories filed. |
Jun. 28, 2000 |
Petitioner`s First Interrogatories to Respondent filed. |
Jun. 28, 2000 |
Petitioner`s First Request for Admissions filed. |
Mar. 24, 2000 |
Order Consolidating Cases sent out. (Consolidated cases are: 00-000220, 00-000315)
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Mar. 22, 2000 |
Order Granting Continuance and Placing Case in Abeyance sent out. (Parties to advise status by June 22, 2000.)
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Mar. 21, 2000 |
(Petitioner) Motion to Abate (filed via facsimile).
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Mar. 16, 2000 |
Letter to Judge Johnston from B. Edwin Johnson (re: proposed motion to abate) (filed via facsimile).
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Mar. 10, 2000 |
(B. Johnson) Motion for Consolidate Case No: 00-0315 With Case No: 00-220 (Cases requested to be consolidated: 00-315, 00-220) filed.
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Feb. 24, 2000 |
Respondent`s Response to Initial Order by Respondent w/cover letter filed.
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Feb. 16, 2000 |
Notice of Hearing sent out. (hearing set for May 9, 2000; 9:30 a.m.; St. Petersburg, FL)
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Feb. 16, 2000 |
Order of Pre-hearing Instructions sent out.
|
Feb. 04, 2000 |
(Petitioner) Response to Initial Order filed.
|
Jan. 18, 2000 |
Initial Order issued. |
Jan. 12, 2000 |
Administrative Complaint filed.
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Jan. 12, 2000 |
Election of Rights filed.
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Jan. 12, 2000 |
Agency Referral letter filed.
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Orders for Case No: 00-000220
Issue Date |
Document |
Summary |
Jun. 20, 2001 |
Agency Final Order
|
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Jan. 09, 2001 |
Recommended Order
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Board charged pharmacist with returned prescription medication to active shelf; medication not dated by doctor and proper forms not completed. Petitioner failed to carry burden by clear and convincing standard. Petition dismissed; license surrendered.
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