STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, ve CASE NO. 2010-14404 DAVID J. MOTON, JR., RPT, __ RESPONDENT. eee ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through undersigned counsel, files this Administrative Complaint before the Board of Pharmacy against Respondent, David J. Moton, Jr., RPT, 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 technician within the state of Florida, having been issued license number RPT 26677. 7 3. Respondent’s address of record is 3401 Lakeview Drive, Apartment #710, Tampa, Florida, 33618. 4. ° On or about January 13, 2010, Respondent submitted an application Filed April 3, 2012 2:41 PM Division of Administrative Hearings for a registration as a Simenncy technician. 5. During the application process, Respondent disclosed that he pled nolo cour to possession of cannabis on or about August 6, 2007, pled nolo contendre to possession of drug paraphemaiia on or about January 5, 2010, and pled no contest to misdemeanor possession of cannabis on or about April 9, 2010, 6. Pursuant to Section 893.03(1), Florida Statutes (2007-2011), cannabis is a Schedule I controlled substance, Substances identified on Schedule I have a high potential for abuse when compared to all other substances listed on Schedules I1-V, have no currently accepted medical use in freatment in the United States and in their use under medical supervision does not meet accepted safety standards. th On or about March 29, 2010, the Board issued its Notice of Intent to Approve License with Conditions (Order), requiring Respondent to obtain a substance abuse impairment evaluation with the Professionals Resource Network (PRN) and comply with any PRN. recommendations. 8. After the conditional approval of Respondent’ s license, PRN attempted to contact Respondent in an effort to schedule him for the impairment evaluation as required by the Order; however, Respondent failed to respond to PRN’s inquiries. 9. | On July 20, 2010, PRN closed Respondent’s case file. 10. After initiating an investigation, the Department contacted ti i Scr Te Respondent and scheduled a mutually agreed PRN evaluation for on or about September 20, 2011. 11. Respondent failed to appear for the scheduled evaluation. COUNT ONE 12. Petitioner realleges and incorporates Paragraphs 1 through 11, as if fully set forth herein. 13. Section 456.072(1)(q), Florida Statutes (2010-2011), subjects a licensee to discipline for violating a lawful order of the Department or the Board, or failing to comply with a lawfully issued subpoena of the Department. 14. Respondent violated Section 456.072(1)(q), Florida Statutes (2010- . 2011), by failing to obtain an evaluation from PRN and comply with, any recommendation made by PRN, as required by Board Order. 15. Based on the foregoing, Respondent violated Section 456.072(1)(q), Florida Statutes (2010-2011), by violating a lawful order of the Department or the Board, or failing to comply with a lawfully issued subpoena of the Department. COUNT TWO 16. ‘Petitioner realleges and incorporates Paragraphs 1 through 11, as if fully set forth herein. 17. ) Section 456.072(1)(z), Florida Statutes (201 1), subjects a licensee to discipline for being unable to practice with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. 18. Respondent’s multiple and recent criminal acts involving possession of cannabis and cannabis paraphernalia and his unwillitigness to receive a PRN substance abuse evaluation indicates that he is unable to practice with reasonable skill and safety to patients by reason of use of drugs, narcotics, chemicals or any other type of material or as a result of any mental or physical condition. 19. Based on the foregoing, Respondent violated Section 456.072(1)(z), Florida Statutes (2011), by being unable to practice with Fismable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, ‘chemicals, or any other type of material or as a result of any mental or physical condition. 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. SIGNED this “(day of Oclolasn : , 2011. H, Frank Farmer, Jr.,; M.D., Ph.D., F.A.C.P. State Surgeon General g' Florida Bar #0133 FILED Assistant General Counsel peranry. cea e DOH Prosecution Services Unit ' CLERK Angel Sanders 4052 Bald Cypress Way, Bin C-65 pate 10/31/2011 Tallahassee, FL 32399-3265 (850) 245-4640 (850) 245-4681 FAX gdb PCP Date: October 31, 2011 PCP Members: Lorena Risch, Pharm. D., Michele Weizer, Pharm. D, DOH vs. David J. Moton, Jr., RPT — Case No. 2010-14404 DOH vs. David J. Moton, Jr., RPT Case No. 2010-14404 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 any other discipline imposed.

Docket for Case No: 12-001190PL