i i ka ld i neat aR ee ree eee STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, : Petitioner, , : a. ( - 3 7 VA vs. ; CASE NO.: 97-04522 NGONI KWANGARI, Respondent. ; ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Pharmacy against NAGONI KWANGARI, 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)(f), 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 staté of Florida, having been issued license number PS 0022879. 4. . Respondent’s last known address is 13821 South ‘West 112 Avenue, Miami, Florida 33176. 5. On or about November 11, (1996, a routine inspection was conducted at Kalahari Drugs where Respondent was the prescription department manager. 6. The inspection revealed that Respondent failed to properly supervise pharmacy technicians. 7. The inspection also revealed that Respondent employed pharmacy technicians in a ratio to Pharmacists greater than that permitted by the Board of Pharmacy. 8. Respondent failed to properly maintain patient profile-records. 9. Respondent failed to offer adequate written and verbal counseling to patients. 10. “Respondent failed to have a pharmacist on duty while the prescription department was open. i. / The inspection revealed that Respondents prescription records failed to identify the responsible dispensing pharmacists. 12. Respondent failed to put the initials of the pharmacist filling the controlled substance onn new. v and refilled prescriptions 13. ‘The inspection revealed that Respondent s computer system did not allow for retrievable controlled substance prescription information. : Respondent ‘failed to maintain a certified daily log 0 or t printout of prescription I 15. Petitioner realleges and incorporates by reference ‘the allegations contained in - atagraphs oné (1) through fourteen ( 14) as if fully stated herein, 16. "Based on the ‘foregoing, Respondent's license to practice asa Pharmacist i in the ; State of Florida i is subject to discipfine pursuant to Section 46s. sO16(0), Florida Statutes, by rn eer violating Section 465.018, Florida Statutes, in violation of Rule 64B16-27.410, Florida Administrative Code, which states that pharmacy technicians may assist a Florida licensed pharmacist in performing professional services within a commiunity pharmacy or institutional _ pharmacy environment provided that no licensed pharmacist shall supervise more than one pharmacy technician unless otherwise permitted by the Board. Furthermore, it states that a pharmacy technician must be under the direct and immediate personal supervision of a Florida ~ licensed pharmacist. / fa COUNT I 17. Petitioner ralleges and incorporates by reference the allegations contained in . paragraphs one (1) through fourteen (14) as if fully stated herein. . 18. Based on the foregoing, Respondent's license to practice as a Pharmacist i in the State of Florida is subject to discipline pursuant. to Section 465.016(1)(e), Florida Statutes, by ~~ violating Section 465.018, Florida Statutes, in violation of Rule 64B16-27.410, by failing to receive approval from the ‘Board of Pharmacy prior to practicing with a 2:1 pharmacy technician ratio. _ Administrative Code; which states ‘the requirement to maintain patient records. San Soe ror COUNTY, IV 2 Petitioner realleges and incorporates by reference the allegations contained in paragraphs one Q) through fourteen (14) as if fully stated herein. 22. Based on the foregoing, Respondent's license to practice asa Pharmacist i in the State of Florida i is subject to discipline pursuant to Section 465. O16), Florida Statutes, by violating Section 465.018, Florida Statutes, in violation of Rule 64B16-28.109, Florida Administrative Code, by failing to close the prescription department of any community pharmacy when a Florida registered pharmacist is not present and on duty. COUNT V 23. ‘Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through fourteen (14) as if fully stated herein. 24. 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()() Florida Statutes, by Molating § Section 465: 018, Florida Statutes, in violation of Rule 64816 “28. 140, Florida community pharmacists. - 25. ” Petitioner realleges and incorporates by reference the allegations contained ‘in i . “paragraphs one (1) through fourteen (14) as if ful ly stated herein. _ 26. Based on the > foregoing Respondent's license to practice as a pharmacist i in the State of Florida is subject to discipline pursuant to Section 465. o1s0aye), Florida Statutes, by voling Section 465 018, Florida States, in violation of Section 993 O70), Florida Statutes, me which requires every penton who engages in the manufacture, compounding, 1 mixing, , cultivating, ~ * states the requirements for maintaining record systems ‘for growing, ‘or by any other process producing or prepating, of in the dispensing, importation of ‘controlled substances to make ‘a complete and accurate record of all stocks of controlled substances on hand. 27. Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through fourteen (14) as if fully stated herein. 28. 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 Section 465.018, Florida Statutes, in violation of Section 893.07(1)(b, Florida Statutes, by. failing to maintain, on a current basis, a complete and accurate record of each substance manufactured, received, sold, delivered, or otherwise disposed of by the pharmacist. | WHEREFORE, Petitioner respectfully requests the Board of Pharmacy enter an Order imposing ¢ one or more of the following penalties: Tevocation or suspension of the Respondent's “Ticense, restriction n of the Respondent Ss 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. By: Nancy M. Snurkowski DFOARTMENT OF HEALTH i Chief Attorney . EPUTY CLERK ’ On Behalf of the Agency for CLERK é Q, ew Health Care Administration “pate_/- 23 - 13 , re) “COUNSEL FOR AGEN: Carolyn Taylor Senior Attorney Florida Bar Number 0127884 Agency for Health Care Administration General Counsel’s Office - MQA Allied Health P.O. Box 14229 Tallahassee, FL 32317 - 4229 (850) 487-9644 arf CT/kmg 10/28/98 ~ PCP: Marina Garcia Woods Juan Mora, R.PH. DOM: July 28, 1998 Case No. 97-04522

Docket for Case No: 00-000379