yom Yu STATE OF FLORIDA - i | i. a D DEPARTMENT OF HEALTH 00 AUG 10 AMIE 17 DIVISIOK Gr DEPARTMENT OF HEALTH, ADMINIS PRATIVE HEARINGS PETITIONER, Vs lk CASE NUMBER: 97-16360 SEMINOLE COUNTY PUBLIC HEALTH UNIT, RESPONDENT. 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 SEMINOLE COUNTY PUBLIC HEALTH UNIT, hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of pharmacy pursuant to Section 20.43, Florida Statutes (Supp. 1996); Chapter 455, Florida Statutes; and Chapter 465, Florida Statutes. Pursuant to the authority of Section 20.43 (3)(g), Florida Statutes, the Petitioner has contracted with the Agency of Health Care . Administration to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate. 2. Respondent is, and has been at all times material hereto, a licensed pharmacy in the State of Florida, having been issued license number 0008766. Respondent’s last known address is 400 W. Airport Blvd., Sanford, FL, 32773. 3. An investigation of Respondent pharmacy was commenced in response to a complaint received alleging that on February 4, 1997, a pharmacist at the Casselberry site of Respondent pharmacy dispensed a medication to Rebecca Cappelle for Cardec drops with incorrect directions - one teaspoon three times daily rather than one dropperful three times daily. 4. _ The investigation revealed the following violations: a. the Casselberry site did not obtain a proper permit; b. __ the Casselberry site did not employ a licensed pharmacist from the time it was opened in December 1994 until July 1996 and that subsequent to July 1996, medications were labeled and dispensed by a pharmacy technician. c. A physician did not review the labeling or the medication when a pharmacist was not employed at the Casselberry site. COUNT I 5. Petitioner realleges and reincorporates the foregoing factual allegations as if fully stated herein. 6. Based on the foregoing, Respondent is subject to discipline pursuant to Section 465.019(1), Florida Statutes, for failing to obtain a permit for its institutional satellite site at Casselberry. COUNT II 7. Petitioner realleges and reincorporates the foregoing factual allegations as if fully stated herein. 8. Based on the forgoing, Respondent is subject to discipline pursuant to Section 465.016(1)(n), Florida Statutes, by violating Rule 64B16-27.104(5), Florida Administrative Code, for failing to maintain a licensed pharmacist designated as the prescription department Wo ~ . manager responsible for maintaining all drug records, providing for the security of the prescription department and following such other rules as relate to the practice of the profession of pharmacy. COUNT III 9. _. Petitioner realleges and reincorporates the foregoing factual allegations as if fully stated herein. 10. __ Based on the foregoing, Respondent is subject to discipline pursuant to Section 465.016(1)(e), Florida Statutes, by violating Section 499.007(1), Florida Statutes, by dispensing a prescription which is mislabeled. WHEREFORE, Petitioner respectfully requests the Board of Pharmacy enter an order imposing one or more of the following penalties: revocation or suspension of the Respondent’s license, restriction of the Respondent’s practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. YY, Ww S90. . SIGNED this 2h day of YARcL ee Robert G. Brooks Secretary, Department of Health ancy M. Snurkowski Chief Attorney Agency for Health Care Administration an SEL FOR THE PETITIONER: cat eginald Dixon, Senior Attorney DEPARTMENT OF HE. . Agency for'Health Care Administration DEPUTY CLERK A Allied Health CLERK he . PO Box 14229 Mili Min Tallahassee, FL 32317-4229 DATE 3B 7SO-Roe0 EROS pee Jor pate: O\WAl 6S Received Event (Event Succeeded) Date: 9/25/00 Time: 758 PM Caaaal vi] 7] Conder: J Remote CSID; —_ ep 25 00 04:0Sp STATE OF FLORIDA DEPARTMENT OF HEALTH / DEPARTMENT OF HEALTH, Petitioner, DOI lyszis 00-3 346 vs. CASE NO.: 97-16360 DUA SEMINOLE COUNTY PUBLIC HEALTH UNIT, Respondent. / RESPONDENT’S CERTIFICAT OF SERVICE INTERROGATORIES TO DEFENDANT This certifies that these interrogatories have been propounded to the Petitioner and served with a copy of this Certificate to Lawrence F. Kranert, Sr. Atty., AHCA, General Counsel’s Office, Allied Health, 2727 Mahan Drive (Palmer Building) Tallahassee, FL 32308; Nancy M. Snurkowski, Chief Atty., AHCA, PO Box 14229, Tallahassee, FL 32317-4229, this _’*day of September, 2000. Le News B ‘Sonia Nieves Burton Chief Legal Counsel for Seminole County Health Department 400 W. Airport Boulevard Sanford, FL 32773 Florida Bar No. 606510 Tel No. (407) 665-3201 Fax No. (407) 741-4655

Docket for Case No: 00-003346