WU YW > at ao rabeED STATE OF FLORIDA 00 JAN “= DEPARTMENT OF HEALTH AN 20 PM Io: 24 DIV.) i DEPARTMENT OF HEALTH, ran Gs CO-032 PETITIONER, vs. CASE NUMBER: 98-16884 GERALD W. GETTEL, RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Pharmacy against GERALD W. GETTEL, 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 ; Chapter 455, Florida Statutes; and Chapter 464, Florida Statutes. Pursuant to the authority of Section 20.43 (3)(f), Florida Statutes, the Petitioner has contracted with the Agency of Health Care Administration to provide consumer complaint, investi gative, 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 Pharmacist in the state of Florida, having been issued license numb Respondent’s last known address is 168 Poe Drive, Winter Haven, er PS 0015091. Florida 33884-2363. VY WU . 3. On or about July 8, 1998, a routine inspection revealed|that Respondent, -- pharmacy manager, was in violation for the following reasons: a. failing to properly post hours of pharmacy business at the drive up window; b. failing to require the pharmacy technician to be properly identified; c. failing to post a sign to offer counseling; d. maintaining a medication aisle which was unsafe to pass; e. failing to remove outdated medications from the active medications shelf, . f. and maintaining 7 DEA forms which were left blank for items that had been received. COUNT I 4. Petitioner realleges and incorporates by reference the allegations of fact contained in the foregoing paragraphs as if fully stated herein. 5. Based on the foregoing, Respondent is subject to discipline pursuant to Section 465.016(1)(n), Florida Statutes by violating Rule 64B16-28.105, Florida Administrative Code, for operating a prescription department under unclean, unsanitary, overcrowded, or unhealthful conditions which endanger the safety or health of the public . served by such establishments. p Py yay ud je Hanah te II - 6. Petitioner realleges and incorporates by reference the allegations of fact contained in the foregoing paragraphs as if fully stated herein. VY ad . 7. Based on the foregoing, Respondent is subject to discipline purswiant to -~ Section 465.016(1)(n), Florida Statutes, by violating Rule 64B16-28.110, Florida Administrative Code, for failing to examine the stock of the prescription department of each pharmacy at a minimum interval of four months, and shall remove all deteriorated pharmaceuticals, or pharmaceuticals which bear upon the container an expiration date which date has been reached. “arne— 1) Q. COUNT II 8. Petitioner realleges and incorporates by reference the allegations of fact contained in the foregoing paragraphs as if fully stated herein. 9. Based on the foregoing, Respondent is subject to discipline pursuant to Section 465.016(1)(n), Florida Statutes, by violating Rule 64B16-28. 402 (1)(h), Florida Administrative Code, for failing to have the expiration date of the drug product provided An by the drug manufacturer, repackager, or distributor. : | Ke — | ee é 4" \" COUNT IV 10. _ Petitioner realleges and incorporates by reference the allegations of fact contained in the foregoing paragraphs as if fully stated herein. 11. Based on the foregoing, Respondent is subject to discipline pursuant to Section 465.016( Ne), Florida Statutes, by violating Section 893.07(2), Florida Statutes, for failing to keep records of controlled substances in every case which show: the date of receipt; the name and address of the person from "h Tle and the kind and [us quantity of controlled substances sold received. K lige he |_— WHEREFORE, Petitioner respectfully requests the Board of'Pharmacy enter an order imposing one or more of the following penalties: revocation or suspension of the U VY . 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 anid Oth day of | f mi a , 1999. Robert G. Brooks, M. Secretary, Departm of Health Nancy M. Snurkows Chief Attorney Agency for Health Care Administration COUNSEL FOR PETITIONER: Qkearolyn Taylor Staff Attorney Agency for Health Care Administration Allied Health P.O. Box 14229 Tallahassee, Florida 32317-4229 (850) 487-9649 CT/tmh F fF HEALTH MENT O PCP: DEPADEPUTY CLERK D. : ATE eng 2. - } Q “S “ pATE___ 4

Docket for Case No: 00-000329