Petitioner: DEPARTMENT OF HEALTH, BOARD OF PHARMACY
Respondent: NOBIS PHARMACY, INC.
Judges: LARRY J. SARTIN
Agency: Department of Health
Locations: Hialeah, Florida
Filed: Mar. 16, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, August 8, 2000.
Latest Update: Dec. 23, 2024
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~ STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
Petitioner, 0 o-/l (3
Vs. ~ CASENO. 99-03292
NOBIS PHARMACY, INC.,
Respondent.
ADMINISTRATIVE COMPLAINT
COMES NOW the Petitioner, Department of Health, and files this Administrative
Complaint before the Board of Pharmacy against the Respondent, NOBIS PHARMACY,
INC. 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. BOY), Florida Statutes, the Petitioner
‘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
0013377.
v 6
4. Respondent's last known address is Post Office Box 170332, Hialeah, Florida
33017.
5. On or about April 14, 1999 an inspection was performed by agents of the
Petitioner. As a result, it was discovered:
a. The Respondent failed to have a pharmacist present and on duty during
regular operating hours of the pharmacy.
b. The Respondent failed to prevent access to the pharmacy department by
lock or padlock so that any person other than a registered pharmacist
could not enter, nor was a closed sign displayed.
6. The conduct of the Respondent as aforesaid is contrary to the provisions
contained in Section 465.023(1)(c), Florida Statutes, and Rule 64B16-28.109, Florida
Administrative Code, by operating a pharmacy without a pharmacist present and on duty;
Rule 64B16-28.109(4), Florida Administrative Code, by failing to prevent access to the
pharmacy department with a lock or padlock so that no one may enter but a Florida
‘registered pharmacist.
‘
» —¢
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 circumstances.
SIGNED this/ Vibvor , 2000.
Robert G. Brooks, M.D.
Secretary, Department of Health
By: Nancy M. Snurkowski
Chief Attorney .
On Behalf of the Agency for
Health Care Administration
COUNSEL FOR AGENCY:
oo. a Lawience F. Kranert, Jr.
“» “Senior Attorney
“Florida Bar No. 0171063 oo
‘Agency for Health Care Administration
General Counsel's Office - MQA
ner Regulation
gs
‘Tallahassee, Florida 32317-4229 _
~ (850) 487-2225" ,
Docket for Case No: 00-001163
Issue Date |
Proceedings |
Aug. 08, 2000 |
Order Closing File issued. CASE CLOSED.
|
Jun. 02, 2000 |
Order Continuing Case in Abeyance sent out. (Parties to advise status by August 1, 2000.)
|
May 31, 2000 |
Notice of Case Status (Petitioner) (filed via facsimile).
|
Apr. 24, 2000 |
Order Placing Case in Abeyance sent out. (Parties to advise status by May 31, 2000)
|
Apr. 13, 2000 |
Joint Motion to Abate filed.
|
Mar. 23, 2000 |
Initial Order issued. |
Mar. 16, 2000 |
Administrative Complaint filed.
|
Mar. 16, 2000 |
Agency Referral filed.
|
Mar. 16, 2000 |
Request for Formal Proceedings filed.
|