U Oo U mH Ef) STATEOF FLORIDA . . DEPARTMENT OF HEALTH = 00 JAN 94 AMI]: 5) DEPARTMENT OF HEALTH, DIVES BOARD OF PHARMACY, ADMINIS iRATIVE : -ARINGS PETITIONER, QO-0 37 vs. CASE NUMBER: PS98-21894 NGONIC. KWANGARI, RESPONDENT. / ADMINISTRATIVECOMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as "Petitioner", and files this Administrative Complaint before the Board of Pharmacy against NGONI C. KWANGAR], hereinafter referred to as "Respondent", and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of pharmacy pursuant to Section 20.43, Chapter 455, and Chapter 465, Florida Statutes tf (1997). Pursuant to the authority of Section 20.43(3)(g), Florida Statutes (1997), the Petitioner has contracted with the Agency for Health Care Administration to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate. 2. Respondent is, and has been at all times material hereto, a licensed pharmacist in the State of Florida, having been issued license number PS0022879. Respondent's last known address is 1706 NE 79" Street Causeway, North Bay Village, Florida 33141. 3. On or about October 14, 1998, an inspection of Kalahari Drugs, Inc. was conducted by an AHCA investigator. ; ' U — U 4. The prescription department was found open and although the prescription department was open there were no licensed pharmacists on duty. 5. Two unsupervised and unidentified technicians were filling prescriptions. 6. The Respondentis the prescription department manager of Kalahari Drugs, Inc. COUNTI 7. Based on the foregoing, the Respondent’s license to practice pharmacy in the State of Florida is subject to discipline pursuant to Section 465.016(1)(e), Florida Statutes, for violating Section 465.014, Florida Statutes, which states that no person other than a licensed pharmacist or pharmacy intern may engage in the practice of the profession of pharmacy and that all tasks delegated to a nonlicensed pharmacy technician shall be under the direct supervision of a licensed pharmacist. COUNT II 8. Petitioner realleges and incorporates by reference the allegations contained in paragraphs one through six as if fully stated herein. 9. Based on the foregoing, the Respondent's license to practice pharmacy in the State of Florida is subject to discipline pursuant to Section 465.016(1)(n), Florida Statutes, for violating Rule 64B 16-27.410, Florida Administrative Code, which states that all pharmacy technicians shall identify themselves as pharmacy technicians. it U WHEREFORE, Petitioner respectfully requests the Baard of Pharmacy enter an order U imposing penalties and/or any other relief that the Board deems appropriate. SIGNED thi day of COUNSEL FOR PETITIONER: Carolyn Taylor Attorney Agency for Health Care Administration Post Office Box 14229 Tallahassee, Florida 32317-4229 (850) 487-3908 CT/jrm PCP: DATE: 1999. . Robert G. Brooks M.D. Secretary, Department of Health BY: Nancy M. Snurkowski Chief Attorney Agency for Health Care Administration FILED DEPARTMENT OF HEALTH EPUTY CLERK cur gph ae 0, enw 6-25-44 DATE

Docket for Case No: 00-000372