VY U CO tem STATE OF FLORIDA MIRED DEPARTMENT OF HEALTH - 00 JAN 20 PMI2: 20° DEPARTMENT OF HEALTH, OIViSive . ADMINISTRAFiVE Petitioner, _ HE ARI Nis S Ve. vs. CASENO.: 98-11361 QO- OF20 SHELDON E. FANT, Respondent. / ‘ ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Pharmacy against SHELDON E. FANT, 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, council, or boards, as appropriate, including the issuance of einergency 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 0004185. . 4. Respondent’s last known address is 18036 Mambo Drive, Boca Raton, Florida 33496. YU 1) 5. At all times material hereto, Respondent was employed as the pharmacy manager at Preferred Prescription Plan, Inc. located at 2201 West Sample Road, Building 9 #1A, Pompano Beach, Florida 33073. 6. On or about April 14, 1998, a routine inspection was conducted at the aforementioned establishment. 7. The April 14, 1998 inspection revealed that Respondent failed to be present when the pharmacy opened. As a result, the pharmacy technicians were not supervised. 8. The April 14, 1998 inspection revealed that Respondent could not locate the proper Schedule V drug storage for the inspection. 9. The April 14, 1998 inspection revealed that Respondent could not locate the controlled substance records nor the biennial inventory for the inspection. 10. The April 14, 1998 inspection revealed that Respondent could not locate the positive and negative drug formularies for the inspection. 11. The April 14, 1998 inspection revealed that Respondent failed to have a current _reference manual and pharmacy rules available. 12. The April 14, 1998 inspection revealed that Respondent failed to have a written Policy and Procedure Manual available for the pharmacy technicians. . COUNT I 13. Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through twelve (12) as if full stated herein. 14: | 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 Section 465.018, Florida Statutes, in violation of Rule 64B16-28.109(4), Florida 2 - YU U Administrative Code, for permitting any person other than a Florida registered pharmacist to enter or remain in the prescription department whenever the prescription department of any community pharmacy or any community pharmacy establishment is closed. | . COUNT I 15. Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through twelve (12) as if full stated herein. 16. 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 Section 465.018, Florida Statutes, in violation of Rule 64B16-27.400, Florida Administrative Code, by allowing someone other than a licensed pharmacist or a duly registered intern in this state to perform functions within the definition of the practice of the profession of pharmacy without direct and immediate personal supervision. COUNT Jil 17. Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through twelve (12) as if full stated herein. 18. 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 Section 465.018, Florida Statutes, in violation of Section 465.025(5), Florida Statutes, by failing to have available the formulary of generic and brand name drug products. COUNT IV 19. Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through twelve (12) as if full stated herein. U on 20. 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 Section 465.018, Florida Statutes, in violation of Section 893.07(1)(b), Florida Statutes, by failing to maintain on a current basis a complete and accurate record of each substance manufactured, received, sold, delivered, or otherwise disposed of by the pharmacist. COUNT V 21. Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through twelve (12) as if full stated herein. . 22. 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 Section 465.018, Florida Statutes, in violation of Section 893.07, Florida Statutes, by failing to properly maintain records of controlled substances. COUNT VI 23. Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through twelve (12) as if full stated herein. 24. Based on the foregoing, Respondent's license to practice as a pharmacist in the State of J Florida i is subject to discipline pursuant to Section 465 .016(1}(e), Florida Stat ites, by violating Section 465 (018, Florida Statutes, in violation of Rule 64B16-28. 1071), Florida Administrative Code, by failing to have a current copy of the laws and rules governing the “practice of pharmacy i in the state of Florida in the prescription department of a pharmacy. 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 4 ae U we) a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. ' SIGNED thid We day of N¢ yrnloe , 1998. Douglas M. Cook irector By: Nancy M. Snurkowski Chief Attorney _ On Behalf of the Agency for Health Care Administration COUNSEL FOR AGENCY: OTs Carolyn Taylor Fl LE D Senior Attorney DEPARTMENT OF HEALTH Florida Bar Number 0127884 EPUTY CLERK Agency for Health Care Administration CLERK v0, Dew General Counsel’s Office - MQA Y.23 9. Allied Health pate__(L 23 ~ 5G P.O. Box 14229 Tallahassee, FL 32317 - 4229 (850) 487-9644 CT/kmg ; 11/02/98 . v. PCP: Marina Garcia Woods Juan Mora, R.Ph. DOM: September 15, 1998 ~ Case No. 98-11361

Docket for Case No: 00-000320