PH Ep STATE OF FLORIDA -- DEPARTMENT OF HEALTH 00 JAN -5 PM 3:07 Agate a eo MUS TRASH HEARINGS “© DEPARTMENT OF HEALTH, Petitioner, O O- OO a / vs. Case No. 97-09594 BROOK WOOD EXTENDED CARE CENTER, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Pharmacy against BROOK WOOD EXTENDED CARE CENTER, hereinafter referred to as “Respondent,” and alleges: 1. Effective July , 1997, Petitioner is the state agency charged with regulating the practice of pharmacy pursuant to Section 20.43, Florida Statutes (Supp. 1996); Chapter 455, Florida Statutes; and Chapter 465, Florida Statutes. 2. Pursuant to the authority of Section 20.43(3)(f), Florida Statutes (Supp. 1996), the Petitioner has contracted with the Agency for Health Care Administration to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate, including the issuance of emergency orders of suspension or restriction. 3. Respondent is, and has been at all times material hereto, a licensed pharmacy, having been issued permit number PH0009725. U U 4. Respondent’s last known address is 1990 South Canal Drive, Homestead;-Florida 33035-1046. -_ 5. Respondent is a Class I Institutional Pharmacy. 6. On or about June 21, 1996, August 19, 1996, September 19, 1996 and October 28, 1996, Respondent's consultant pharmacist and a Licensed Practical Nurse destroyed controlled substances without the presence of a Registered Nurse, Administrator, or Administrator designee as a witness. , 7. On or about December 30, 1996, an agency investigator reviewed the narcotics records of Respondent pharmacy and found that no Registered Nurse, Administrator, or Administrator designee signed as witness to the destruction. COUNT I 8. Petitioner realleges and incorporates by reference the allegations contained in the foregoing paragraphs as if fully stated herein. 9. Based on the foregoing, the Respondent’s license to practice pharmacy in the State of Florida is subject to discipline pursuant to Section 465.023(1)(c), Florida Statutes, by violating Rule 64B16-28.301, Florida Administrative Code, which states that controlled substances that have been dispensed and not used by the patient shall not be returned to the pharmacy and shal! be securely stored by the nursing home until destroyed. A document must be completed showing the name and quantity of the drug, strength and dosage form, patient’s name, prescription number and name of the nursing home. This documentation, at the time of destruction, shall be witnessed and signed by the consultant pharmacist, director of nursing, and the nursing home administrator or his designee excluding the above. UW UY WHEREFORE, Petitioner respectfully requests the Board of Pharmacy enter an Order imposing one or more of the following penalties: imposition of an administrative fine not to exceed $1 000, issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. SIGNED this" Vay of 19987” Douglas M. Cook Director y: Nancy M. Snufkowski Chief Attorney On Behalf of the Agency for Health Care Administration COUNSEL FOR AGENCY: Susan B. Bodell ff FILED Senior Attorney WEALTH Florida Bar Number 0987859 DEPART NE leRK Agency for Health Care Administration : . General Counsel’s Office - MQA CLERK Q. Allied Health ~~ pate__ off 1 1 8 : P.O. Box 14229 Tallahassee, FL 32317-4229 (850) 487-9637 SBB:cb pcp: AN | OF DOM: |-27-428

Docket for Case No: 00-000021