U a U STATE OF FLORIDA _ OST Ep ps ' DEPARTMENT OF HEALTH are! DEPARTMENT OF HEALTH, vs. | 00-0 37Y JOHN V. KELLEY, Case No. 98-01244 Respondent. / ADMINISTRATIVE COMPLAINT _ Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Pharmacy against JOHN V. KELLEY, 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, Florida Statutes (Supp. 1996); Chapter 455, Florida Statutes; and Chapter 465, Florida Statutes. 2. Pursuant to the authority of Section 20.43(3)(2), Florida Statutes (Supp. 1996), 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, including the issuance of emergency orders of suspension or restriction. | 3. Respondent is, ‘and has been at all times material hereto, a licensed pharmacist, having been issued license number PS 0015676. , WSR AL y Petitioner, —HEARNgS /E U OO U 4. At all times material hereto, Respondent was employed as the pharmacy manager at Apothecary Pharmacy located at 5802 28" 5. On or around November 21, 1997, Detective Bernard McKenna of the Pinellas County Sherif? s Office followed suspect R.T. into the aforementioned establishment. 6. Suspect R.T. received two pill vials of Carisoprodol 350mg from the pharmacy technician, Erwin. 7. Carisoprodol is the generic form of the legend drug, Soma. 8. During the aforementioned events, there was no pharmacist present at Apothecary Pharmacy. 9. The Respondent left the pharmacy technician unsupervised during pharmacy business hours. 10. The Respondent failed to close the pharmacy establishment and post a sign stating “Prescription Department Closed.” COUNT I 11. Petitioner realleges and incorporates by reference the allegations contained in the foregoing paragraphs as if fully stated herein. 12. 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, and Section 465.018, Florida Statutes, for violating Section 465.015(1)(b), Florida Statutes, by allowing a person not licensed as a pharmacist or not registered as an intern in the state to fill, compound, or dispense any prescription or dispense medicinal drugs. COUNT II 13. Petitioner realleges and iricorporates by reference the allegations contained in paragraphs one (1) through ten (10) as if fully stated herein. 14. 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, and Section 465.018, Florida Statutes, for violating Rule 64B16-27.410, Florida Administrative ¢ Code, by failing to give direct and immediate personal supervision of a Florida licensed pharmacist to the pharmacy technician. COUNT II 15. Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through ten (10) as if fully stated herein. 16. 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, and Section 465.018, Florida Statutes, for violating Rule 64B16-28.109(2),(3),(4), Florida Administrative Code, by failing to close the prescription department with a locked partition when there is not a Florida registered pharmacist present and by allowing someone other than the pharmacist to enter the prescription department when it is closed. U oe U WHEREFORE, Petitioner respectfully requests the Board of Pharmacy enter an Order imposing one or more of the following penalties: imposition of an administrative fine not to exceed $1,000 for each count, issuance of a reprimand, placement of the Respondent on probation, or suspension, or revocation, and/or any other relief that the Board deems appropriate. SIGNED nit Hhaay of Ochs Re 199% Douglas M. Cook, Director ancy M. Snurkowski Chief Attorney On Behalf of the Agency for Health Care Administration COUNSEL FOR PETITIONER: FILED Oy Gregory Files, Senior Attomey DEPARTMENT OF HEALTH Florida Bar Number 0113476 DEPUTY CLERK Agency for Health Care Administration . . General Counsel’s Office - MQA CLERK pol, } Wars Allied Health . DATE___LI~- {2-9 P.O. Box 14229 : Tallahassee, FL 32317-4229 (850) 487 - 2225 GF/jeg PCP: pura. 4 WoodS Rete TAg/9¢

Docket for Case No: 00-000374