U rw) Oh EG STATE OF FLORIDA 1B hee DEPARTMENT OF HEALTH 00 WL 25. AMID: 31 OWE Sita Lt DEPARTMENT OF HEALTH, ADMINIS BAI ATIVE , . HEAR! ay INGS Petitioner, Vs. CASE NO. 99-03364 JOHN E. KEELING, R.PH., Respondent. / | 0-30 2 | "ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, and files this Administrative Complaint before the Board of Pharmacy against the Respondent, JOHN E. KEELING 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, 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 PU 0003057. U | Vv 4. Respondent's last known address is 1282 Kingsway Lane, Tarpon Springs, Florida 34689. 5. Atall times material to the allegations contained within this complaint the Respondent was the consultant pharmacist for APS Pharmacy Management, Inc. 6. Onor about May 5, 1999 an investigation was performed by Agents of the Petitioner and it was discovered that on or about January 2, 1999 a shipment of eight (8) packages of Vicodin E.S. 7.5/750 tablets 7.5 mg. each were delivered to the pharmacy where the Respondent is employed as a consultant pharmacist and were signed for by the pharmacy manager. The shipment of Schedule II controlled substance pharmaceuticals were left outside of the pharmacy department in the garage area, that was unlocked and unsecured, as anyone had access to the shipment of pharmaceuticals. This shipment was valued at $551.36. 7. On or about January 8, 1999 a pharmacy technician entered into the computer system an order for $3226.80 of Schedule II and III controlled substances from the distributor that services the pharmacy. The pharmacy technicians had been trained by the pharmacy staff to enter into the computer system orders of pharmaceuticals to be delivered by the distributor. The pharmaceuticals ordered are as follows: a. Valium 10 mg. 3 x 500 tablets. b. Vicodin E.S. 7.5/750 7.5 mg. 3 x 500 tablets. c. Vicodin E.S. 7.5/750 7.5 mg. 3 x 100 tablets. d. Vicodin Tuss Syrup 100/5 480 ml. e. Vicoprofen 7,5/200 3 x 500 tablets. 8. On or about January 9, 1999 the aforementioned list of Schedule II and III controlled substances were delivered to the pharmacy where the Respondent is as a pharmacy consultant and the invoice was signed by a pharmacy technician employed by the pharmacy. The shipment of pharmaceuticals were left again outside the confines of the pharmacy department in the unlocked and unsecured garage area, which allowed access to the Schedule I and III controlled substances by anyone. 9. On or about January 11, 1999 it was discovered by the pharmacy’s purchasing agent that the purchase orders and invoices were missing for the January 2, 1999 and the January 9, 1999 delivery of Schedule II and HI controlled substances. Copies of the missing documents were faxed to the pharmacy from the distributor. These documents revealed that not only had Schedule II and III controlled substances been ordered that were not kept at the facility in such large quantities, but these pharmaceuticals were missing from the inventory of the facility. 10. During the investigation the Lantana Police Department arranged to purchase a quantity of the stolen pharmaceuticals from a pharmacy technician employed by the Subject pharmacy. The purchase was made from the pharmacy technician and a warrant was issued for his arrest on March 23, 1999. To date the pharmacy technician has not been apprehended, and remains at large. 1]. The conduct of the Respondent as aforesaid is contrary to the provisions contained in Section 465.016(1)(e), Florida Statutes, and Rule 64B16-28.112, Florida Administrative Code by owning, operating, maintaining a pharmacy wherein that sale, possession, or transfer of possession, either with or without a prescription, of any medicinal drug is done in violation of the laws of the State of Florida or any federal laws; . Rule 64B16-28.120(1), Florida Administrative Code by failing to store all medicinal drugs or drug preparations within the confines of the prescription department of the community pharmacy; Rule 64B16-27.430, Florida Administrative Code by the delegation of duties, tasks or functions to a pharmacy intern without the continuing review and ultimate supervision of a Florida licensed pharmacist who instigated the specific task, so that the continuity of supervised activity is present between the VU WY pharmacist and the pharmacy technician; Rule 64B16-27.400(1)(a), Florida Administrative Code by failing to supervise and be responsible for the controlled substance inventory; and Rule 64B16-27.410, Florida Administrative Code by failing to have a pharmacy technician under the direct and immediate supervision of a Florida licensed 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 notes of 4h AKL ae Robert G. Brooks, M.D. Secretary, Department of Health FILED _ fi DEPARTS a By: Nancy M. Snurkowski , Chief Attorney CLERK i On Behalf of the Agency for lo) lee) Health Care Administration pate__ ogo _- f 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 AG PCP: Ghul 0

Docket for Case No: 00-003029PL