Judges: STEPHEN F. DEAN
Agency: Department of Health
Latest Update: Feb. 25, 1977
Summary: Pharmacist, whose records revealed 300,000 doses of controlled substance unaccounted for, was guilty of multiple violations.
76-1700.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
STATE BOARD OF PHARMACY, )
)
Petitioner, )
)
vs. ) CASE NO. 76-1700
) MONROE PHARMACY, INC. d/b/a ) MORRIS DRUGS AND MONROE SCHIFFMAN ) and SHARON SCHIFFMAN, )
)
Respondent. )
)
RECOMMENDED ORDER
A hearing was held in Room 1121, Alfred I. duPont Building, 169 East Flagler Street, Miami, Florida, at 10:00 a.m. on December 21, 1976, before Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This matter came on to be heard upon an Administrative Complaint filed against the Respondent, Monroe Pharmacy, Inc. d/b/a Morris Drugs and Monroe Schiffman and Sharon Schiffman, alleging that it had permitted the improper keeping of records by failing to maintain on a current basis complete and accurate records of each controlled substance controlled by Chapter 893, Florida Statutes, at Morris Drugs, 8346 N.E. Second Avenue, Miami, Florida, in violation of Section 893.07 and Section 465.101(1)(e), Florida Statutes.
This cause was consolidated for hearing pursuant to a stipulation of the parties with the case of Board of Pharmacy v. Sharon Drugs, Inc. d/b/a Mercy Professional Building Pharmacy and M.C. Schiffman, and Board of Pharmacy v.
Monroe C. Schiffman.
APPEARANCES
For Petitioner: Michael Schwartz, Esquire For Respondent: Gerald Kogan, Esquire
FINDINGS OF FACT
The parties stipulated that Monroe C. Schiffman is a pharmacist licensed by the Florida Board of Pharmacy. They further stipulated that Sharon Drugs, Inc. d/b/a Mercy Professional Building Pharmacy is located at 3661 South Miami Avenue, Miami, Florida and that Sharon Drugs, Inc. owns and operates Mercy Professional Building Pharmacy. The parties also stipulated that Monroe C. Schiffman was a corporate officer and share holder in Sharon Drugs, Inc., a Florida corporation, from March, 1974 until the audits in question.
An inspection and audit of Monroe Drugs, Inc. d/b/a Morris Drugs and Monroe Schiffman and Sharon Schiffman, was begun on May 5, 1976 and lasted several days. The audited period was from July 1, 1974 until May 5, 1976 during
which dates Monroe C. Schiffman was a corporate officer and stockholder in Morris Drugs, Inc.
The procedures for the audits were to assume a zero stockage as of July 1, 1974 and to account for the drugs received after that date. The drugs audited were controlled drugs as defined by Chapter 893, Florida Statutes. These drugs were chosen for audit because complete records of their order, receipt and dispensing must be kept pursuant to Chapter 893, Florida Statutes. Exhibit 2, a summary of the audit of Morris Drugs, Inc., was identified by the
Board's agent, Vernon K. Bell, as the summary of the discrepancies in controlled drugs revealed by the audit which he conducted.
The audit conducted by Vernon K. Bell revealed a shortage of controlled drugs for which no records had been kept of 157,569 total units or pills. The drugs audited were Desoxyn (methamphetamine hydrochloride), Percodan (Oxycodone hydrochloride), Quaalude (methaqualone), Biphetamine (d- and dl-Amphetamine), Eskatrol Spansule (dextroamphetamine sulfate and prochlorperazine), Tuinal (sodium amobarbital and sodium secobarbital), Seconal (sodium secobarbital), Dexedrine (dextroamphetaimine sulfate), Nembutal (sodium pentobarbital), Dilaudid (hydromorphone), Amytal (amobarbital), and Dexamyl (dextroamphetamine sulfate).
The records required to be kept by law of the dispensing of controlled drugs were not kept by the permittee, Monroe Pharmacy, Inc. d/b/a Morris Drugs and Monroe Schiffman and Sharon Schiffman.
CONCLUSIONS OF LAW
The drugs identified in paragraph 4 above are defined by Chapter 893, Florida Statutes, as Schedule II or Schedule III Controlled Drugs and may only be dispensed upon the written or oral prescription of a practitioner in the manner prescribed in Section 893.04, Florida Statutes. Section 893.07, Florida Statutes, provides that everyone engaging in the dispensing or distribution of control led substances shall have a semi-annual inventory and maintain on a current basis a complete and accurate record of each substance received, delivered or otherwise disposed of.
Further, the number of individual drug units involved, approximately 160,000, indicates a gross violation of the provisions of Chapter 893, Florida Statutes, by the Respondents.
Section 465.22, Florida Statutes, provides that the Board of Pharmacy may revoke or suspend the permit of Monroe Pharmacy, Inc., d/b/a Morris Drugs and Monroe Schiffman and Sharon Schiffman.
RECOMMENDATION
Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the permit of Monroe Pharmacy, Inc. d/b/a Morris Drugs and Monroe Schiffman and Sharon Schiffman be revoked.
DONE and ORDERED this 5th day of January, 1977 in Tallahassee, Florida.
STEPHEN F. DEAN
Hearing Officer
Division of Administrative Hearings Room 530 Carlton Building Tallahassee, Florida 32304
(904) 488-9675
COPIES FURNISHED:
Michael Schwartz, Esquire Suite 201 Ellis Building 1311 Executive Center Drive Tallahassee, Florida 32301
Gerald Kogan, Esquire Suite 500
Security Trust Building 700 Brickell Avenue
Miami, Florida 33131
H. F. Bevis, Executive Secretary State Board of Pharmacy
252 East Sixth Avenue Box 3355
Tallahassee, Florida 32303
Docket for Case No: 76-001700
Orders for Case No: 76-001700
| Issue Date |
Document |
Summary |
|
Feb. 24, 1977 |
Agency Final Order
|
|
|
Jan. 05, 1977 |
Recommended Order
|
Pharmacist, whose records revealed 300,000 doses of controlled substance unaccounted for, was guilty of multiple violations.
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