STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, Vs. CASE NO. 99-03904 o.oo... NURIAS LA FAMILIA PHARMACY / LA FAMILIA, ty: Respondent. ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, and files this Administrative Complaint before the Board of Pharmacy against the Respondent, NURIAS LA FAMILIA PHARMACY /LA FAMILIA and in support thereof would state: 1. Petitioner is the state agency charged with regulating the practice of Pharmacy , pursuant to Section 20.43, Florida Statutes; Chapter 455, Florida Statutes; and Chapter 465, Florida Statutes. 2. Pursuant to the authority of Section 20. 43(3)(g), Florida Statutes, the Petitioner i has contracted with the Agency for Health Care Administration, hereinafter referred to as the "Agency," to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils or board, as appropriate, including the issuance of emergency orders of suspension or restriction. 3. Respondent has been at all times pertinent hereto, a duly licensed pharmacy pursuant to Chapter 465, Florida Statutes, having been issued license number PH 0016059. a | 4. Respondent's last kriown address is 1131 Northwest 22" Avenue, Miami, Florida 33125. 5. On May 25, 1999 an inspection was performed by agents of the Petitioner. As a result, it was discovered: a. The Respondent was operating a pharmacy without a pharmacist on duty. . b. The Respondent failed to give verbal counseling to patients upon receipt of their filled prescriptions, as there was no pharmacist on duty. c. The Respondent failed to have a pharmacist directly and immediately available to patients, which is an integral aspect of dispensing medications. d. The Respondent failed to properly supervise the pharmacy technician, as there was no pharmacist on duty and the technician was allowed to dispense medications to patients as if the technician was the pharmacist on duty. e. The Respondent delegated the performance of professional responsibilities to a pharmacy technician knowing the technician was not qualified by training, experience or authorized to perform the delegated duties of running the pharmacy without a pharmacist present. f. The Respondent failed to properly identify pharmacy technicians, as no identification badge was worn by the technician on duty. a ‘9 YY “g. The Respondent failed to prevent access to the pharmacy department by lock or padlock $0 that any person other than a registered pharmacist could not enter. h. The Respondent permitted entry to the pharmacy department by a technician when there was no pharmacist present and on duty. i. The Respondent failed to maintain patient profiles so that they may be retrieved to determine therapeutic appropriateness of each prescription ty presented. j. The Respondent failed to provide therapeutic review for appropriateness of prescriptions ‘dispensed, as there were improperly maintained patient profiles and there not a pharmacist present and on duty. k. The Respondent failed to have the pharmacist make a final check of dispensed prescriptions for preparation and accuracy. 1, The Respondent failed to display a pharmacy certificate. 6. The conduct of the Respondent as aforesaid is contrary to the provisions 28.109 Florida Administrative Code by operating. a pharmacy without a pharmacist present and on duty; Rule 64B16- 27.820 Florida Administrative Code, by failing to provide ' verbal counseling to patients receiving their medications; Rule 64B16- 27. 400(4) by failing to have a pharmacist immediately and directly available when patients received their prescriptions; Section 465. 014 Florida Statutes, by failing to properly supervise a pharmacy technician, as there was no pharmacist present; Section 455, .624(2)(p) Florida Statutes, by delegating responsibilities that the licensee knows the person is not qualified by training experience or authorized to perform such duties.; Rule 64B16-27.410 by failing to properly identify he ea Nal ee elle mi “ ty . en * oe a pharmacy technician; Rule 64B16- 28.109(4) Florida Administrative Code, by failing to prevent access to the pharmacy department so with Jock or padlock so that no one may © enter but a Florida registered p pharmacist; Rule 64B16-28.109(5) Florida Administrative Code, by permitting the entry to the pharmacy department when it was considered closed by someone who was not a registered pharmacist; Rule 64B 16-27.800(1) Florida. Administrative Code, by failing to properly maintain patient profile records; Rule 64B16-27.810 Florida Administrative Code, by failing to provide therapeutic review of each new and refill prescription for therapeutic appropriateness; Rule 64B16-27.100 Florida Administrative Code, by failing to display a pharmacy certificate. = WHEREFORE, Petitioner respectfully requests the Board of Pharmacy to enter an Order imposing one or more of the penalties proscribed by law, together with any other and further relief deemed just under the oe See aaIEneeS “Zin SIGNED thi Kt day of Uae 31999. ~ Robert G. Brooks, M.D. Secretary, Department of Health By: Nancy M. Snurkowski Chief Attorney _. On Behalf of the Agency for ~ Health Care Administration FILED. DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Uchi Rion ~ oate__alidloa serrwe ee yee Sener are meee pee ed COUNSEL FOR AGENCY, ~~ Lawrence F. Kranert, Jr. . Senior Attorney Florida Bar No. 0171063 Agency for Health Care Administration General Counsel's Office - MQA Practitioner Regulation P.O. Box 14229 Tallahassee, Florida 32317-4229 (850) 487-2225 er RCP: KOE} WS (S/o 14 SO RRR RR RR Re ETE CREE ROR ERR

Docket for Case No: 00-001029