STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, | PETITIONER, Vv. CASE NO. 2009-21862 WAYNE THOMAS WHITE, R.PH., RESPONDENT. | ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Pharmacy against Respondent, Wayne Thomas White, R.Ph., and in support thereof alleges: 4. 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 Administrative Complaint, Respondent was a licensed pharmacist (R.Ph.) within the state of Florida, having been issued license number PS 20751. 3. Respondent's address of record is 10800 Northwest 17" Avenue, Miami, Florida 33167. 4. On or about May 12, 2010, a superseding indictment was unsealed alleging that Respondent illegally distributed controlled and non- controlled prescription drugs without valid prescriptions between in or about April 2005, and December 7, 2009. 5. On or about May 12, 2010, Respondent was arrested by federal law enforcement officers and notified of the superseding indictment charging him with twenty six (26) counts, including conspiracy to distribute controlled substances in violation of 21 U.S.C. 846, distribution of controlled substances in violation of 21 U.S.C. 841, conspiracy to commit international money laundering in violation of 18 U.S.C. 1956, conspiracy to introduce misbranded drugs into interstate commerce in violation of 18 U.S.C, 371, and mail fraud in violation of 18 U.S.C. 1341. 6. On or about January 30, 2013, in the United States District Court, Eastern District of Pennsylvania, in case number 2:09-cr-00682-JF-2, . Respondent was found guilty of one (1) count of conspiracy to distribute controlled substances, a felony, in violation of 21 U.S.C. 846, ten (10) counts of distribution of controlled substances, a felony, in violation of 21 Department of Health v. Wayne Thomas White, R.Ph. 2 Case Number 2009-21862 _ U.S.C. 841(a)(1), one (1) count of international money laundering, a felony, in violation of 18 U.S.C. 1956(h), and one (1) count of conspiracy to introduce misbranded drugs into interstate commerce, a felony, in violation of 18 U.S.C, 371. | 7. Section 456.072(1)(0), Florida Statutes (2012), provides that being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice pharmacy, constitutes grounds for disciplinary action, 8. As set forth above, Respondent was found guilty of crimes relating to the practice of pharmacy or the ability to practice pharmacy, when he was found guilty in the United States District Court, Eastern District of Pennsylvania, of one. (1) count of conspiracy to distribute controlled substances, a felony, in violation of 21 U.S.C. 846, ten (10) counts of distribution of controlled substances, a felony, in violation of 21 U.S.C. 841(a)(1), and one (1) count of conspiracy to introduce misbranded drugs into interstate commerce, a felony, in violation of 18 U.S.C. 371. 9. Based on the foregoing, Respondent violated Section 456.072(1)(c), Florida Statutes (2012), by being convicted or found guilty Department of Health v. Wayne Thomas White, R.Ph. 3 Case Number 2009-21862 ; of, or entering ‘a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice pharmacy. 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 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 gt day of___ March 2013. John H. Armstrong, MD, FACS State Surgeon General and Secretary of Health K, Be sc Kristal Beharry Assistant General Counsel DOH Prosecution Services Unit FILED 4052 Bald Cypress Way, Bin C-65 OE UY CO enRLTH “Tallahassee, Florida 32399-3265 CLERK Angel Sanders Florida Bar # 0078070 _ DATE MAR 08 2013 , Telephone: (850) 245-4640 Facsimile: (850) 245-4683 /KB Pcp: 03/0¢]13 PCP Members: weieer and Meshad Department of Health v. Wayne Thomas White, R:Ph. 4 Case Number 2009-21862 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 ts 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. Department of Heaith v. Wayne Thomas White, R.Ph, 5 Case Number 2009-21862

Docket for Case No: 14-002740PL