Sep gy tothe 2 STATE OF FLORIDA eee DEPARTMENT OF HEALTH 00 JAN 21”-AMSLE'G2 3 Me LT Ld t vivi, S9SEP 2) p,, DEPARTMENT OF HEALTH, HE ARIN GS Petitioner, C0-O 2 lp vs. CASE NO.: 98-17195 T T VU NHUNG, Respondent. / -ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Pharmacy against T T VU NHUNG, 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)(g), 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 in the state of Florida, having been issued license number PS 0019299. 4. Respondent’s last known address is 1133 Harbor Boulevard, Port Charlotte, Florida 33952-1621. U a U 5. At all times material hereto, Respondent was employed at St. Joseph - Hospital, located at 2500 Harbor Boulevard, Port Charlotte, Florida 33952 as a pharmacist. 6. On or about March 30, 1998, a physician called the hospital and gave the oncology nurse on duty an admission order for patient F.M. which called for the administration of Cisplatin 75 mg per meter squared in 500 cc normal saline over two hours. h On or about March 30, 1998, the oncology nurse recorded the order as Cisplatin 75 mg per meter squared in 500 cc normal saline "qd" (everyday). 8. On or about March 30, 1998, the chemotherapy order was entered into the pharmacy computer and dosages were calculated by the Respondent, the pharmacist on the chemotherapy floor. 9. On or about March 30, 1998, the Respondent delivered the orders to the pharmacy where William E. McGavic checked the order including calculations. 10. On or about March 30, 1998, after the medication was prepared, it was returned to the chemotherapy floor where it was administered. 11. Cisplatin 75 mg per meter squared was administered to patient F.M. on or about the following dates: March 30, 1998, March 31, 1998, April 1, 1998 and April 2, 1998. | 12. On or about April 10, 1998, patient F.M. died of cardiopulmonary arrest. COUNT I 13. Petitioner re-alleges and incorporates by reference the allegations contained in the foregoing paragraphs as if fully stated herein. UW a oS, 14. Based on the foregoing, Respondent's license to practice as a pharmacist in - the State of Florida is subject to discipline pursuant to Section 465.016(1)(e), Florida Statutes, by violating 465.016 (1) (1), for compounding, dispensing, or distributing a legend drug, including any controlled substance other than in the course of the professional practice of pharmacy. WHEREFORE, Petitioner respectfully requests the Board of Pharmacy enter an ; Order imposing one or more of the following penalties: revocation or suspension of the Respondent's license, restriction of the Respondent's practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. _—_~ SIGNED tris] OfMaay of , 1998} Dr. Robert G. Brooks, M.D., Secretary-Department of Health By: Nancy M. Snur' Chief Attorney On Behalf of the Agency for Health Care Administration COUNSEL FOR AGENCY: - ‘ Carolyn Taylor , FILED TH Senior Attorney DEPARTMENT OF HEAL Florida Bar Number 0127884 EPUTY CLE Agency for Health Care Administration CLERK : General Counsel’s Office - MQA q-(1-97 Allied Health DATE P.O. Box 14229 Tallahassee, FL 32317 - 4229 (850) 487-9644 CT ‘a

Docket for Case No: 00-000376