U | VU STATE OF FLORIDA PE rp. DEPARTMENT OF HEALTH 00 om O JAN 20 Hig: 16 DEPARTMENT OF HEALTH, ovis Petitioner, : HEA RAL VE vs. CASENO.: 97-10299 CARY M. BROWN, 00-0319 Respondent. : / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Pharmacy against CARY M. BROWN, 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)(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 pharmacist in the state of Florida, having been issued license number RS 0002688. 4. Respondent’s last known address is 4729 Wind Flower Circle, Tampa, Florida 33624-1176. Ned! YU anh re ” Pe 5. Atall times material hereto, Respondent was employed by Eckerd Phggpary. ; PM po. 6. On or about February 9, 1997, P.S. presented to Eckerd’s Pharme Baie refill for Ovral 28. He ie IVE 7, Respondent dispensed Nordette 28 to P.S. instead of the prescribed Ovral 28. 8. Based on the foregoing, Respondent's license to practice as a pharmacist in the State of Florida is subject to discipline pursuant to Section 465.016(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. 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 thi biay of ¢ Ockt by , 1998. Douglas M. Cook Director FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK bh, Wobruszh Chief Attorney DATE, -\3- On Behalf of the Agency for u Health Care Administration 16 wy) ] COUNSEL FOR AGENCY: a Carolyn Taylor ‘df Senior Attorney Florida Bar Number 0127884 Agency for Health Care Administration 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. 97-10299

Docket for Case No: 00-000313