event ve anne a Miia i i « Florida Statutes, the Petitioner has Agency for Health Care Administration, £6 STATE OF FLORIDA DEPARTMENT OF HEALTH DBPARTMENT OF HEALTH, Petitioner, Vs. CASE NO. 99-01887 ' VERNON A. PALMER, R.Ph., > 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 the License of VERNON A. PALMER, R.Ph., hereinafter referred to as "Respondent," and alleges: . . Le 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), contracted with the hereinafter referred ‘the “Agency,” to provide ‘consumer complaint, a by che ie ee ee epg, SoPaes Division of Medical Quality Assurance, councils or board, ees ae _ set forth herein. =] W ; ; ; Ww as appropriate, including the issuance of emergency orders of suspension or-restriction. 3. Respondent has been at all times pertinent hereto a duly licensed Pharmacist pursuant to Chapter 465, Florida “Statutes, having been issued license number PS 0013933. 4, Respondent's last known address is 610 North West igs" Street, Miami, Florida 33169. : 5. Respondent: was at all times pertinent hereto the prescription department manager of Rosita’s Pharmacy. The last known address of Rosita’s Pharmacy is 3068 Palm Avenue, Hialeah, Florida 33012. 6. On or about February 16, 1999, Petitioner’s authorized agents performed an inspection of the pharmacy facility described in paragraph five (5). COUNT I 7. Petitioner reasserts the above as though fully “result inspection described in Petitioner discovered that Se “Gnartiady ‘parag (6), had been ‘open between fifteen (15) and twenty-five (25) hours pér week. “9, Based upon the foregoing, Respondent’s license is subject to discipline for violation of Section 465.016(1) (e), Florida Statutes, for violation of Section s wv vy) 465.018, Florida Statutes, for violation of Rule 64B16- 28.404, Florida-Administrative Code, for failing to keep the pharmacy open a minimum of forty (40) hours per week and a minimum of five (5) days per week. COUNT IT 10. Petitioner reasserts the allegations contained in paragraphs one (1) through six (6) as though fully set = forth herein. 11. As a result of the inspection described in paragraph six. (6), Petitioner discovered that Respondent was not present at the pharmacy facility during the posted hours of operation. The posted hours of operation stated that the pharmacy was open between the hours of 9:00 AM to 5:00 PM, each day Monday through Friday. . 12. Petitioner’s authorized agents found there was no relief pharmacist on duty. 13. Based upon the foregoing, Respondent’s license to practice pharmacy in the state of Florida is subject to di cipline for: violation of Section 465.016(1) (e), Florida Statutes, for violating Section 465.018, Florida Statutes, for violation of Rule 64B16-28.109, Florida Administrative Code, for failure to properly post the pharmacy as closed when no pharmacist is present and on duty by displaying a ‘COUNSEL FOR AGENCY: ; — carolyn Y. “Taylor WwW rw, . ; a U sign declaring “Prescription Department Closed” in bold letters over two (2) inches in height and width. WHEREFORE, Petitioner respectfully requests the Board of Pharmacy to enter an Order ‘imposing one or more of the following penalties: imposition of an administrative fine not “to exceed $1,000 for each offense, issuance of a reprimand, placement of the Respondent on probation, ‘suspension of the. Respondent's: license to practice, revocation of the Respondent's license and/or any other relief that the Board deems appropriate. SIGNED this Sth aay thay cee ChkaQ “4 ae Robert G. Brooks, Secretary, Department. of Health Nancy M. Snur ief Attorney Behalf of the Agency for Health Care Administration Staff Attorney Agency for Health Care Administration DEPARTMENT OF HEALTH General Counsel’s Office - MOA DEPUTY CLERK Allied Health CLERK Webi RY ot 2727 Mahan Drive Tallahassee, Florida 32308 BATE__¢ (850), 487-3908 ctl pep: YQ WS Ye On

Docket for Case No: 00-001035