STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, ~ v. , CASE NO. 2013-16789 JULIO ALBERTO RODRIGUEZ, R.P.T., 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, Julio Alberto Rodriguez, R.P.T., and In support thereof alleges: 1. | Petitioner is the state agency 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 Registered Pharmacy Technician within the state of Florida, having been issued license number RPT 3598. 3 Respondent's address of record Is 13791.SW 22 St., Miami, FL 33175. 4, On or about March 21, 2014, in case number 1:13-20779-CR- UNGARO, In the United States District Court, Southern District of Florida, Respondent pleaded guilty to one count of Conspiracy to Commit Health - Care Fraud in violation of 18 U.S.C. § 1349. 5. Conspiracy to Commit Health Care Fraud is a crime which relates to the practice of, or the abllity to practice Respondent's profession. — 6. Respondent failed to report to the Board of Pharmacy In writing within 30 days of having entered a plea of guilty to one count of — Conspiracy to Commit Health Care Fraud in violation of 18 U.S.C. -§ 1349 on or about March 21, 2014. | COUNT f 7. Petitioner realleges and incorporates paragraphs one {1) through five (©), as if fully set forth heretn. | 8. Section 456. 072(1)(c), Florida Statutes (2013), provides. that having been convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction Department of Health v, Julio Alberto Rodriguez, RPT , 2 DOH Case No. 2013-16789 . . _which relates to the practice of, or the ability to practice, a licensee's profession, constitutes grounds for disciplinary action. 9. Onor about March 21, 2014, in case number 1:13-20779-CR- UNGARO, in the United States District Court, Southern District of Florida, Respondent pleaded guilty to one count of Conspiracy to Commit Health Care Fraud in violation of 18 U.S.C. § 1349. , a crime which relates to the practice of, or the ability to practice Respondent's profession. 10. Based on the ‘foregoing, Respondent has violated. Section 456.072(1)(c), Florida Statutes (2013), having been 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, a licensee’s profession. COUNT II 11. Petitioner reallegés and incorporates paragraphs one (1) . through five (6), as if fully set forth herein. . | 12. Section 456. 072(1)(x), Florida Statutes (2013), provides that failing to report to the board, or the department if there is no board, in writing within 30 days after the licensee has been convicted or found guilty Department of Health v. Jullo Alberto Rodriguez, RPT 3 DOH Case Na, 2013-16789 of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction constitutes grounds. for disciplinary action. 13. Respondent failed to report to the Board of Pharmacy in writing within 30 days of having entered a plea of guilty to one count of ~ Conspiracy to Commit Health Care Fraud in violation of 18 U.S.C. § 1349 onor about March 21, 2014. 14. Based on the foregoing, Respondent. violated Section . 456.072(1)(x), Florida Statutes (2013), by failing to report to the board, or the department: if there is no board, in writing within 30 days after the licensee has been convicted or found - guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction. 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. [Signature Page to Follow] Department of Health v, Jutlo Alberto Rodriguez, RPT _ 4 DOH Case No. 2013-16789 : SIGNED this A{** day of Pati: , 2014. John H. Armstrong, MD, FACS State Surgeon General and Secretary of Health * Jamie E. Royal Assistant General Counsel Fla. Bar No. 95724 . 7 Florida Department of Health Office of the General Counsel — 4052 Bald Cypress Way, Bin C-65 ' Tallahassee, FL 32399-3265 a Telephone: (850) 245-4444 Pe Facsimile: (850) 245-4683 ae Email: Jamie. Royal @flhealth. gov ~ 7 - ever FILED DEPARTM ENT OF HEALTH DEPUTY CLERK CLERK fegel Sanders DATE JUL 24204 /JER PCP Meeting: July 24, 2014 PCP Members: Glass and Fallon Department of Health v. Julio Alberto Rodriguez, RPT : 5 DOH Case No. 2013-16789 NOTICE OF RIGHTS Resporident 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. Department of Health v, Jullo Alberto Rodriguez, RPT 7 6 DOH Case No, 2013-16789 - :

Docket for Case No: 15-003407PL