€ €¢ . STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, 2 Petitioner, Oo O io, 7 vs. . CASE NO. 99-04828 STEVEN MARTZ, R.Ph. Respondent. ADMINISTRATIVE COMPLAINT COMES Now, ‘the Pe itioner, . Department of Health, and files this Administrative Complaint before the Board of Pharmacy,’ against the Respondent, STEVEN MARTZ," R-Ph., and in support thereof would state: 1. Petitioner is the State agency charged with Tegulating 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 has contracted with the Agency for Health Care Administration, hereinafter “referred to as the “Agency,” to provide consumer complaint, investigative, and erred tO as Age! Pr “Or P ig prosecutorial services required by the Division of Medical Quality Assurance, councils or boards, as $_ appropriate, including the i issuance of emergency orders of suspension or restric ion. 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 0438204. cred the Res 4, Respondent’s last known address is 1187 E. Dolphin Drive, Stuart, Florida 34996-5826. | 5. On July 17, 1999 while working at the Okeechobee Wal-Mart Store #814, the Respondent filled a prescription for his son for 100 each generic Empirin #3 tablets, a controlled substance pursuant to Chapter 893, Florida Statutes. 6. “In addition, on July 23, 1999 the Respondent filled a prescription for 100 each Fiorinol tablets for his son. 7. In each instance the Respondent alleged that the Prescriptions had been phoned in by a Dr. Couch. When contacted, the physician in question indicated that he did not have a record of the Respondent's son being a patient and, further did not phone in the prescriptions in questions in question. 8. In each of the instances teferred to herein and above the Respondent completed a “telephoned Prescription” pad asserting that the prescriptions were, in n fact, telephoned i in bya physician, A copy of the these documents together with the . prescription labels are attached hereto and incorporated herein by referenced and marked ; Exhibit A and B Fespectively. 9. The conduct of the Respondent as aforesaid is contrary to the Provisions , 16(1)@), Florida Statutes, by distributing a legend drug other than i in the course of the professional practice of pharmacy. Ina tio, the ‘conduct of espondent as aforesaid is ‘contrary to the Provisions . contained in Section 465, 016(1)(), Florida Statutes, s by compounding, dispensing or distributing a controlled substance other than i in nthe © course ¢ of the professional practice of pharmacy. Lastly, the conduct of the. Respondent is contrary to the ‘provisions contained in Section co Serene reece ae wo wy 465.016(1)(j), Florida Statutes, by making or filing a record which the licensee knows to . be false, to wit: falsifying telephoned prescriptions. 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 a heart 7 Robert G. Brooks, M.D. Secretary, Depa By:’ Nancy M. Snurkowski Chief Attorney On Behalf of the Agency for Health Care Administration COUNSEL FOR AGENGY: \-Tawrence F. Kranert, Jr! ‘Senior Attomey . DEPART, Florida Bar No. 0171063 DEPUTY Ce HEALTH Agency for Health Care Administration . General Counsel’s Office - MQA CLERK Uchi R Vion ” Allied Health DATE -2 / 2. / /, e P.O. Box 14229 Tallahassee, Florida 32317-4229 ; (850)487-2225 LEK/mt 11/08/99, Pcp: WY ‘OMe bau TR RRR Sor eR eee ctor eo

Docket for Case No: 00-001198