Jun 14 200? 10:16 JUN- 14-2087 18:32 P.QS ® sd STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, : “ny . . CV-AESF PE PETITIONER, Vv. CASE NO. 2004-23633 DANA LEVINSON, D.O., RESPONDENT. _S ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Osteopathic Medicine against Respondent, Dana Levinson, D.O., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of osteopathic medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 459, Florida Statutes. 2. Respondent is and has been at all times material hereto a licensed osteopathic physician in the state of Florida, having been issued license number OS 5734 on July 21, 1989. 3. Respondent's last known address of record is 17011 Pines Boulevard, Pembroke Pines, Florida 33027. Jun 14 200? 10:16 JUN-14-2887 19:32 P.66 e e 4. At all times material hereto, Respondent was the supervisor of an Advanced Registered Nurse Practitioner (ARNP) who worked at Respondent's practice location. 5. Section 465.025(7), Florida Statutes (2002) (2003), requires dispensing practitioners to display in a prominent place that is in clear and unobstructed public view, at or near the place where prescriptions are dispensed, a sign in block letters not less than 1 inch in height which shall read: "CONSULT YOUR PHARMACIST CONCERNING THE AVAILABILITY OF A LESS EXPENSIVE GENERICALLY EQUIVALENT DRUG AND THE REQUIREMENTS OF FLORIDA LAW.” 6. Section 465.0276(2)(c), Florida Statutes (2002) (2003), requires dispensing practitioners to, before dispensing any drug, give the patient a written prescription and orally or in writing advise the patient that the prescription may be filled in the practitioner's office or at any pharmacy. ?. Section 465.0276(2)(a), Florida Statutes (2002) (2003), requires dispensing practitioners to register with her or his professional licensing board as a dispensing practitioner and pay a fee not to exceed $100 at the time of such registration and upon each renewal of her or his license before dispensing any medications. 8. Section 893.05(1), Florida Statutes (2002) (2003), allows a practitioner, in good faith and in the course of his or her professional practice only, to prescribe, administer, dispense, mix, or otherwise prepare a controlled substance, or cause the same to be administered by a licensed nurse or an intern practitioner under his or her Jun 14 200? 10:17 direction and supervision only. Section 893.02(19), Florida Statutes (2002) (2003), JUN-14-208? 18:32 P.8? defines a “practitioner” as a physician licensed pursuant to Chapter 458, a dentist licensed pursuant to Chapter 466, a veterinarian licensed pursuant to Chapter 474, an osteopathic physician licensed pursuant to Chapter 459, a naturopath licensed pursuant to Chapter 462, or a podiatric physician licensed pursuant to Chapter 461, provided such practitioner holds a valid federal controlled substance registry number. 9. Section 499.0121(5)(a)1., Florida Statutes (2002) (2003), provides that Prescription drugs that are outdated, damaged, deteriorated, misbranded, or adulterated must be quarantined and physically separated from other prescription drugs until they are destroyed or returned to their supplier A quarantine section must be separate and apart from other sections where prescription drugs are stored so that Prescription drugs in this section are not confused with usable prescription drugs. 10. Section 893.07(1)(a), Florida Statutes (2002) (2003), requires every person who engages in the manufacture, compounding, mixing, cultivating, growing, or by any other process producing or preparing, or in the dispensing, importation, or, as a wholesaler, distribution, of controlled substances to, on January 1, 1974, or as soon thereafter as any person first engages in such activity, and every second year thereafter, make a complete and accurate record of all stocks of controlled substances on hand. The inventory may be prepared on the regular physical inventory date which is nearest to, and does not vary by more than 6 months from, the biennial date that would otherwise apply. As additional substances are designated for control under this chapter, they shall be inventoried as provided for in this subsection, Jun 14 2007 10:1? JUN-14-2087 18:33 P.@8 6 e 11. On or about June 20, 2003, an investigator for Petitioner presented to Respondent’s practice office to conduct a routine dispensing practitioner annual inspection of the ARNP who worked at Respondent's practice location, and who was supervised by Respondent. 12. The inspection by the investigator revealed multiple violations, including, but not limited to, the following: a) There was no generic drug sign displayed in violation of Section 465.025(7), Florida Statutes (2002); b) Respondent and the ARNP were not writing prescriptions for the medications they dispensed in violation of Section 465.0276(2)(c), Florida Statutes (2002); c) At the time of the inspection, Respondent was dispensing medications without being registered with the Board as a dispensing Practitioner in violation of Section 465.0276(2)(a), Florida Statutes (2002); d) The ARNP Respondent was supervising had been dispensing Fastin, a Schedule IV controlled substance, since 1999 in violation of Section 893.05(1), Florida Statutes (2002); e) There were multiple outdated medications kept in stock at Respondent's practice location in violation of Section 499.0121(5)(a)1,, Florida Statutes (2002); and Jun 14 200? 10:17 JUN-14-2887 19:33 P.a9 @ @ f) There had been no controlled substance biennial inventory conducted by Respondent or the ARNP in violation of Section 893.07(1)(a), Florida Statutes (2002). 13. On or about July 2, 2003, Respondent registered with the Board as a dispensing practitioner. 14. On or about September 18, 2003, an investigator for Petitioner returned to Respondent's practice location to conduct a follow-up dispensing practitioner inspection of Respondent and the ARNP. 15. When the investigator presented to Respondent's practice location on or about September 18, 2003, the investigator was told the ARNP was on a leave of absence and that all dispensing was being done by Respondent. The investigator then proceeded to conduct a dispensing practitioner inspection of Respondent. 16. The dispensing practitioner inspection the investigator for Petitioner conducted on Respondent at his practice location on or about September 18, 2003, revealed multiple violations, including, but not limited to, the following: a) Respondent was not providing written prescriptions for the medications he dispensed in violation of Section 465.0276(2)(c), Florida Statutes (2003); and b) There had been no controlled substance biennial inventory conducted by Respondent in violation of Section 893.07(1)(a), Florida Statutes (2003). Jun 14 200? 10:17 JUN-14-288? 18:33 P.16 @ @ NT ONE “17. Petitioner realleges and incorporates paragraphs one (1) through sixteen (16) as if fully set forth herein. 18. Section 459.015(1)(g), Florida Statutes (2002) (2003), provides that failing to perform any statutory or legal obligation placed upon a licensed osteopathic physician constitutes grounds for disciplinary action by the Board of Osteopathic Medicine. 19. As revealed by the June 20, 2003 dispensing practitioner inspection, Respondent failed to perform a statutory or legal obligation placed upon a licensed osteopathic physician in that Respondent was dispensing medications without being registered with the Board as a dispensing practitioner in violation of Section 465.0276(2)(a), Florida Statutes (2002). 20. As revealed by the September 18, 2003 dispensing practitioner Inspection, Respondent failed to perform a statutory or legal obligation placed upon a licensed osteopathic physician in one or more of the following ways: a) Respondent was not providing written prescriptions for the medications as required by Section 465.0276(2)(c), Florida Statutes (2003); and b) Respondent did not conduct a controlled substance biennial inventory as required by Section 893.07(1)(a), Florida Statutes (2003). Jun 14 200? 10:18 JUN-14-2087 10:33 Plt é @ 21. Based on the foregoing, Respondent has violated Section 459.015(1)(g), Florida Statutes (2002) (2003), by failing to perform any statutory or legal obligation placed upon a licensed osteopathic physician. COUNT TWO 22. Petitioner realleges and incorporates paragraphs one (1) through sixteen (16) as if fully set forth herein. 23. Section 459.015(1)(hh), Florida Statutes (2002), provides that failing to supervise adequately the activities of those physician assistants, paramedics emergency medical technicians, advanced registered nurse practitioners, or other persons acting under the supervision of the osteopathic physician constitutes grounds for disciplinary action by the Board of Osteopathic Medicine. 24, As revealed by the June 20, 2003 dispensing practitioner inspection, Respondent failed to supervise adequately the activities of the ARNP in one or more of the following ways: a) Respondent allowed the ARNP to dispense medications without having a generic drug sign displayed in violation of Section 465.025(7), Florida Statutes (2002); b) Respondent allowed the ARNP to dispense medications without writing prescriptions for the medications she dispensed in violation of Section 465.0276(2)(c), Florida Statutes (2002); JUN~ 14-2887 18:34 Jun 14 200? 10:18 ® @ c) Respondent allowed the ARNP to dispense Fastin, a Schedule IV controlled substance, since 1999 in violation of Section 893.05(1), Florida Statutes (2002); d) Respondent allowed the ARNP to keep multiple outdated medications in stock at Respondent’s practice location in violation of Section 499.0121(5)(a)1., Florida Statutes (2002); and e) Respondent allowed the ARNP to dispense medications without conducting a contrailed substance biennial inventory in violation of Section -12 25. 893.07(1)(a), Florida Statutes (2002). Based on the foregoing, Respondent has violated Section 459.015(1)(hh), Florida Statutes (2002), by failing to supervise adequately the activities of those physician assistants, paramedics, emergency medical technicians, advanced registered nurse practitioners, or other persons acting under the supervision of the osteopathic physician WHEREFORE, the Petitioner respectfully requests that the Board of Osteopathic Medicine 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 administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. Jun 14 2007 10:18 JUN-14-2887 18:34 P.13 6 @ SIGNED this Hh day of MMA _, 200) John O. Agwunobi, M.D., M.B.A., M.P.H. Secretary, Department of Health RICHARD SHOOP— Kathryn &. Price Assistant General Counsel! FiLes Florida Bar # 6369234 £50 S60 ivi . . . DEPARTMENT OF DOH, Prosecution Services Unit DEPUTY cusme 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 cue Ninth, Colman ‘er. (850) 414-8126 Fax: (850) 488-1855 . RUS/rs Reviewed and approved by: ME (initials) o/2 7 £Y (date) PCP Date: 12 -25-0S” PCP Members: ##p-h + Kaw fers 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. 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. OANA LEVINSON, 0.0,, DOH CASE NO. 2004-23633

Docket for Case No: 07-002659PL