v. CASE NO. 2012-02056
MICHAEL C. LOMANGINO, R.PH.,
RESPONDENT.
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.
At all times material to this Complaint, Respondent was a registered pharmacist within the state of Florida, having been issued license number PS 28489.
Filed March 30, 2012 3:45 PM Division of Administrative Hearings
Respondent's address of record is 2814 Juniper Drive, Edgewater, Florida 32141.
At all times material to this Complaint, Respondent was
employed as a pharmacist at Steve's Pharmacy, located in Daytona Beach, Florida.
On or about February 7, 2012, a Volusia County Sheriff's Deputy conducted a routine traffic stop of Respondent's vehicle.
At the time of the traffic stop, Respondent was operating the vehicle, which was carrying one female passenger and one male passenger.
During the stop, the Deputy searched Respondent's vehicle and recovered a clear baggie in the driver's door pocket containing a receipt from Steve's Pharmacy and 253 pills (114 tablets of clorazepate dipotassium, 65 tablets of hydrocodone 500 mg, 72 tablets of methadone and 2 tablets of oxycodone 30 mg), as well as marijuana (less than one gram).
Clorazepate dipotassium is prescribed to treat anxiety.
According to Section 893.03(4), Florida Statutes (2011), clorazepate dipotassium is a Schedule IV controlled substance that has a low potential
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Case No. 2012-02056
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for abuse relative to the substances in Schedule III and has a currently accepted medical use in treatment in the United States. Abuse of clorazepate dipotassium may lead to limited physical or psychological dependence relative to the substances in Schedule III
Hydrocodone is commonly prescribed to treat pain. According
to Section 893.03(2), Florida Statutes (2011), hydrocodone is a Schedule II controlled substance that has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States. Abuse of hydrocodone may lead to severe psychological or physical dependence.
Methadone is prescribed to treat pain. According to Section 893.03(2), Florida Statutes (2011), methadone is a Schedule II controlled substance that has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States. Abuse of methadone may lead to severe psychological or physical dependence.
Oxycodone is commonly prescribed to treat pain. According to Section 893.03(2), Florida Statutes· (2011), oxycodone is a Schedule II controlled substance that has a high potential for abuse and has a
OOH v. Michael C. Lomangino, R.Ph. 3
currently accepted but severely restricted medical use in treatment in the United States. Abuse of oxycodone may lead to severe psychological or physical dependence.
Marijuana contains cannabis, a schedule I controlled substance listed in Chapter 893, Florida Statutes (2011). A substance in schedule I has a high potential for abuse and has no currently accepted medical use in treatment in the United States.
Further search of Respondent's vehicle revealed three pharmacy pill bottles with no names printed on the labels.
The first bottle contained 0.6 grams of alprazolam 2 mg tablets, 2.2 grams of clonazepam 1 mg tablets and 0.6 grams of methadone 10 mg tablets.
The second bottle contained 1 tablet of alprazolam 1 mg, diazepam 5 mg, 3 tablets of hydromorphone 8 mg, 1 tablet of Lunesta 2 mg, 5 tablets of methadone 10 mg, 0.06 grams of oxycodone 5 mg tablets, 0.03 grams of oxycodone 10 mg tablets, 3.3 grams of oxycodone 15 mg and 0.01 grams of oxycodone 30 mg.
The third bottle contained 4.6 grams of oxycodone 10 mg.
Alprazolam is prescribed to treat anxiety. According to Section 893.03(4), Florida Statutes (2011), alprazolam is a Schedule IV controlled substance that has a low potential for abuse relative to the substances in Schedule III and has a currently accepted medical use in treatment in the United States. Abuse of alprazolam may lead to limited physical or psychological dependence relative to the substances in Schedule III.
Clonazepam is commonly prescribed to treat anxiety. According to Section 893.03(4), Florida Statutes (2011), clonazepam is a Schedule IV controlled substance that has a low potential for abuse relative to the substances in Schedule III and has a currently accepted medical use in treatment in the United States. Abuse of clonazepam may lead to limited physical or psychological dependence relative to the substances in Schedule III.
Hydromorphone is commonly prescribed to treat pain.
According to Section 893.03(2), Florida Statutes (2011), hydromorphone is a Schedule II controlled substance that has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States. Abuse of hydromorphone may lead to severe psychological or physical dependence.
Lunesta is the brand name for a sedative-hypnotic drug that contains eszopiclone. Lunesta is currently a legend drug, but is not on the schedule of controlled substances.
The Deputy searched Respondent's person and found 2 tablets of alprazolam 1 mg, 3 tablets of methadone 10 mg and $428.68.
In the back seat of Respondent's vehicle, police recovered a plastic baggie containing narcotic equipment (a spoon with narcotic residue and a shoelace).
The Volusia County Sheriff's Office obtained a search warrant of Respondent's home at 2814 Juniper Drive, Edgewater, Florida.
On or about February 7, 2012, the Volusia Bureau of Investigation (VBI), executed the search warrant at Respondent's home.
During the search, VBI seized the following items from Respondent's home:
One loaded Colt Python 0.357 caliber magnum revolver;
637 tablets of hydrocodone;
275 tablets of morphine;
322.5 tablets of methadone;
212 tablets of oxycodone;
33 tablets of Oxycontin;
57.5 tablets of Adderall;
40 tablets of Endocet;
1,115.5 tablets of Xanax;
756.5 tablets of Soma;
640.5 tablets of diazepam;
27 tablets of Suboxone;
19 tablets of codeine; and
4 tablets of Valium.
Hydrocodone is the drug described in paragraph 9 above.
Morphine is prescribed to treat pain. According to Section 893.03(2), Florida Statutes (2011), morphine is a Schedule II controlled substance that has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States. Abuse of morphine may lead to severe psychological or physical dependence.
Methadone is the drug described in paragraph 10 above.
Oxycodone is the drug described in paragraph 11 above.
Oxycontin is a semi-synthetic opiate that contains oxycodone hydrochloride, a Schedule II controlled substance defined in Chapter 893, Florida Statutes (2011), which is indicated for the relief of moderate to severe pain. Oxycontin has a high potential for abuse and has a currently accepted, but limited, medical use in treatment in the United States. Abuse of this substance may lead to severe physical and psychological dependence.
Adderall is the brand name for a drug that contains amphetamine, commonly prescribed to treat attention deficit disorder. According to Section 893.03(2), Florida Statutes (2011), amphetamine is a Schedule II controlled substance that has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States. Abuse of amphetamine may lead to severe psychological or physical dependence.
Endocet contains oxycodone and is prescribed to treat pain.
According to Section 893.03(2), Florida Statutes (2011), oxycodone is a Schedule II controlled substance that has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment
in the United States. Abuse of oxycodone may lead to severe psychological or physical dependence.
Xanax is a brand name for alprazolam, the drug described in paragraph 17 above.
Soma is the brand name for carisoprodol, a muscle relaxant commonly prescribed to treat muscular pain. According to Section 893.03(4), Florida Statutes (2011), carisoprodol is a Schedule IV controlled substance that has a low potential for abuse relative to the substances in Schedule III and has a currently accepted medical use in treatment in the United States. Abuse of carisoprodol may lead to limited physical or psychological dependence relative to the substances in Schedule III.
Diazepam is prescribed to treat anxiety. According to Section 893.03(4), Florida Statutes (2011), diazepam is a Schedule IV controlled substance that has a low potential for abuse relative to the substances in Schedule III and has a currently accepted medical use in treatment in the United States. Abuse of diazepam may lead to limited physical or psychological dependence relative to the substances in Schedule III.
Suboxone contains buprenorphine and is prescribed to treat pain. According to Section 893.03(5), Florida Statutes (2011),
buprenorphine is a Schedule V controlled substance that has a low potential for abuse relative to the substances in Schedule IV and has a currently accepted medical use in treatment in the United States. Abuse of buprenorphine may lead to limited physical or psychological dependence relative to the substances in Schedule IV.
Codeine is commonly prescribed to treat pain. According to Section 893.03(2), Florida Statutes (2011), codeine is a Schedule II controlled substance that has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States. Abuse of codeine may lead to severe psychological or physical dependence.
Valium is a brand name for diazepam, the drug described in paragraph 35 above.
Respondent did not have a valid prescription for clorazepate dipotassium, hydrocodone, methadone, oxycodone, marijuana, alprazolam, clonazepam, hydromorphone, Lunesta, morphine, Oxycontin, Adderall, Endocet, Xanax, Soma, diazepam, Suboxone, codeine and/or Valium.
Respondent admitted to law enforcement that in order ,to enable the o:xycodone addiction of his female passenger, he stole controlled substances from Steve's Pharmacy to sell or trade on the street.
Respondent admitted to law enforcement that he stole several hundred pills each week from Steve's Pharmacy.
As a result of this incident, the State of Florida charged Respondent with trafficking hydrocodone more than 28 grams, trafficking o:xycodone more than 4 grams, possession of schedule III and schedule IV narcotics and possession of drug paraphernalia.
COUNT ONE
Petitioner realleges and incorporates paragraphs one (1) through forty-one (41), as if fully set forth herein.
Section 465.016(1)(i), Florida Statutes (2011), provides that compounding, dispensing, or distributing a legend drug, including any controlled substance, other than in the course of the professional practice of pharmacy constitutes grounds for disciplinary action.
As set forth above, Respondent's dispensed or distributed legend drugs outside the course of the professional practice of pharmacy
when he stole drugs from his employer and/or when he sold, exchanged or gave illegally obtained drugs to others.
Based on the foregoing, Respondent violated Section 465.016(1)(i), Florida Statutes (2011), by compounding, dispensing, or distributing a legend drug, including any controlled substance, other than in the course of the professional practice of pharmacy.
COUNT TWO
Petitioner realleges and incorporates paragraphs one (1) through forty-one (41), as if fully set forth herein.
Section 465.016(1)(e), Florida Statutes (2011), provides that violating Chapter 893 constitutes grounds for disciplinary action.
Section 893.013(6)(a), Florida Statutes (2011), provides that it is unlawful for any person to be in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice or to be in actual or constructive possession of a controlled substance except as otherwise authorized by this chapter.
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As set forth above, Respondent was in actual or constructive possession of controlled substance(s) not lawfully obtained from a practitioner or pursuant to a valid prescription.
Based on the foregoing, Respondent violated Section 465.016(1)(e), Florida Statutes (2011), by violating Section 893.013(6)(a), Florida Statutes (2011), by unlawfully possessing controlled substances.
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 the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate.
PCP Members: M. Weizer & G. Meshad
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.
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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