STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL )

REGULATION, Board of Pharmacy, )

)

Petitioner, )

)

vs. ) CASE NO. 82-1669

)

PALMA PHARMACY & DISCOUNT, )

INC. d/b/a FARMACIA PALMA ) DISCOUNT, INC.; and REINALDO ) PINO and DANIEL HOLLINGSWORTH, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, Sharyn L. Smith, held the final hearing in this case on October 14, 1983, in Miami, Florida. The following appearances were entered:

APPEARANCES

For Petitioner: Bruce D. Lamb, Esquire

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

For Respondent: No appearance was entered.

The issue for determination at the final hearing was whether the pharmacy permit of the Respondents should be suspended, revoked or otherwise disciplined for allegedly dispensing controlled substances without first being furnished with valid prescriptions for such substances.

At the final hearing, Georgina George, an investigator for the Department, Miguel Palmer, an employee of the Metro-Dade Police Department, and Constantine Lopalado, a registered pharmacist, testified for the Petitioner Department.

Petitioner's Exhibits 1-5 were offered and admitted into evidence.

FINDINGS OF FACT

1. The Respondent Palma Pharmacy and Discount, Inc. holds pharmacy permit number 7654. The Respondent Pharmacy is a corporation owned by Reinaldo Pino, corporate president and Daniel Hollingsworth, corporate vice-president.

   
   

2. On or about January 11, 1982, Olga Garcia Allemond, the wife of the Respondent Pino, dispensed to Georgina George, an investigator with the Petitioner Department, 13 capsules of Tranxene, 7.5 milligrams, a controlled substance, without first being furnished with a valid prescription for the drug.

3. On or about January 20, 1982, Olga Garcia Allemond, dispensed to Ms. George, 11 capsules of Tranxene, 7.5 milligrams, without first being furnished with a valid prescription for the drug.

   
   

4. On or about February 1, 1982, Olga Garcia Allemond, dispensed to Ms. George 20 capsules of Tranxene, 7.5 milligrams, without first being furnished with a valid prescription for the drug.

   
   

5. On or about February 17, 1982, Olga Garcia Allemond, dispensed to Ms. George 12 capsules of Tranxene, 7.5 milligrams, without first being furnished with a valid prescription for the drug.

   
   

6. All of the prescriptions dispensed by Olga Garcia Allemond, who is neither licensed as a pharmacist nor registered as a pharmacy intern in Florida, were dispensed from the prescription department of the Respondent Pharmacy.

   
   

7. At the final hearing the Petitioner Department took a voluntary dismissal as to Count IV of the Administrative Complaint. Additionally, no evidence was presented concerning Count VI of the Administrative Complaint.

   
   

   CONCLUSIONS OF LAW

   
   

8. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this proceeding. Section 120.57(1), Florida Statutes.

   
   

9. The Respondents are charged with violating Section 465.023(1)(c), Florida Statutes, which empowers the Board of Pharmacy to revoke the pharmacy permit of a permit holder who has violated any of the provisions of Chapter 465 or Chapter 893, Florida Statutes, including allowing a person who is neither licensed as a pharmacist nor registered as a pharmacy intern to dispense prescription drugs, Section 465.015(1)(b), Florida Statutes, and allowing a person to sell or dispense prescription drugs without first being furnished with a prescription for said substances, Section 465.015(2)(c), Florida Statutes.

   
   

10. The Petitioner has demonstrated by clear and convincing evidence that an unlicensed person repeatedly and flagrantly dispensed a controlled substance from the Respondent Pharmacy without first being furnished with valid prescriptions as required by law. Accordingly, the Respondent is in violation of Sections 465.023(1)(c), 465.015(1)(b) and 465.015(2)(c), Florida Statutes. Insufficient evidence was introduced at final hearing to establish violations of Sections 893.04(1) or 893.13(2)(a)(1), Florida Statutes.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED:

That the Board of Pharmacy enter a Final Order revoking the pharmacy permit of the Respondents Palma Pharmacy & Discount, Inc. d/b/a Farmacia Palma Discount, Inc., and Reinaldo Pino and Daniel Hollingsworth.

DONE and ENTERED this 19th day of October, 1983, in Tallahassee, Florida.

SHARYN L. SMITH

Hearing Officer

Division of Administrative Hearings 2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 19 day of October, 1983.

COPIES FURNISHED:

Bruce D. Lamb, Esquire Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Reinaldo Pino and Daniel Hollingsworth

Farmacia Palma Discount, Inc. 4367 Southwest Eighth Street Miami, Florida

Wanda Willis, Executive Director Frederick Roche, Secretary Florida Board of Pharmacy Department of Professional Old Courthouse Square Building Regulation

130 North Monroe Street 130 North Monroe Street Tallahassee, Florida 32301 Tallahassee, Florida 32301

Docket for Case No: 82-001669

Orders for Case No: 82-001669