Y OW 1+! *s,4$TATE OF FLORIDA SLED _, ... DEPARTMENT OF HEALTH a See Sy ; 00 JAN 20 PHJ2: 2] DEPARTMENT OF HEALTH, AGMWiateacve HEARINGS ' o> Petitioner, vs. Case No. 98-11331 PREFERRED PRESCRIPTION PLAN, INC., O O- O35 Xx Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Pharmacy against PREFERRED PREESCRIPTION PLAN, INC., 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)(g), 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. Resjlondent js, and has been at all times material hereto, a licensed pharmacy, having been issued license number PH 0014433. U U 4. Respondent’s last known address is 2201 W. Sample Rd., Building 9, . . Suite 1A, Pompano Beach, Florida 33073. . 5. On or about April 14, 1998, a routine inspection was conducted at the aforementioned establishment. 6. The April 14, 1998 investigation revealed that the Respondent failed to have a licensed pharmacist present when the pharmacy department opened. 7. The April 14, 1998 investigation revealed that Pharmacy Technicians were present in the pharmacy department without supervision. | 8. The April 14, 1998 investigation revealed that the Respondent could not locate the proper Schedule V drug storage for the inspection 9. The April 14, 1998 investigation revealed that the Respondent could not locate the controlled substance records nor the biennial inventory for the inspection. 10. The April 14, 1998 investigation revealed that the Respondent could not locate the positive and negative drug formularies for the inspection. 11. The April 14, 1998 investigation revealed that the Respondent failed to have a current reference manual and pharmacy rules available. 12. The April 14, 1998 investigation revealed that the 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 the foregoing paragraphs as if fully stated herein. 14. Based on the foregoing, the Respondent’s license to operate a pharmacy in the State of Florida is subject to discipline pursuant to Section 465.023(1)(c), Florida 2 - U wy] Statutes, by violating Rule 64B16-28.109(4), Florida 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 of any community pharmacy establishment is closed. COUNT II 15. Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through twelve (12) as if fully stated herein. 16. Based on the foregoing, the Respondent’s license to operate a pharmacy in the State of Florida is subject to discipline pursuant to Section 465.023(1)(c), Florida Statutes, by violating 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 III 17. Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through twelve (12) as if fully stated herein. 18. Based on the foregoing, the Respondent’s license to operate a pharmacy in the State of Florida, is subject to discipline pursuant to Section 465.023(1)(c), Florida Statutes, for violating 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 fully stated herein. U U 20. Based on the foregoing, Respondent’s license to operate a pharmacy in the state of. Florida is subject to discipline pursuant to Section 465.023(1)(c), Florida Statutes, for violating 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 fully stated herein. 22. Based on the foregoing, Respondent’s license to practice pharmacy in the state of Florida is subject to discipline pursuant to Section 465.023(1)(c), Florida Statutes, for violating 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 fully stated herein. 24, Based on the foregoing, Respondent’s license to practice pharmacy in the state of Florida is subject to discipline pursuant to Section 465.023(1)(c), Florida Statutes, for violating Rule 64B16-28.107(1), Florida Administrative Code, by failing to have a current copy of the laws and rules governing the practice of pharmacy in the state of Florida in the prescription department of a pharmacy. 26. Petitioner realleges and incorporates by reference the allegations contained ‘in paragraphs one (1) through twelve (12) as if fully stated herein. WY YY 27. Based on the foregoing, Respondent’s license to operate a pharmacy in the state of Florida is subject to discipline pursuant to Section 465.023(1)(c), Florida Statutes, for violating Section 893.07, 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. 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 this (Yb _day of DP amber _, 1998. Douglas M. Cook Director By: Nancy M. Snurkowski Chief Attorney On Behalf of the Agency for Health Care Administration FILED DEPARTMENT OF HEALTH EPUTY CLERK cuenngptiphansd, Dew ore /A-IS-7 a a ee YU 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 11/04/98 PCP: Marina Garcia Woods Juan Mora, R.PH. DOM: July 28, 1998 Case No. 98-11331

Docket for Case No: 00-000324