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DEPARTMENT OF HEALTH, BOARD OF PHARMACY vs STITCH ENTERPRISES, D/B/A SKYCREST PHARMACY, 00-000220 (2000)

Court: Division of Administrative Hearings, Florida Number: 00-000220 Visitors: 29
Petitioner: DEPARTMENT OF HEALTH, BOARD OF PHARMACY
Respondent: STITCH ENTERPRISES, D/B/A SKYCREST PHARMACY
Judges: FRED L. BUCKINE
Agency: Department of Health
Locations: Clearwater, Florida
Filed: Jan. 12, 2000
Status: Closed
Recommended Order on Tuesday, January 9, 2001.

Latest Update: Jul. 06, 2004
Summary: Whether Respondent, Albert F. Williams, licensed pharmacist and sole owner of Stich Enterprises, d/b/a Skycrest Pharmacy, a licensed community pharmacy, violated Section 499.005(1), and 465.018, Florida Statutes, when (a) he allowed previously dispensed and returned prescription medication returned to the active shelf, none of which were in a sealed unit dose delivery system; (b) prescriptions which had been dispensed were not dated by the prescribing physician, and (c) C-II medication had been
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| -49-01 Final Order No. DOH-01- 1088. OF MOA FILED DATE - <7 /or STATE OF FLORIDA Department of Health BOARD OF PHARMACY \ . , py Ux ke 2. bens Deputy Agency Clerk DEPARTMENT OF HEALTH, BOARD OF PHARMACY Petitioner, DOAH CASE NO.: 00-0220 vs. DOH CASE NO.: 98-10645 STICH ENTERPRISES, d/b/a SKYCREST PHARMACY = Division of Administrative Hearings FILED = Date Respondent. wy wis AX DEPARTMENT OF HEALTH, BOARD OF PHARMACY, Petitioner, vs. DOAH CASE NO.:00-0315 DOH CASE NO.: 98-10401 ALBERT WILLIAMS, R.PH., oe F L i U 0» Respondent. FINAL ORDER THIS MATTER came before the Board of Pharmacy (hereinafter referred to as the “Board”) pursuant to Section 120.57(1)(b)(9), Florida Statutes, on June 12, 2001, in Tampa, Florida, for consideration of the Recommended Order (a copy of which is attached hereto and incorporated herein by reference) entered by the Honorable Fred L. Buckine, Administrative Law Judge. The Petitioner was represented by Lawrence F. Kranert, Jr., Senior Attorney, Agency for Health Care Administration. Upon consideration of the Administrative Law Judge’s Recommended Order, the arguments of the parties and after a review of the complete record in this matter, the Board rules as follows: FINDINGS OF FACT 4. The Administrative Law Judge’s Findings of Fact are hereby approved and adopted in toto. 2. There is competent, substantial evidence to support the Findings of Fact. CONCLUSIONS OF LAW 4. The Board has jurisdiction of this matter pursuant to the provisions of Section 120.57(1), and Chapter 465, Florida Statutes. 2. The Administrative Law Judge’s Conclusions of Law are hereby approved and adopted in toto, with the exception of the second sentence of paragraph 36. The Board takes Judicial Notice of the published opinion in Rose v. State, 507 So.2d 630 (Fla. 5" DCA 1987), and specifically finds that the language quoted in said second sentence as being purportedly contained in said decision is not. 3. The disposition of this cause recommended by the Administrative Law Judge is hereby approved and adopted in toto. 4. There is competent, substantial evidence to support the Board’s findings and conclusions. THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED: That the Administrative Complaint against Respondent, Albert F. Williams, is DISMISSED. Respondent Albert F. Williams shall forthwith surrender pharmacy license 0012143 issued to Respondent Stich Enterprises, Inc., as stipulated by the parties. Pursuant to Section 120.59, Florida Statutes, the Parties are hereby notified that they may appeal this Final Order by filing one copy of a Notice of Appeal with the Clerk of the Department of Health and by filing the filing fee and one copy of the Notice of Appeal with the District Court of Appeal within thirty (30) days of the effective date of this Order. This Order shall become effective upon filing with the clerk of the Department of Health. . — DONE AND ORDERED this ZaiAday of une , 2001 by the Florida Board of Pharmacy. JOHNAAYLOR, RJPh., EXECUTIVE DIRECTO CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been provided by United States Mail to Albert Williams, R.Ph., 2545 N.E. Coachman Road.’ ional Clearwater, Florida 38766: to B. Edwin Johnson, Esq., 1433 S. Ft. Harrison Avenue, Suite C, Clearwater, Florida 33756; to the Honorable Fred L. Buckine, Administrative Law Judge, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060; and by hand delivery/interoffice mail to Department of Health and its counsel, Lawrence F. Kranert, Jr., Senior Attorney, Agency for Health Care Administration, this day of , 2001. AMENDED CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing Order has been provided by certified mail to Albert Williams, R.Ph., 2545 N.E. Coachman Rd., #157, Clearwater FL 33765, Stich Enterprises, 1740 Drew St., ClearwaterFL 33755-6216, B. Edwin Johnson, Esq., 1433 S. Ft. Harrison Ave., Ste. C, Clearwater FL 33756, Fred L. Buckine, ALJ, DOAH, 1230 Apalachee Pkwy., Tallahassee FL 32399-3060, and interoffice delivery to Lawrence F. Kranert, Jr., AHCA at or before 5:00 p.m., this day of , 2001.

Docket for Case No: 00-000220
Issue Date Proceedings
Jul. 06, 2004 Final Order filed.
Aug. 17, 2001 Affidavit as to Reasonable and Necessary Attorneys Fees (DOAH Case No. 01-3274F established) filed.
Jan. 25, 2001 Motion for Extension of Time to File Exceptions to the Proposed Recommended Order (filed by Petitioner via facsimile).
Jan. 09, 2001 Recommended Order cover letter identifying hearing record referred to the Agency sent out.
Jan. 09, 2001 Recommended Order issued (hearing held November 17, 2000) CASE CLOSED.
Dec. 19, 2000 (Amended) Certificate of Service (for Respondent`s Proposed Final Order, filed via facsimile).
Dec. 18, 2000 Proposed Final Order (filed by B. Johnson via facsimile).
Dec. 01, 2000 Transcript (Volume 1 and 2) filed.
Nov. 17, 2000 CASE STATUS: Hearing Held; see case file for applicable time frames.
Nov. 15, 2000 Joint Stipulation to Commence Trial on November 17, 2000 Instead of November 16, 2000 with 2 signatures (filed via facsimile).
Nov. 15, 2000 Joint Stipulation to Commence on November 17, 2000 Instead of November 16, 2000 with 1 signature (filed via facsimile).
Nov. 13, 2000 Petitioner`s Trial Catalog and Pre-Hearing Stipulation (filed via facsimile).
Nov. 06, 2000 Pre-Hearing Stipulation filed by Respondent.
Oct. 30, 2000 Notice of Propounding Interrogatories filed by Respondent.
Oct. 27, 2000 Motion to Commence Final Hearing on November 17, 2000 Instead of November 16, 2000 (filed by Respondent via facsimile).
Aug. 23, 2000 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for November 16 and 17, 2000; 9:00 a.m.; Clearwater, FL).
Aug. 21, 2000 Petitioner`s First Request for Admissions filed.
Aug. 21, 2000 Response to Request for Admissions filed.
Aug. 21, 2000 Petitioner`s First Request for Admissions filed.
Aug. 11, 2000 Motion to Strike the Petitioner`s Motion to Compel and Petitioner`s Motion to Tax Attorney`s Fees filed.
Aug. 11, 2000 Letter to Judge Johnston from B. Johnston (re: Order dated march 22, 2000) filed.
Aug. 07, 2000 Motion to Strike the Petitioner`s Motion to Compel and Petitioner`s Motion to Tax Attorney`s Fees (filed via facsimile).
Aug. 03, 2000 Order Compelling Discovery issued. (petitioner`s motion to tax attorney`s fees is denied)
Jul. 20, 2000 Motion to Compel, Motion to Tax Attorney`s Fees. (filed via facsimile)
Jul. 17, 2000 (Respondent) Response to Request for Admissions filed.
Jul. 12, 2000 Notice of Hearing sent out. (hearing set for October 19, 2000; 9:00 a.m.; St. Petersburg, FL)
Jul. 12, 2000 Order of Pre-hearing Instructions sent out.
Jul. 07, 2000 Letter to Judge L. Kranert from B. Johnson In re: confer in writing filed.
Jun. 29, 2000 Notice of Case Status; Motion to Consolidate for Trial Purposes (filed by Petitioner via facsimile)
Jun. 28, 2000 Notice of Propounding Interrogatories filed.
Jun. 28, 2000 Petitioner`s First Interrogatories to Respondent filed.
Jun. 28, 2000 Petitioner`s First Request for Admissions filed.
Mar. 24, 2000 Order Consolidating Cases sent out. (Consolidated cases are: 00-000220, 00-000315)
Mar. 22, 2000 Order Granting Continuance and Placing Case in Abeyance sent out. (Parties to advise status by June 22, 2000.)
Mar. 21, 2000 (Petitioner) Motion to Abate (filed via facsimile).
Mar. 16, 2000 Letter to Judge Johnston from B. Edwin Johnson (re: proposed motion to abate) (filed via facsimile).
Mar. 10, 2000 (B. Johnson) Motion for Consolidate Case No: 00-0315 With Case No: 00-220 (Cases requested to be consolidated: 00-315, 00-220) filed.
Feb. 24, 2000 Respondent`s Response to Initial Order by Respondent w/cover letter filed.
Feb. 16, 2000 Notice of Hearing sent out. (hearing set for May 9, 2000; 9:30 a.m.; St. Petersburg, FL)
Feb. 16, 2000 Order of Pre-hearing Instructions sent out.
Feb. 04, 2000 (Petitioner) Response to Initial Order filed.
Jan. 18, 2000 Initial Order issued.
Jan. 12, 2000 Administrative Complaint filed.
Jan. 12, 2000 Election of Rights filed.
Jan. 12, 2000 Agency Referral letter filed.

Orders for Case No: 00-000220
Issue Date Document Summary
Jun. 20, 2001 Agency Final Order
Jan. 09, 2001 Recommended Order Board charged pharmacist with returned prescription medication to active shelf; medication not dated by doctor and proper forms not completed. Petitioner failed to carry burden by clear and convincing standard. Petition dismissed; license surrendered.
Source:  Florida - Division of Administrative Hearings

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