U? US bho DEPARTMENT OF HEALTH 20 W's, DEPARTMENT OF HEALTH, Petitioner, ; vs. : ; CASENO:: 97-21985 JAMES PHILLIP BROWN, O60 - O37 Respondent / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files - this Administrative Complaint before the Board ‘of Pharmacy against JAMES PHILLIP 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, _Anvestigative, 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 PS 0016726. 4, Respondent’s last known address is 1342 Marlee Road, Jacksonville, Florida: 32259. 5. At all times material hereto, Respondent was employed as the pharmacy department manager at Pearl Street Pharmacy, Inc. located at 312 West 8 Street, Jacksonville, Florida. 6. On or about December 11, 1997, a routine inspection was conducted at the . aforementioned establishment. 7. The December 11, 1997 inspection revealed that Respondent failed to ensure that pharmacy technicians were properly identified. ca 8. The December 11, 1997 inspection revealed that Respondent failed to properly | complete Drug Enforcement Agency 222 order forms. 9. The December 11, 1997 inspection revealed that Respondent failed to maintain a certified daily printout or signature log of all controlled substances received. COUNT I 10. Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through nine (9) as if full stated herein. 11. 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)(e), Florida Statutes, by violating , ection 465.018, Florida Statutes, in violation of Section 465.016(1)(0), Florida Statutes, in violation of Rule 64B16-27.410, Florida Administrative Code, by failing to identify pharmacy technicians by endorsing their wearing a type of identification badge that is clearly visible which specifically identifies the employee by name and by status as a “pharmacy technician.” COUNT ce 12. Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through nine () as if full stated herein. ) 13. Based on the foregoing, Respondent's license to practice as a pharmacy in the State of Florida is subject to discipline pursuant to Section 465.016(1)(e), Florida Statutes, by: violating Section 465.018, Florida Statutes, in violation of Section 893.07(2), Florida Statutes, by failing to properly maintain the records of controlled substances received. COUNT III 14, Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through nine (9) as if full stated herein. 15. Based on the foregoing, Respondent's license to practice as a pharmacy in the State of Florida is subject to discipline pursuant to Section 465.016(1)(e), Florida Statutes, by violating Section 465.018, Florida Statutes, in violation of Rule 64B16-28.140(3)(c)(d)(e), Florida Administrative Code, by failing to maintain a daily hardcopy printout a log book of prescription orders. : WHEREFORE, Petitioner respectfully requests the Board of Pharmacy enter an Order imposing ne 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/ Yt -day of _\Yeunhoe 1998. COUNSEL FOR AGENCY: Carolyn Taylor of 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/amg 10/29/98 PCP: Marina Garcia Woods Juan Mora, R.Ph. DOM: July 28, 1998 Case No. 97-21985 . Director Ww] Douglas M. Cook By? Nancy M. Snurkowski Chief Attorney On Behalf of the Agenc¥ for Health Care Administration . FILED DEPARTMENT OF HEALTH EPUTY we, Our CLERK pate “/- 23 - 7S 9 iow

Docket for Case No: 00-000314