WY UY STATEOFFLORIDA . dL. ed | DEPARTMENTOF HEALTH | ; 00 JAN 20 PMI2: 22 DEPARTMENT OF HEALTH, Divs BOARD OF PHARMACY, ADMINISTRA VE HEARINGS 00 32 & vs. CASE NUMBER: 98-20469 PETITIONER, D. DEAN RUDOLPH, RESPONDENT. / ADMINISTRATIVECOMPLAINT COMES Now, the Petitioner, Department of Health, hereinafter referred to as "Petitioner", and files this Administrative Complaint before the Board of Pharmacy against D. DEAN RUDOLPH, hereinafter referred to as "Respondent", and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of pharmacy pursuantto Section 20.43, Florida Statutes; Chapter 455, Florida Statutes, and Chapter 465, Florida Statutes. Pursuant to the authority of Section 20.43 (3) (g), Florida Statutes, the Pétitioner 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. 2. Respondent is, and has been at all times material hereto, a licensed pharmacistin the State| of Florida, having been issued license number PS 0020715. Respondent's last known address is Eckerd’s #2236, 5361 Fruitville Road, Sarasota, Florida 34232. VY U (3. On or about August 28, 1998, an investigator.for the Agency for Health Care Administration, hereinafter the Agency, conducted an inspection of the pharmacy at Eckerd drug store nhmber 2236, 5361 Fruitville Road, Sarasota, Florida 34232. | 4. During the above noted inspection, the Agency investigator observed an intern performing pharmacist duties. |5. The intern was not registered as an intern with the Board of Pharmacy. | 6. At all times material hereto, Respondent was the Prescription Department Manager at Eckerd store number 2236. COUNTI | 7. Petitioner realleges and incorporated by reference the allegations contained in paragraphs one | through 6. 8. Based on the foregoing, the Respondent’s license to practice pharmacy in the State of Florida is subject to discipline pursuant to Section 465.016 (1)(c), Florida Statutes, for permitting i any person not licensed as a pharmacist in this state or not registered as an intern in this state, or permitting a registered intern who is not acting under the direct and immediate supervision personal supervision of a licensed pharmacist, to fill, compound, or dispense any prescriptionsin a pharmacy owned and operated by such pharmacist or in a pharmacy where such pharmacist is employed or on duty. | Ena ww) ae, 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 thig AG day of Nae ,1999. Robert G. Brooks, M.D., Secretary, Department of Health BY: Nancy M. Snurkowski Chief Attorney Agency for Health Care Administration COUNSEL FOR PETITIONER: : Carolyn Taylor Attorney Agency for HealthCare - F | LE D Administration DEPARTMENT OF HEALTH EPUTY CLERK Post Office Box 14229 : Tallahassee, Florida 32317-4229 CLERK Q. idan (904)|487-9670 pate__U- 23-5 CT/tew PCP: DATE: oben a : oy : os uetet oe

Docket for Case No: 00-000326