WU we) _, STATE OF FLORIDA FILED So > DEPARTMENT OF HEALTH “ PLE Losey 00 JAN 20 PHI2: 25 DEPARTMENT OF HEALTH, OIViSice oc sue ue . ' 7 ADMINISTRATIVE Petitioner, . HEARINGS vs. CASE NO.: 97-04393 LA FAMILIA FARMACIA, INC., of | Respondent. O0-O 33 / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Pharmacy against LA FAMILIA FARMACIA, 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)(f), 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. eR Pare oi net 3 “Respondent is, and has been at ali times material hereto, a licensed pharmacy in the state of Florida, having been issued license number PH 0011902. : | 4, Respondent’s last known address is 1131 North West 22 Avenue, Miami, Florida 33125. . | We. VW 5. On or about October 1, 1996, a routine inspection was conducted at Respondent Pharmacy. 6. The inspection revealed that Respondent employed pharmacy technicians in a ratio to pharmacists greater than permitted by the Florida Board of Pharmacy. 7. The inspection revealed that Respondent was improperly taking back prescriptions from an adult congregate living facility and returning them to stock. COUNT I 8. Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through seven (7) as if full stated herein. 9. Based on the foregoing, Respondent's license to practice as a pharmacy in the State of Florida is subject to discipline pursuant to Section 465.023(1)(c), Florida Statutes, by violating Rule 64B16-27.410, Florida Administrative Code, by having pharmacy technicians assist a Florida licensed pharmacist in performing professional services within a community pharmacy or institutional pharmacy environment provided that no licensed pharmacist shall supervise more than one (1) pharmacy technician unless otherwise permitted by the Florida’ Board of Pharmacy. A pharmacist’s supervision of a pharmacy technician in a 1:1 ratio working . environment requires that a pharmacy technician be under the direct and immediate personal supervision of a Florida licensed pharmacist. COUNT II “10. Petitidner realleges and ‘incorporates by reference the allegations contained in — paragraphs one (1) through seven (7) as if full stated herein. 11. Based on the foregoing, Respondent's license to practice as a pharmacy in the State of Florida is subject to discipline pursuant to Section 465.023(1)(c), Florida Statutes, by - 2 i | WU : UY violating Rule 64B16-28.118, Florida Administrative Code, which states that no pharmacist shall place into the stock of any pharmacy permittee any part of any prescription, compounded or dispensed, which is returned by a patient unless certain conditions are met. 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 thid QU day ofl OQ¢rrloa_, 1998. Douglas M. Cook Director Chief Attorney On Behalf of the Agency for Health Care Administration COUNSEL FOR AGENCY: Carolyn Taylor Senior Attorney Florida Bar Number 0127884 Agency for Health Care Administration FE | LE D General Counsel’s Office - MQA DEPARTMENT OF HEALTH Allied Health EPUTY CLERK P.O. Box 14229 cusnngftichasee . Tallahassee, FL 32317 - 4229 0. Dem (850) 487-9644 vate (R- (5 -S PCP: Marina Garcia Woods Juan Mora, R.Ph. DOM: July 28, 1998 Case No, 97-04393

Docket for Case No: 00-000335