U UW ‘my STATEOF FLORIDA. 0 y ig DEPARTMENTOF HEALTH > “20 py p Oyj... *O1 DEPARTMENT OF HEALTH, ADMIN; eit o> BOARD OF PHARMACY, HE api Hts live PETITIONER, OOo - JOS vs. CASENUMBER: 98-21133 ECKERD CORPORATION, d/b/a ECKERD STORE #2236, RESPONDENT. / ADMINISTRATIVECOMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as "Petitioner", and files this Administrative Complaint before the Board of Pharmacy-against ECKERD CORPORATION, d/b/a ECKERD STORE #2236, 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; Chapter 455, Florida Statutes; and Chapter/465, Florida Statutes. Pursuant to the authority of Section 20.43 (3) (g), Florida Statutes, 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. 2. Respondent is, and has been at all times material hereto, a licensed pharmacy in the State of Florida, having been issued license number PH 0014855. Respondent's last known address is 5361 Fruitville Road, Sarasota, Florida 34232. zx VU YW 3. On or about August 28, 1998, an investigator.for the Agency for Health ‘Care Administration, hereinafter the Agency, conducted an inspection of the pharmacy at Eckerd drug store number 2236, 5361 Fruitville Road, Sarasota, Florida 34232. . 4. During the above noted inspection, the Agency investigator observed an intern performing pharmacist duties. 5. The intern was not registered as an intern with the Board of Pharmacy. COUNT . 6. Petitioner realleges and incorporated by reference the allegations contained in paragraphs one 1 through 5. 7. 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, for violating Section 465.016 (1)(c), Florida Statutes, for permitting any person not licensed as a pharmacist in this state or not registered as an intern in this state, or permitting a registered intern who is not acting under the direct and immediate supervision personal supervision of a licensed pharmacist, to fill, compound, or dispense any prescriptions in a pharmacy owned and operated by: such pharmacist or in a pharmacy where such pharmacist is employed or on duty. VY Y 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)|¢l- tay of COUNSEL FOR PETITIONER: Carolyn Taylor Attorney Agency for Health Care Administration Post Office Box 14229 Tallahassee, Florida 32317-4229 (904) 487-9670 CT/tew PCP: DATE: 1999, Robert G. Brooks, M.D., Secretary, Department of Health BY: Nancy M. Snurkowski Chief Attorney Agency for Health Care Administration FILED DEPARTMENT OF HEALTH EPUTY CLERK CLERK ‘ 0. Dew pate__(9 “4 3- GQ iy

Docket for Case No: 00-000305