VW WU STATE OF FLORIDA ED. ; DEPARTMENT OF HEALTH 00 JAN 29 PM 12: 00 DEPARTMENT OF HEALTH, UIVISios oy ADMINIS TRATIVE Petitioner, EARIN GS vs. CASE NO.: 98-01545 ECKERD DRUGS #2691, 00-0304 Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Pharmacy against ECKERD DRUGS #2691, hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 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)(£), 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 in the state of Florida, having been issued license number PH 0014982. 4. Respondent’s last known address is 5710 Flamingo Road, Cooper City, Florida 33330. 7] UY 5. On or about July 21, 1997, Robert M. Schultz, M.D., issued a prescription for Ceftin Suspension for Patient S.S. 6. On or about July 21, 1997, the prescription for Ceftin was filled at the Respondent Pharmacy. 7. On or about July 21, 1997, Patient S.S. picked up the aforementioned prescription. 8. Respondent Pharmacy dispensed 100ml of Cefzil, 125mg/5ml to Patient S.S. rather than the prescribed Ceftin Suspension. COUNT I 9. Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through eight (8) as if fully stated herein. 10. Based on the foregoing, Respondent's license to practice as a pharmacist in the State of Florida is subject to discipline pursuant to Section 465.023(1)(c), Florida Statutes, by violating Section 465.016(1)(g), Florida Statutes, by using in the compounding of a prescription, or furnishing upon prescription, an ingredient or article different in any manner from the ingredient or article prescribed. : COUNT II 11. Petitioner realleges and incorporates by reference the allegations contained in paragraphs one () through eight (8) as if fully stated herein. 12. Based on the foregoing, Respondent's license to practice as a pharmacist in the State of Florida is subject to discipline pursuant to Section 465.023(1)(c), Florida Statutes, by violating Rule 64B16-28.140(3)(b), Florida Administrative Code, which states that the data processing system shall have the capacity to produce a daily hard-copy printout of all original prescriptions dispensed and refilled. Cif UW Nw] WHEREFORE, Petitioner respectfully requests the Board of Pharmacy enter an Order imposing one or more of the following penalties: revocation or suspension of the Respondent's license, restriction of the Respondent's practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. SIGNED this 0tlfraay oh aa , 1998. Douglas M. Cook Direc y: Nancy M. Snurkows! Chief Attorney On Behalf of the Agency for Health Care Administration COUNSEL FOR AGENCY: FE \ Carolyn Taylor DEPARTMENT OF HEALTH Senior Attorney DEPUTY CLERK Florida Bar Number 0127884 CLERK }), \ 3 Agency for Health Care Administration DATE oer General Counsel’s Office - MQA - Allied Health P.O. Box 14229 Tallahassee, FL 32317 - 4229 (850) 487-9644 CT/kmg PCP: Marina Garcia Woods : Juan Mora, R.PH. DOM: July 28, 1998 Case No. 98-01545

Docket for Case No: 00-000304