Petitioner: DEPARTMENT OF HEALTH, BOARD OF PHARMACY
Respondent: DAVID L. BRENNAN, R.PH.
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Health
Locations: St. Petersburg, Florida
Filed: Sep. 17, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, October 16, 2008.
Latest Update: Dec. 24, 2024
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P.@3
STATE OF FLORIDA 4
DEPARTMENT OF HEALTH oO
oo
DEPARTMENT OF HEALTH, 3
a
Petitioner,
vs. CASE NO. 2005-53776
i DAVID L. BRENNAN, R.Ph.,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, Department of Health, by and through undersigned
counsel, files this Administrative Complaint before the Board of
1.
Pharmacy against Respondent, David L. Brennan, R.Ph., and alleges:
mene e
Petitioner is the state department charged with regulating
the practice of pharmacy pursuant to Section 20.43, Florida Statutes;
Chapters 456, Florida Statutes; and Chapter 465, Florida Statutes.
2. — At all times material to this Complaint, Respondent was a
licensed pharmacist within the state of Florida, having been issued
license number PS 32515.
3.
Respondent's address of record is 704 Glenwood Terrace,
Tarpon Springs, Florida 33701.
2:\PSU\Allled Heatth\Pharmacy\Cecllie\AC- Brennan, David 2005-53776.doc
Board of Pharmacy to dispense medications to residents of
t
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4. — At all times material to this compliant, Respondent was the
prescription department manager (PDM) of record for Bi-Wise Drugs,
Inc. (Bi-Wise)
5. Onor about January 12, 2005, Bi-Wise shipped or
mailed a prescription for hydrocodone to patient BK at an address in
Cordova, Tennessee.
6. On or about April 12, 2005, Bi-Wise shipped or mailed a
prescription for hydrocodone to patient JH at an address in Cordova,
Tennessee.
7. In January 2005, Bi-Wise was not licensed by the
Tennessee Board of Pharmacy to dispense medications to residents
of Tennessee.
aA MTENTITY RTs SP anor nt i ss sales
Tennessee,
9. The state of Tennessee requires pharmacies that ship,
mail, deliver, dispense, and/or provide prescription drugs and/or
devices to state residents be licensed by the Tennessee Board of
Pharmacy.
JAPSUVllied Health\Pharmacy\Ceciila\Ac- Brennan, David 2005-53776.doc 2
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10. On or about April 7, 2005, the Tennessee Board of
Pharmacy issued a cease and desist letter to Bi-Wise.
11. Section 465.016(1)(r), Florida Statutes (2004), provides
that violating any provision of Chapter 465, Florida Statutes, or
Chapter 456, Florida Statutes, or any rules adapted pursuant thereto .
constitutes grounds for disciplinary action by the Board of Pharmacy.
- 12, Section 456.072(1)(k), Florida Statutes (2004), provides
that failing to perform any statutory or legal obligation placed upon a
licensee constitutes grounds for disciplinary action by the Board of
Pharmacy.
13. Based on his status as prescription department manager,
Respondent failed to perform a legal obligation by ensuring that Bi-
responsible for regulating the practice of pharmacy in Tennessee
prior to shipping, mailing, delivering, dispensing, and/or providing
prescription drugs and/or devices to Tennessee residents,
14, Based upon the foregoing, Respondent has violated
Section 465.016(1)(r), Florida Statutes (2004), by violating any
provision of Chapter 456, Florida Statutes, through a violation of
, T\PSUVllied Health\Pharmacy\Cecilie\AC- Brennan, David 2005-53776.doc 3
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Section 456.072(1)(k), Florida Statutes (2004), by failing to perform
any Statutory or legal obligation imposed upon a licensee.
WHEREFORE, 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 administrative fine,
issuance of a reprimand, placement of Respondent on probation,
corrective action, refund of fees billed or collected, remedial
education and/or any other relief that the Board deems appropriate.
SIGNED this ld- day of. Lurenlur , 2005.
M. Rony Francois, M.D., M.S.P.H., Ph.D.
Secretary, Department of Health
7 ; , ;
: ant: 5: = = — = = ie yi as ie = — = = . hie
DEPUTY GLERK Assistant General Counsel
Aug Mel DOH Prosecution Services Unit
DATE - pt 4052 Bald Cypress Way, Bin C-65
Tallahassee, FL 32399-3265
_ Florida Bar No. 0250340
(850) 245-4154
(850) 245-4681 FAX
PCP: 1/21 /os
PCP Members: Powers v Mare,
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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.
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Docket for Case No: 08-004543PL
Issue Date |
Proceedings |
Oct. 16, 2008 |
Order Closing File. CASE CLOSED.
|
Oct. 14, 2008 |
Motion to Relinquish Jurisdiction filed.
|
Sep. 24, 2008 |
Order of Pre-hearing Instructions.
|
Sep. 24, 2008 |
Notice of Hearing (hearing set for October 27, 2008; 9:00 a.m.; St. Petersburg, FL).
|
Sep. 22, 2008 |
Notice of Serving Petitioner`s First Set of Interrogatories filed.
|
Sep. 22, 2008 |
Joint Response to Initial Order filed.
|
Sep. 17, 2008 |
Initial Order.
|
Sep. 17, 2008 |
Request for Formal Administrative Hearing Involving Issues of Material Fact filed.
|
Sep. 17, 2008 |
Notice of Appearance for Petitioner (filed by C. Sykes).
|
Sep. 17, 2008 |
Election of Rights filed.
|
Sep. 17, 2008 |
Administrative Complaint filed.
|
Sep. 17, 2008 |
Agency referral filed.
|