REEDED TE \ W Ne mati STATE OF FLORIDA rides to SPpay DEPARTMENT OF HEALTH gq fi 907 PH 12. 21. ADMINIS I RAIYE } 21 ye. DEPARTMENT OF HEALTH, HNIS RAL Petitioner, vs. CASENO.: 98-01541 MARC J. GREY, OO-O352R_ | | Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Pharmacy against MARC J. GREY, 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 PS 0013981. U S) 4. Respondent’s last known address is 8709 South West 55 Street, Fort Lauderdale, Florida 33328-4323. - 5. On or about July 21, 1997, Patient S.S.’s parents presented a prescription to Respondent. Said prescription called for 100 ml of Ceftin Suspension, 125, mg/5ml. 6. On or about July 21, 1997, Respondent filled the prescription and dispensed 100 mg of Cefzil 125mg/Sml. 7. On or about January 29, 1998 a routine investigation revealed that respondent failed to produce a hardcopy of the patient’s prescription: COUNT I 8. Petitioner realleges and reincorporates by reference the allegations contained in the foregoing paragraphs as if fully stated herein. 9. Based on the foregoing the 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, for 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. COUNT II 10. _ Petitioner realleges and reincorporates by reference the allegations contained in the foregoing paragraphs as if fully stated herein. 11. Based on the foregoing the Respondent's license to practice as a pharmacist in the State of Florida is subject to discipline pursuant to Section 465.016(1)(n), Florida Statutes, by violating Rule 64B16-28.140(3)(b), Florida Administrative Code by failing to produce a daily hardcopy printout of all original prescriptions filled and dispensed. i YW UW a reprimand, placement of the Respondent on probation, and/or any other relief that the Boara deems appropriate. SIGNED nie of { \ Ve Lf , 1998. Douglas M. Cook Director By: Nancy M. Snurkowski Chief Attorney On Behalf of the Agency for Health Care Administration COUNSEL FOR AGENCY: Carolyn 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 PARTMENY CERK PCP: Marina Garcia Woods DERM QEPUTY re Oe Juan Mora, R.PH. anspor 26 DOM: July 28,1998 ~ DATE

Docket for Case No: 00-000322