Petitioner: DEPARTMENT OF HEALTH, BOARD OF PHARMACY
Respondent: PET MED EXPRESS
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Health
Locations: Pompano Beach, Florida
Filed: Jan. 12, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, February 1, 2001.
Latest Update: Feb. 28, 2025
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
Petitioner,
vs. ; CASE NO. 00-02192
PET MED EXPRESS, O!l-DIW4
Respondent.
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ADMINISTRATIVE COMPLAINT
COMES NOW, the Petitioner, Department of Health, and files this Administrative
Complaint before the Board of Pharmacy, against the Respondent, GORDON GYOR,
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 2000-160, Florida
Statutes; and Chapter 465, Florida Statutes.
2. Effective July 1, 1997, Petitioner is the state agency charged with
regulating the practice of pharmacy pursuant to Section 20.43, Florida Statutes, Chapter
456, Florida Statutes, (formerly Chapter 455, Part II; see Chapter 2000-160, Laws of
“Florida), Chapter 465, Florida Statutes. Pursuant to Section 20.43(3)(g), Florida Statutes,
the Department has contracted with the Agency for Health Care Administration to
provide consumer complaint, investigative, and prosecutorial services required by the
Division of Medical Quality Assurance, councils, or boards, as appropriate.
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3. Respondent has been at all times pertinent hereto, a duly licensed
pharmacy pursuant to Chapter 465, Florida Statutes, having been issued license number
PH 0014144.
4. The Respondent's last known address is 1441 S.W. 29° Avenue, Pompano
Beach, Florida 33069.
5. On March 15, 2000 this agency received a complaint that the Respondent
had filled a veterinary related prescription without first verifying the prescription with the
veterinarian.
6. During the month of February of 2000, the client of a veterinary named
Tracy W. Land, D.V.M., was contacted by a client to ask for the dosage of Droncit, a
medication that had not been stocked by the veterinarian for over three (3) years. The
client was told that the drug in question was no longer recommended. At the time the
client indicated that he had obtained a new prescription for the medication from Pet Med
Express and the label contained her name, The veterinarian denies that the prescription
was issued or authorized. i
7. Shortly thereafter the complaining veterinarian had one of her technicians
order the same medication over the internet. The confirmation was immediately sent but
the individual who ordered the medication was told it would not be shipped until verified
and approved by the veterinarian in question.
8. Shortly after the medication in question was ordered via the internet it was
shipped to and received by the veterinarian’s technician. No written or telephonic |
authorization was ever issued by the veterinarian whose name appears on the label.
9. The conduct of the Respondent as aforesaid is contrary to the provisions
contained in Section 465.015(2\(), Florida Statutes, for dispensing pharmaceuticals
without a valid prescription.
WHEREFORE, Petitioner respectfilly 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 this| day of { blo , 2000.
Robert G. Brooks, M.D.
Secretary, Department of Health
—_—
By: Nancy M. Snurko
Chief Attorney
On Behalf of the Agency for Health
Care Administration
COUNSEL FOR AGHNCY:
Lawrence F. Kranert, Jr. Fl L
Senior Attorney DEPARTMENT OF HEALTH
Florida Bar No. 0171 eb, CLERK
Agency for Health Care Administration cLerk Whi fh. fe07
General Counsel's Office - MQA heh R fe °
Allied Health DATE lof defp roe?
P.O. Box 14229
Tallahassee, Florida 32317-4229
(850)487-2225
07/13/00
PoP: OM / BS
Deo Y-1Q-O 8
Docket for Case No: 01-000167
Issue Date |
Proceedings |
Mar. 14, 2001 |
Notice of Serving of Petitioner`s Request to Produce and Expert Interrogatories (filed via facsimile). |
Feb. 01, 2001 |
Order Closing Files issued. CASE CLOSED.
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Jan. 31, 2001 |
Motion to Close Case filed by Petitioner.
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Jan. 26, 2001 |
Respondent PetMed Express` Motion to Reschedule Hearing Set for March 27-28, 2001 (filed via facsimile).
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Jan. 23, 2001 |
Order of Consolidation issued. (consolidated cases are: 00-005132, 01-000161, 01-000164, 01-000166, 01-000167, 01-000162PL, 01-000163PL, 01-000165PL, 01-000168PL, 01-000169PL)
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Jan. 16, 2001 |
Initial Order issued.
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Jan. 12, 2001 |
Election of Rights filed.
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Jan. 12, 2001 |
Administrative Complaint filed.
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Jan. 12, 2001 |
Agency referral filed.
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