858 488 1855 P.@2 oer ae 2008 10:37 Ane" ALLIED HEALTH - ()y Lf 7 FD | ~ cy STATE OF FLORIDA 03 fF DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Aoi Petitioner, ) vs. CASE NO. 2002-25941 OLA'S PHARMACY, INC., Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF HEALTH, by and through undersigned counsel, files this Administrative Complaint before the Board of Pharmacy against Respondent, OLA’S PHARMACY, INC., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of pharmacy pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 465, Florida Statutes. 2. At all times material to this complaint, Respondent was a registered pharmacy within the state of Florida, having been issued license number PH 16734. Respondent holds a community pharmacy permit. OCT-28-2003 19:37 AHCT ALLIED HEALTH 7 658 488 1855 3. Respondent's address of record is 765 E. 9" Street, Hialeah, Fiorida 33010. 4. Onor about September 5, 2002, a Department of Health investigator, attempted to conduct a change of location inspection of Respondent. 5. On or about September 5, 2002, the Department of Health's investigator found medicinal drugs stored outside of Respondent's prescription department. 6. Section 465.023(1)(c), Florida Statutes, provides that the department.or the board may revoke or suspend the permit of any pharmacy permittee, and may fine, place on probation, or otherwise discipline any pharmacy permittee who has violated any of the requirements of Chapter 465 or any of the rules of the Board of Pharmacy; of Chapter 499, known as the “Florida Drug and Cosmetic Act: of 21 U.S.C. ss. 301-392, known as the “Federal Food, Drug, and Cosmetic Act”; of 21 U.S.C. ss. 821 et seq., known as the — Comprehensive Drug Abuse Prevention and Control Act; or of chapter 893. 7. Rule 64B16-28.120(1), Florida Administrative Code, requires that all medicinal drugs or drug preparations as defined by 2 P.@3 OcT-a8-2083 18:37 AHEe ALLIED HEALTH . _. 952 488 1855 { a Section 465.003(7), Florida Statutes, within a community pharmacy, shall be stored within the confines of the prescription department of a community pharmacy permittee. 8. Ola’s Pharmacy failed to store medicinal drugs within the confines of the prescription department of a community pharmacy permittee, in violation of Rule 64B16-28.120(1), Florida Administrative Code. 9. Based upon the foregoing, Respondent violated Section 465.023(1)(c), Florida Statutes, by violating any requirements of Chapter 465 or any of the rules of the Board of Pharmacy; of Chapter 499, known as the “Florida Drug and Cosmetic Act’, of 21 U.S.C. ss. 301-392, known as the “Federal Food, Drug, and Cosmetic Act”; of 21 U.S.C. ss. 821 et seq., known as the Comprehensive Drug Abuse Prevention and Control Act; or of chapter 893, through a violation of Rule 64B16-28.120(1), Florida Administrative Code, by failing to store medicinal drugs within the confines of the prescription department. WHEREFORE, the Petitioner respectfully requests that the Board of Pharmacy enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an e 3 P.04 ~B8-; 13 is QCT-88-28083 1 3? Ae @LLIED HEALTH - administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remediat education and/or any other relief that the Board deems appropriate. SIGNED this _\!" Yay of __“Tuaé 2003. John O. Agwunobi, M.D., M.B.A. Secretary, Department of Health Danille R. Carroll Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar No. 0101893 (850) 414-8126 (850) 488-1855 Fax Reviewed and approved by: By (initials) SZ [72/0 > (date) pep: b/§/0s . PCP welile, vinta t+ fanracle Ola’s Pharmacy, Inc., Case 2002-25941 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. ' - OCT~@B8-2883 16:38 AHC* ALLIED HEALTH 850 488 1855 P.@6 NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed. TOTAL P.@6

Docket for Case No: 03-004782PL