Petitioner: DEPARTMENT OF HEALTH, BOARD OF PHARMACY
Respondent: WILLIAM J. FARMER, R. PH.
Judges: ELLA JANE P. DAVIS
Agency: Department of Health
Locations: Tallahassee, Florida
Filed: Apr. 20, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, August 21, 2000.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
Petitioner, . jo-l 709
Vs. CASE NO. 98-21618
WILLIAM J. FARMER, R.Ph.,
Respondent. : 4 7
/ aan
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 WILLIAM J. FARMER, R.Ph., hereinafter referred to
‘as "Respondent, " and alleges: .
1. Petitioner is the state agency charged with
regulating th ractice of pharmacy pursuant to Section
20. 43, Florida Statutes; _ Chapter 455, Florida Statutes; and
Chapter 465, ‘Florida statutes.
2. “Pursuant tot the authority of ‘Section 20.43 (3) (9).
Florida “Statutes, the Petitioner has contracted with the
Agency for Health Care Administration, hereinafter referred
to as_ the “AgencYs "to provide consumer complaint,
investigative, and. prosecutorial services “required by the
Division of Medical Quality Assurance, councils or board,
Vie )
e
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
0012836.
oe A, Respondent's last known address is 395 _ South
Atlantic Avenue, Ormond Beach, Florida 32176. 7 :
oO Respondent is the prescription - department manager
at The Apothecary Shop of Daytona, located at 129 East
International Speedway B, Daytona Beach, Florida 32118.
6. Petitioner’s agents effected an inspection of The
Apothecary Shop of Daytona described in Paragraph five (5)
on September 24, 1998.
COUNT I
7. As a result of “the inspection described in
paragraph efx (6), Betitioner's agents "discovered that
© follows: . “CONST r : CONCERNING THE
AVAILABILITY OF A LESS EXPENSIVE GENERICALLY EQUIVALENT
. DRUG AND THE REQUIREMENTS OF FLORIDA LAW.”
“Based” upon the > foregoing, the Respondent's license
to practice pharmacy in ‘the: ‘state of Florida. is subject to
discipline for violation “of Section 465. 016(1) (ey Florida
Ww ‘ed
«
statutes, for violation of Section 465.018, Florida
Statutes, for violation of Section 465.025(7), Fldérida
Statutes, for failing to display in a prominent place that
is in clear and unobstructed public view, at or near the
place where prescriptions are dispensed, a sign in block
letters that reads: “CONSULT YOUR PHARMACIST CONCERNING THE
AVAILABILITY OF A LESS EXPENSIVE GENERICALLY EQUIVALENT
DRUG AND THE REQUIREMENTS OF FLORIDA LAW.” | . . :
COUNT II
9. Petitioner reasserts paragraphs one (1) through
six (6) as though fully set forth herein.
10. As a result of the inspection described in
paragraph six (6), Petitioner’s agents discovered at least
one (1) pharmaceutical that had been outdated for over four
(4) months.
At. Based upon ‘the foregoing: the Respondent’ s license
to practice pharmacy - in ‘the State of Florida is subject to
discipline for violation of Section 465. 016(1) (e), ‘Florida
Statutes, for violation of Section 465.018, Florida
Statutes, for” violation of Rule 64Bi6- 28. 110, Florida
Administrative Godé, for” failing ‘to. Peat pao ee ‘stock of
the prescription department of the pharmacy at an interval
of four months and to at that point remove all
reached.
WY " ed
.
pharmaceuticals bearing an expiration date that has been
COUNT IIT
12. Petitioner reasserts paragraphs one (1) through
six (6) as though fully set forth herein.
13. As a result the inspection described in paragraph
six(6), Petitioner’s agents discovered that the dispensing
pharmacist failed to sign and certify the daily: hard-copy
printouts of all prescription drugs dispensed or refilled
on one hundred, seventeen (117) dates between April 1, 1998
and September 17, 1998.
14. Based upon the foregoing, the Respondent’ s License
to practice pharmacy in the State of Florida is subject to
discipline for violation of Section 465.016(1) (e), Florida
Statutes, for violation of Section 465.018, Florida
Statutes, for violation of Rule 64B16-28.140 (3) (a),
Florida Administrative Code, for failing to ensure that
each Andividual pharmacist who dispenses or refills a
prescription drug order verifies, that the data indicated on
‘the daily hard- “copy “printout “is “correct by dating and
signing such ‘document within seven “days from the date of
dispensing.
: +
COUNT IV
15. Petitioner reasserts paragraphs one (1) thfough
six (6) as though fully set forth herein.
16. As a result of the inspection described in
paragraph six (6), Petitioner’s agents discovered that the
pharmacy described in paragraph five (5) was not equipped
with a current copy of the laws and rules governing the
practice of pharmacy in the State of Florida. *:
17. Based upon ‘the foregoing, Respondent’ s license to
practice pharmacy in the State of Florida is subject to
discipline for violation of Section 465.016(1) (e), Florida
Statutes, for violation of Section 465.018, Florida
Statutes, for violation of . Pule . 64B16- 728. 107, Florida
Administrative “Code, for failing to ensure that the
pharmacy of which Respondent is the prescription department
manager is equi ped with a current copy of _the laws and
i ee
WV Wd
.
“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 enis} Mreay of Y (Now , 1999,
Robert G. Brooks, M.D.
Secretary, Department of HeAlth
By“Nancy M. Snurkowski
Chief Attorney
“On Behalf of the Agency for Pi
“Health Care Administration
COUNSEL FOR AGENCY: o
Carolyn Y. Taylor
Staff Attorney
Agency ‘for ‘Health Care’ Administration
21's Office = MOA 0 ; FILED
ve Pee Sten wabaes oe -- DEPARTMENT OF HEALTH
P. “6; Box 14229 > , 2317-4229 EPUTY CLERK .
Tallahassee, Florida .3 q- CLERK Q.
(850) 487-3908
DATE. AGF
ne TOMS
aly vlag
RE
2 meee
Docket for Case No: 00-001705
Issue Date |
Proceedings |
Aug. 21, 2000 |
Order Closing File sent out. CASE CLOSED.
|
Aug. 11, 2000 |
(Petitioner) Motion to Abate filed.
|
May 12, 2000 |
Order of Pre-Hearing Instructions sent out.
|
May 12, 2000 |
Notice of Hearing sent out. (hearing set for September 5, 2000; 9:30 a.m.; Tallahassee, FL)
|
Apr. 25, 2000 |
Initial Order issued. |
Apr. 20, 2000 |
Request for Formal Hearing filed.
|
Apr. 20, 2000 |
Administrative Complaint filed.
|
Apr. 20, 2000 |
Agency Referral Letter filed.
|