UW a, FILED Sboips . DEPARTMENT OF HEALTH 00 JAN 20 PM 12: 22 ve DIVicw gs 85 DEPARTMENT OF HEALTH, ADMINIS] RA VE HEARINGS Petitioner, vs. CASE NO.: 97-17050 FRANKLIN MORSE, OO -O0 325 Respondent. / ADMINISTRATIVE COMPLAINT. Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Pharmacy against FRANKLIN MORSE, 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)(), 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 0018475. 4. Respondent’s last known address is 8220 South West 24 Street, North Lauderdale, Florida 33068. “i STATE OF FLORIDA _ WU wr) 5. On or about September 23, 1997, Respondent was employed as the pharmacy_ department manager of International Pharmacy located at 3879 East Tamiami Trail, Naples, Florida 33962. 6. On or about September 23, 1997, Investigator Frank Paolello conducted a routine inspection of International Pharmacy and discovered the following violations: a) Respondent failed to notify the Board of Pharmacy that he was the pharmacy manager; b) Respondent did not maintain a certified daily log or printout of controlled substances; and, c) A current copy of the laws and rules governing pharmacy was not present. COUNT I 7. Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through six (6) as if full stated herein. 8. 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, which states that the permittee and newly designated prescription department manager shall notify the Department within ten (10) days of any change in the prescription department manager. COUNT II 9. Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through six (6) as if full stated herein. 10. Based’ qn 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 64B16-28.107(1), Florida Administrative Code, which states that the prescription department of a pharmacy shall be i i Wf... YU UW minimally equipped with a current pharmacy reference compendium and a current copy of the laws and rules governing the practice of pharmacy in the state of Florida. COUNT IT 11. Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through six (6) as if full stated herein. 12. 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 64B16-28.140(3)(c), Florida Administrative Code, which states that the daily hard-copy printout shall be produced within 72 _ hours of the date on which the prescription drug orders were dispensed and shall be maintained in a separate file at the pharmacy. WHEREFORE, Petitioner respevtfulty Tequests 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 day of 4 wnloe , 1998. Douglas M. Cook Director 7 pi ose ioe em ae by NangyMt Sueksws P f / ’ Chief Attorney Wied ¢ PEV6_ On Behalf of the Agency for E D Health Care Administration DEPARTMENT OF HEALTH EPUTY CLERK CLERK ; Q O DATE [2-15 -G4F 3 =

Docket for Case No: 00-000325