~~ STATE OF FLORIDA ‘DEPARTMENT OF HEALTH _ DEPARTMENT OF HEALTH, Petitioner, Vs. oo CASENO. 98:20957 GERALD W. GETTEL, O0VSOS Respondent. / ADMINISTRATIVE COMPLAINT — COMES NOW the Petitioner, Department of Health, and files this Administrative Complaint before the Board of Pharmacy against the Respondent, GERLAD W. GETTEL and in support thereof would state: I. Petitioner i 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 __has contracted with the Agency for Health Care Administration, hereinafter referred to as icy," to ‘provid consumer complaint nvestigative, 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. : . “Respondent has been at all times pertinent hereto, a duly licensed pharmacist pursuant to Chapter 465, Florida Statutes, having been issued license number PS 0015091. , : ° Ww i) 4 4. Respondent's last known address is 168 Poe Drive, Winter Haven, Florida i 33884-2363. 5. On or about January 29, 1999 an investigation was performed by agents of the Petitioner. As a result, it was discovered: a. On July 17, 1998 the Respondent substituted the generic drug Levothyroxin from the negative formulary for the brand name drug Synthroid. b. The Respondent failed to notify the patient of the generic drug substitution. 6. The conduct of the Respondent as aforesaid is contrary to the provisions ‘contained in Section 465.016(1)(e), Florida Statutes, and Rule 64B16-27.500, Florida Administrative Code, by substituting and dispensing a drug from the negative formulary; and Rule 64B16-27.530, Florida Administrative Code, by failing to inform the patient of ~ the generic drug substitution. n « Y) aor . WHEREF ORE, 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 Yon 2 , Robert G. Brooks, M.D. Secretary, Department of Hea BY/ Nancy M. Snurko’ - Chief Attorney On Behalf of the Agency for Health Care Administration COUNSEL FOR ai Lawrence F. Kranert, Jr. —_ F I LE D Senior Attorney DEPARTMENT OF HEALTH Florida Bar No. 0171063 DEPUTY CLERK Agency for Health Care Administration General Counsel's Office - MQA CLERK Ubi R-Blion Practitioner Regulation naTE A / 43/028 P.O. Box 14229 Tallahassee, Florida 32317-4229 (850) 487-2225 LFK/rt_ Per: S(t} Oo Ure oe peepee ener ie pm oe roe rere ten

Docket for Case No: 00-001505