— STATE OF FLORIDA aii eal DEPARTMENT OF HEALTH Be Ewe OF 00 JAN 20 Pit }2: 03 DEPARTMENT OF HEALTH, Petitioner, vs. Case No. 97-06278 HARVEY L. TOWLEN, Q0-0320 Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Pharmacy against HARVEY L. TOWLEN, hereinafter referred to as “Respondent,” and alleges: 1. Effective July , 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, having been issued license number PS0013147. L 4. Respondent’s last known address is 27 North Lakeshore Drive, Lake Wales, Florida 33853. - ; 5; On or about August 22, 1994, Respondent was terminated from his position as a staff pharmacist at K-Mart Pharmacy #3624 after filling numerous unauthorized prescriptions for himself and family members. 6. On or about August 31, 1995, an Administrative Complaint was filed with the Board of Pharmacy against Respondent, AHCA case number 94-14978. 7. On or about November 2, 1995, a Stipulation adopted by a Final Order of the Board of Pharmacy placed Respondent on a two (2) year probationary period subject to certain conditions, including, but not limited to: (a) The Respondent shall not violate Chapters 455, 465, 499 and 893, Florida Statutes, the rules promulgated pursuant thereto, or any other state or federal law, rule or regulation relating to the practice of or to the ability to practice pharmacy. (b) Respondent shall not in the future fill or dispense any prescription for himself, his family, or his employees. Respondent understands and acknowledges that to do so is a violation of the Final Order incorporating the terms of this stipulation. 8. On or between March 23, 1995 and January 12, 1996, Respondent was employed by Winn-Dixie Pharmacy #2250 as the pharmacy manager. 9. On or about January 12, 1996, Respondent was terminated from Winn-Dixie for false and misleading information on his employment application dated on or about March 7, 1995 and during the interview/hiring process. wa Nl 10. Onor about January 12, 1996, Winn-Dixie Stores Inc. reviewed the pharmacy records and discovered that Respondent had dispensed five prescriptions for himself , including a prescription for a controlled substance listed in Chapter 893, Florida Statutes. 11. All prescriptions were telephoned into the pharmacy by a Dr. Fielding on or between July, August and September 1995. 12. _ After reviewing the prescriptions, Fielding denied telephoning the prescriptions into the pharmacy or authorizing Respondent to dispense the medication. 13. Respondent is in violation of the Final Order of the Board of Pharmacy dated November 2, 1995, by dispensing prescriptions to himself and for violating Chapters 455, 465 and 893, Florida Statutes. 14. Respondent failed to provide a correct address to the Board of Pharmacy. COUNT I 15, Petitioner realleges and incorporates by reference the allegations contained in the foregoing paragraphs as if fully stated herein. 16. Based on the foregoing, the Respondent’s license to practice pharmacy in the State of Florida is subject to discipline pursuant to Section 455.624(1)(a), Florida Statutes, by making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee’s profession. COUNT II 17. _ Petitioner realleges and incorporates by reference the foregoing allegations contained in paragraphs one (1) through fourteen (14) as if fully stated herein. 18. Based on the foregoing, the Respondent’s license to practice pharmacy in the State of Florida is subject to discipline pursuant to Section 455.717, Florida Statutes, Which states that each licensee of the department is solely responsible for notifying the department in writing of the licensee’s current mailing address and place of practice. COUNT Ill 19. Petitioner realleges and incorporates by reference the foregoing allegations contained in paragraphs one (1) through fourteen (14) as if fully stated herein. 20: Based on the foregoing, the Respondent’s license to practice pharmacy in the State of Florida is subject to discipline pursuant to Section 465.01 5(2)(c), Florida Statutes, by selling or dispensing drugs without first being furnished with a prescription. COUNT IV 21. Petitioner realleges and incorporates by reference the foregoing allegations contained in paragraphs one (1) through fourteen (14) as if fully stated herein. 22. 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)(n), Florida Statutes, by violating a rule of the board or department or violating an order of the board or department previously entered in a disciplinary hearing. WHEREFORE, Petitioner respectfully requests the Board of Pharmacy enter an Order imposing one or more of the following penalties: imposition of an administrative fine not to exceed $1,000 for each offense, issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. . . w U SIGNED nr day of 19 “e Douglas M. Cook Director By: N : Chief Attorney On Behalf of the Agency for Health Care Administration COUNSEL FOR AGENCY: Susan B. Bodell ft? FILED * Scales ane DEPARTMENT OF HEALTH Florida Bar Number 0987859 EPUTY CLERK Agency for Health Care Administration CLERK ; Q. ‘i General Counsel’s Office - MQA Allied Health pare__2/)9P —_ P.O. Box 14229 Tallahassee, FL 32317-4229 (850) 487-9637 SBB:cb pcp: LW /OF pom: 37-98

Docket for Case No: 00-000330