bad a ey) ; | cILED ~STATE OF FLORIDA . DEPARTMENT OF HEALTH OO HAY 30 PH 5) DEPARTMENT OF HEALTH, , Petitioner, © — Vs. : : CASE NO. 99-04593 JOHNNY NICELEY, R-PH., : O0- aa GY . , Respondent. ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, and files this Administrative Complaint before the Board of Pharmacy against the Respondent, JOHNNY NICELEY, R.PH. 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 20.43(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 prosecutorial services : “required by the Division of Medical Quality Assurance, councils or board, as appropriate, thn ik foe 0 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 0016420. Vv eee w 4. Respondent's last known address is 13941 Haynes Road, Dover, Florida 33527. ; 5. Atall times material to the allegations contained within this complaint the Respondent was the pharmacy manager for SUN CITY HOSPITAL, INC. / D/B/A COLOUMBIA SOUTH BAY HOSPITAL, 4016 State Road 674, Sun City, Florida 33573. 6. Onor about June 2, 1999 an investigation was performed by Agents of the it was discovered between November 11, 1998 and May 31, 1999a | a.k.a. Jill Caceres had stolen from SunCity Petitioner and registered nurse known as Jill Heringhaus, Hospital, where the Respondent is employed as the pharmacy manager, the following: a. Demerol 25 mg. 39 vials b. Demerol 50 mg. 315 vials c. Demerol 75 mg. 71 vials d. Demerol 100 mg. — ~ 291 vials e. Percocet 1569 tablets f. Tylox 259 capsules a7. The Respondent failed to keep current and accurate records of receipt and s, nor did the Respondent ensure that all drugs were disposition controlled and distributed in accordance with applicable standards of practice. The registered | nurse known, as Jill Heringhaus used other nurses secret code numbers and lications from the dispensing cabinet. The Respondent did not ensure ~S that the contrdlled substances | removed from the Pyxis machine were reconciled with the {pos drug administration record. ed to ensure that all drugs and biologicals were stored in _ 8. 1e Resp locked storage areas. On June 2 drawer of a medication cart was open and unattended; at approximately 10:30 a.m. a 9, 1999 at approximately 9:40 a.m. the bottom left — DEPARTMENT OF HEALTH Vv a wv medication cart was | observed ‘unattended and not in view of the staff, at 2:15 p.m. a cart was unlocked and left unattended in the hallway; at 2:25 p.m. the cart was again not locked and the bin containing needled and syringes was réadily accessible to anyone; On ; June 30, 1999 at approximately 11:30 a.m. it was observed that on the top of the : medication cart, the Respondent had left in oral form Allopurinol, Prednisone, and Kdur, and an intravenous form of Lasix, without anyone present to secure the medication. li . The conduct of the Respondent as aforesaid is contrary to the provisions contained in Section 465.016(1)(e), Florida Statutes and Rule 64B16-27.400(1)(a), Florida Administrative Code by failing to supervise and be responsible for the controlled substance inventory; and Section 893.07(1)(b), Florida Statutes by failing to keep complete and accurate records of each substance manufactured, received, sold, delivered, or otherwise disposed of by him or her. 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 thisay of Agud 2000. Robert G. Brooks, M.D. Secretary, Department of Health . DEPUTY CLERK : “CLERK PK Yel RM Chief Attorney On Behalf of the Agency for Health Care Administration ce mega eae COUNSEL FOR AGENCY: Lawrence F. Kranert, Jr. Senior ‘Attorney Florida Bar No. 0171063 Agency for Health Care Administration General Counsel's Office - MQA Practitioner Regulation P.O. Box 14229 Tallahassee, Florida 32317-4229 (850) 487-2225 LFK/rt PCP: aCe | oe sop pe IRE EERE Eee oo oe pee re OR _ SETHE RITE ae Hep eer =

Docket for Case No: 00-002264