ae ' I i STATE OF FLORIDA ae En DEPARTMENT OF HEALTH 97 yp EF . . ~2 Puy co : Aoi Sin m DEPARTMENT OF HEALTH, He 2 eS CARA bed PETITIONER, | = ; o vs. CASE NUMBER: 98-13787 _ - . m™ it m : KENNETH M. LOOMIS, " (l- 407 LPL | S - | RESPONDENT. | y 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 KENNETH M. LOOMIS, hereinafter referred to as “Respondent,” and alleges: SEAR NN INNO Harem nie Rantene ee: 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 i i ‘ 7 ; (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 pharmacist in the State of Florida, having been issued license number 0015155. Respondent’s last known address is 121 Fernwood Street, Orlando, Florida 32806. 3. On or about February 25, 1998, Respondent was ae . cocaine. - SS 4. Respondent stated he was buying cocaine to deal with some stress. He also stated he drinks on a fairly regular basis (maybe a six-pack a day) to help him sleep, and occasionally takes Halcion for pain relief. Despite this, Respondent maintained that he does not believe he has a substance abuse problem. 5. On or about May 28, 1998, a report was received by investigator Michael Magnuson from the Physicians Resource Network, stating that, after being evaluated subsequent ° to the arrest for cocaine possession, Respondent failed to follow recommendations that he enter into treatment for alcohol dependence, cocaine abuse and sedative abuse. COUNT I 6. Petitioner realleges and reincorporates the foregoing factual allegations as if fully stated herein. 7. Based on the foregoing, Respondent is subject to discipline for violating Section 465.016(1)(d), Florida Statutes, by being unfit or incompetent to practice pharmacy by reason of habitual intoxication and/or the misuse or abuse of any medicinal drug appearing in any schedule set forth in Chapter 893. COUNT II 8. Petitioner realleges and reincorporates the foregoing factual allegations as if fully stated herein. 9. Based on the forgoing, Respondent is subject to discipline for violating Section 465.016(1)(m), Florida Statutes, by being unable to practice pharmacy with reasonable skill and safety by reason of illness, use of drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. * # - COUNSEL FOR PETITIONER: WHEREFORE, Petitioner respectfully Fequests the Board of Pharmacy enter an order imposing one or more of the following penalties: revocation or suspension of the Respopdent’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. SIGNED this _| 2 fhday of AVR AA __, 1999. Robert G. Brooks, Chief Attorney Agency for Health Care Administration Carolyn Taylor, Attomey Agency for Health Care Administration ; . Allied Health P.O. Box 14229 Tallahassee, FL 32317-4229 (850) 487-9690 CT/tmh -- PCP: Wood and Stamitoles Fi LE D DATE: December 15, 1998 DEPARTMENT OF HEALTH EPUTY CER CLERKs pate_“D< (G- 99 (Gr Dim

Docket for Case No: 01-003074PL