U U 4% ¢ STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, vs. CASE NUMBER: 98-15056 PALM BAY PHARMACY, INC., RESPONDENT. - ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Pharmacy against PALM BAY PHARMACY, INC., 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. Pursuant to the authority of Section 20.43 (3)(g), Florida Statutes, the Petitioner has contracted with the Agency of 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 pharmacy in the State of Florida, having been issued license number PH 0011375. Respondent’s last known address is 6050 Babcock St., SE STE 9-10, Palm Bay, Florida 32909-3985, ) 3. On or about April 22, 1998, a routine Medicaid audit of Respondent pharmacy revealed that Respondent had filed claims for intravenous solutions, VU Nw 4. At the time of the audit the Respondent was only licensed as a Community Pharmacy. e 5. the owner and pharmacy manager of Respondent pharmacy stated that it is very seldom that they do infusion therapy and charge Medicaid for diluent used and he did not think that he would need the necessary permit. 6. On or about July 10, 1998, and investigator for the Board of Pharmacy spoke with the owner and informed him that he had been given the wrong information and that he needed to— get a parenteral/enteral pharmacy permit. 7. The owner of Respondent pharmacy stated that he would begin the process of obtaining the necessary permit as soon as possible. 8. On or about July 24, 1998, a follow up by the investigator revealed that Respondent pharmacy had requested an application from the licensure section of the Board of Pharmacy and that the application had been mailed to Respondent. 9. Based on the foregoing, Respondent is subject to discipline pursuant to Section 465.023(1)(c), Florida Statutes, by violating Rule 64B16-28.820, Florida Administrative Code, for dispensing intravenous medication without the necessary permit. 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 this COM play on Dbonebe 1999, Robert G. Brooks, VU i) Secretary, Department of Health Nancy M. Snurko Chief Attorney Agency for Health Care Administration \ COUNSEL FOR PETITIONER: (\\Carolyn Taylor, Attorney ; Agency for Health Care Administration Allied Health P.O. Box 14229 Tallahassee, FL 3231 7-4229 (850) 487-9690 CTtmh _ \ per: LI+ MS pate: I(24\q 9

Docket for Case No: 00-001019