STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2018-14715 WCRX PHARMACY CENTRAL INC., D/B/A WCRX PHARMACY CENTRAL, RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health (Department), by and through its undersigned counsel, and files this Administrative Complaint before the Board of Pharmacy against Respondent, WCRx Pharmacy Central Inc., d/b/a WCRx Pharmacy Central, 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 permitted community pharmacy within the state of Florida, having been issued permit number PH30749. 3. Respondent's address of record is 100 Salem Court, Tallahassee, Florida 32301. 4. Respondent’s additional address is 175 Salem Court, Tallahassee, Florida 32301. 5. On or about September 6, 2018, Department inspector(s) presented to Respondent’s address of record to conduct a community pharmacy inspection. 6. |The Department's inspection on or about September 6, 2018, revealed one or more deficiencies, including the following: a. On one or more controlled substance prescriptions, Respondent failed to record the initials of the pharmacist filling the prescription and/or the date filled; b. On one or more occasions, Respondent failed to prepare and/or maintain a controlled substance inventory taken on a biennial basis; and/or c. Respondent failed to keep and maintain and/or provide controlled substance dispensing records to the Department within 48 hours of request from the Department inspector(s). DOH v. WCRx Pharmacy Central Inc., d/b/a WCRx Pharmacy Central 2 DOH Case No. 2018-14715 COUNT ONE 7. Petitioner realleges and incorporates paragraphs one through six as if fully set forth herein. 8. Section 465.023(1)(c), Florida Statutes (2018), provides, in relevant part, that the department or the board may revoke or suspend the permit of any pharmacy permittee, and may fine, place on probation, or otherwise discipline any pharmacy permittee if the permittee, or any affiliated person, partner, officer, director, or agent of the permittee, including a person fingerprinted under Section 465.022(3), Florida Statutes, has violated any of the requirements of Chapter 893. 9. Section 893.04(1)(c)6., Florida Statutes (2018), provides that a pharmacist, in good faith and in the course of professional practice only, may dispense controlled substances upon a written, oral, or electronic prescription of a practitioner, under the following conditions: There shall appear on the face of the prescription or written record thereof for the controlled substance the following information: The initials of the pharmacist filling the prescription and the date filled. DOH v. WCRx Pharmacy Central Inc., d/b/a WCRx Pharmacy Central 3 DOH Case No. 2018-14715 10. On one or more controlled substance prescriptions, Respondent failed to record the initials of the pharmacist filling the prescription and/or the date filled. 11. Based on the foregoing, Respondent violated Section 465.023(1)(c), Florida Statutes (2018), through a violation of Section 893.04(1)(c)6., Florida Statutes (2018). COUNT TWO 12. Petitioner realleges and incorporates paragraphs one through six as if fully set forth herein. 13. Section 465.023(1}(c), Florida Statutes (2018), provides, in relevant part, that the department or the board may revoke or suspend the permit of any pharmacy permittee, and may fine, place on probation, or otherwise discipline any pharmacy permittee if the permittee, or any affiliated person, partner, officer, director, or agent of the permittee, including a person fingerprinted under Section 465.022(3), Florida Statutes, has violated any of the requirements of Chapter 893. 14. Section 893.07(1)(a), Florida Statutes (2018), provides that every person who engages in the manufacture, compounding, mixing, cultivating, growing, or by any other process producing or preparing, or in DOH v. WCRx Pharmacy Central Inc., d/b/a WCRx Pharmacy Central 4 DOH Case No. 2018-14715 the dispensing, importation, or, as a wholesaler, distribution, of controlled substances shall on January 1, 1974, or as soon thereafter as any person first engages in such activity, and every second year thereafter, make a complete and accurate record of all stocks of controlled substances on hand. The inventory may be prepared on the regulator physical inventory date which is nearest to, and does not vary by more than 6 months from, the biennial date that would otherwise apply. 15. On one or more occasions, Respondent failed to prepare and/or maintain a controlled substance inventory taken on a biennial basis. 16. Based on the foregoing, Respondent violated Section 465.023(1)(c), Florida Statutes (2018), through a violation of Section 893.07(1)(a), Florida Statutes (2018). COUNT THREE 17. Petitioner realleges and incorporates paragraphs one through six as if fully set forth herein. 18. Section 465.023(1)(c), Florida Statutes (2018), provides, in relevant part, that the department or the board may revoke or suspend the permit of any pharmacy permittee, and may fine, place on probation, or otherwise discipline any pharmacy permittee if the permittee, or any DOH v. WCRx Pharmacy Central Inc., d/b/a WCRx Pharmacy Central 5 DOH Case No. 2018-14715 affiliated person, partner, officer, director, or agent of the permittee, including a person fingerprinted under Section 465.022(3), Florida Statutes, has violated any of the requirements of this chapter or any of the rules of the Board of Pharmacy. 19. Rule 64B16-28.140(3)(a), Florida Administrative Code, provides that each time a prescription drug order is filled or refilled, a record of such dispensing shall be entered into the data processing system. 20. Rule 64B16-28.140(3)(g), Florida Administrative Code, provides that failure to provide the records set out in this section, either on site or within 48 hours for whatever reason, constitutes failure to keep and maintain records. 21. Respondent failed to keep and maintain and/or provide controlled substance dispensing records to the Department within 48 hours of request from the Department inspector(s). 22. Based on the foregoing, Respondent violated Section 465.023(1)(c), Florida Statutes (2018), through a violation of Rule 64B16- 28.140(3)(a), Florida Administrative Code. [ remainder of page intentionally left blank | DOH v. WCRx Pharmacy Central Inc., d/b/a WCRx Pharmacy Central 6 DOH Case No. 2018-14715 CLERK DATE 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 “]{h _ day of _ November , 2019. FILED DEPARTMENT OF HEALTH DEPUTY CLERK ANGEL SANDERS NOV 0 7 2019 Scott A. Rivkees, M.D. State Surgeon General HANNAH PHILLIPS Assistant General Counsel Fla. Bar No. 1003347 Florida Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin #C-65 Tallahassee, Florida 32399-3265 Telephone: (850) 558-9824 Facsimile: (850) 245-4662 Email: hannah. phillips@flhealth.gov PCP Meeting: November 7, 2019 PCP Members: Gavin Meshad; David Wright DOH v. WCRx Pharmacy Central Inc., d/b/a WCRx Pharmacy Central DOH Case No. 2018-14715 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. A request or petition for an administrative hearing must be in writing and must be received by the Department within 21 days from the day Respondent received the Administrative Complaint, pursuant to Rule 28-106.111(2), Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent waives the right to request a hearing on the facts alleged in this Administrative Complaint pursuant to Rule 28- 106.111(4), Florida Administrative Code. Any request for an administrative proceeding to challenge or contest the material facts or charges contained in the Administrative Complaint must conform to Rule 28-106.2015(5), Florida Administrative Code. Please note that mediation under Section 120.573, Florida Statutes, is not available to resolve this Administrative Complaint. 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. DOH v. WCRx Pharmacy Centra! Inc., d/b/a WCRx Pharmacy Central 8 DOH Case No, 2018-14715

Docket for Case No: 20-004006