WY WY mE pom STATE OF FLORIDA TLE 5B DEPARTMENT OF HEALTH MM 20 py . l2 DNV s,5 Pe DEPARTMENT OF HEALTH, ; ADMIN;:: ie by HEARINGS VE Petitioner, Vs. CASE NO. 98-21623 60-0307 RALPH A. SHUTTERLY, R.PH., Respondent. ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, and files this Administrative . Complaint before the Board of Pharmacy against the Respondent, RALPH A. SHUTTERLY R.PH., and in support thereof would state: 1. 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. 2. Pursuant to the authority of Section 20.43 (3)(g), Florida-Statutes, the Petitioner has contracted with the Agency for Health Care Administration, hereinafter referred to as the "Agency," to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils or board, as appropriate, including the issuance of emergency orders of suspension or restriction. 3. Respondent's last known address is Marshall Register #18833-018, SPC Montgomery, Maxwell AFB, Montgomery, Alabama 36612. WW WY 4. The Board of Pharmacy entered an order on August 25, 1998 in Case #98- 14214, suspending the respondent’s license for providing drugs without a prescription. 5. On October 28, 1998 the Respondent was charged with delivering a controlled substance, consisting of thirty (30) Hydrocodone tablets to an individual referred to as D.C. on September 11, 1998, in the Circuit Court of the Twelfth Judicial Circuit of the State of Florida, in and for Sarasota County, Case # 98-13326 F. a. The Respondent was arrested on September 29, 1998 for the delivery of a controlled substance to D.C. b. Asa direct and proximate result, the Respondent’s probation for a ‘ previous federal conviction entered in Case #94-111-CR-T-17E, was revoked, and he is presently serving the remaining eighteen (18) months of his sentence. 6. The conduct of the Respondent as aforesaid is contrary to the provisions contained in Section 465.016(1)(n), Florida Statutes, and Rule 64B16-28.502 by the transfer of a controlled substance to a person other than the patient for whom it was prescribed. WU QW WHEREFORE, Petitioner respectfully requests the Board of Pharmacy to enter an Order imposing one or more of the penalties proscribed by law, together with any other and further relief deemed just under the circumstances. SIGNED ak Hlnay of AWUU loz 1999. Robert G. Brooks, M.D. Secretary, Department of Heal! By: Nancy M. Snurkowski Chief Attorney On Behalf of the Agency for Health Care Administration COUNSEL FOR AGENGY: Lawrence F, Kranert, Jr. Senior Attorney Florida Bar No. 0171063 Agency for Health Care Administration General Counsel's Office - MQA Practitioner Regulation P.O. Box 14229 Tallahassee, Florida 32317-4229 (850) 487-2225 LFKt LOR d-— MNS FILED PCP: G— 10-9 ARTMENT OF HEALTH q ' 9 DEP. rut CLERK

Docket for Case No: 00-000307