U U STATE OF FLORIDA BF how EO P) DEPARTMENT OF HEALTH ~ DEPARTMENT OF HEALTH, BIVIS) oor ADMINISTRA ye HEARINGS |” Petitioner, vs. CASE NO.: 98-01297 THE APOTHECARY OF GULFPORT, OO - 03 3 Respondent. : / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Pharmacy against THE APOTHECARY OF GULFPORT, 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 pharmacy in the state of Florida, having been issued license number PH 0001331. 4. Respondent’s last known address is 5802 28 Avenue South, Gulfport, Florida 33703. WU U 5. On or about November 17, 1997, Detective Bernard McKenna of the Pinellas County Sheriff's Office was investigating a tip regarding diversion at the Respondent Pharmacy. 6. On or about November 17,1997, Detective McKenna followed suspect R.T. to Respondent Pharmacy. 7. At around five o’clock p.m., suspect R.T. entered the Respondent Pharmacy and was met by pharmacy technician Earl Erwin. 8. Earl Erwin, the pharmacy technician on duty, was alone as there was no Florida licenses pharmacist on the premises. 9. Shortly after five o’clock p.m., Detective McKenna entered the Respondent Pharmacy. 10. Upon entrance at the Respondent Pharmacy, Detective McKenna observed two (2) pill vials on the counter. 11. When suspect R.T. left the Respondent Pharmacy, the two (2) pill vials were no longer on the counter. 12. Detective McKenna approached Earl Erwin and inquired as to what prescription he had used to generate the labels for R.T. 13. Records revealed that on or about June 20, 1997, R.T. had a prescription for one hundred (100) Carisoprodol. 14. — Shortly thereafter, Detective McKenna recovered the two (2) pill vials from R.T. 15. The two (2) pill vials in question each contained one hundred (100) Carisoprodol 350mg. 16. __R.T. received the two (2) bottles of medication from Earl Erwin for Forty-Seven dollars ($47.00). U U 17. Earl Erwin dispensed medication without having a license to practice pharmacy and without being under the direct and immediate personal supervision of a licensed pharmacist. 18. | Respondent Pharmacy failed to close the prescription department while there was no licensed pharmacist present. COUNTI 19. Petitioner realleges and incorporates by reference the allegations contained in the foregoing paragraphs as if fully stated herein. 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 465.023(1)(c), Florida Statutes, by violating Section 465.015(1)(b), Florida Statutes, which states that it is unlawful for any person not licensed as a pharmacist in this state or not registered as an intern in this state or in which an intern who is acting under the direct and immediate personal supervision of a licensed pharmacist to fill, compound, or dispense any prescription or medicinal drugs. COUNT II 21. Petitioner realleges and incorporates by reference the allegations contained in " paragraphs one (1) through eighteen (18) as if fully 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 465.023(1)(6), Florida Statutes, by violating Rule 64B16-27.410, Florida Administrative Code, which states that pharmacy technicians may assist a Florida licensed pharmacist in performing professional services within a community pharmacy or institutional pharmacy. It further states that a pharmacy technician can engage in certain functions only pursuant to the direction of a licensed pharmacist. COUNT Ii “ 23. Petitioner realleges and incorporates by reference the allegations contained in the foregoing paragraphs as if fully stated herein. 24. Based on the foregoing, Respondent's license to practice as a pharmacist in the State of Florida is subject to discipline pursuant to Section 465.023(1)(c), Florida Statutes, by violating Rule 64B16-28.109(2)(3)(4), Florida Administrative Code, which state that at all times when the prescription department is closed, because of the absence of a Florida registered pharmacist or for any other reason, it shall be separated from the remainder of the establishment by partition, which shall be securely locked, or other means of enclosure, thereby preventing access to the prescription department by persons not licensed in Florida to practice the profession of 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 a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. SIGNED ni Veay of () ch bic , 1998. Douglas M. Cook FILED DEPARTMENT OF HEALTH : Be Rancu M Suurkoweki DEPUTY CLERK . ne Nancy M. Snurkowski N ef Attorney CLERK hilt, } Wefouoh On Behalf of the Agency for paTe__1/-1 2-48 Health Care Administration WY COUNSEL FOR AGENCY: Cylarolyn Taylor 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. 98-01297

Docket for Case No: 00-000321