Petitioner: DEPARTMENT OF HEALTH, BOARD OF PHARMACY
Respondent: NGONI KWANGARI
Judges: LINDA M. RIGOT
Agency: Department of Health
Locations: Miami, Florida
Filed: Jan. 21, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 7, 2000.
Latest Update: Dec. 25, 2024
i i ka ld i neat aR ee ree eee
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH, :
Petitioner, , : a. ( - 3 7 VA
vs. ; CASE NO.: 97-04522
NGONI KWANGARI,
Respondent. ;
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files
this Administrative Complaint before the Board of Pharmacy against NAGONI KWANGARI,
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.
3. ‘Respondent is, and has been at all times material hereto, a licensed pharmacist in
the staté of Florida, having been issued license number PS 0022879.
4. . Respondent’s last known address is 13821 South ‘West 112 Avenue, Miami,
Florida 33176.
5. On or about November 11, (1996, a routine inspection was conducted at Kalahari
Drugs where Respondent was the prescription department manager.
6. The inspection revealed that Respondent failed to properly supervise pharmacy
technicians.
7. The inspection also revealed that Respondent employed pharmacy technicians in a
ratio to Pharmacists greater than that permitted by the Board of Pharmacy.
8. Respondent failed to properly maintain patient profile-records.
9. Respondent failed to offer adequate written and verbal counseling to patients.
10. “Respondent failed to have a pharmacist on duty while the prescription department
was open.
i. / The inspection revealed that Respondents prescription records failed to identify
the responsible dispensing pharmacists.
12. Respondent failed to put the initials of the pharmacist filling the controlled
substance onn new. v and refilled prescriptions
13. ‘The inspection revealed that Respondent s computer system did not allow for
retrievable controlled substance prescription information.
: Respondent ‘failed to maintain a certified daily log 0 or t printout of prescription
I
15. Petitioner realleges and incorporates by reference ‘the allegations contained in
- atagraphs oné (1) through fourteen ( 14) as if fully stated herein,
16. "Based on the ‘foregoing, Respondent's license to practice asa Pharmacist i in the
; State of Florida i is subject to discipfine pursuant to Section 46s. sO16(0), Florida Statutes, by
rn eer
violating Section 465.018, Florida Statutes, in violation of Rule 64B16-27.410, Florida
Administrative Code, which states that pharmacy technicians may assist a Florida licensed
pharmacist in performing professional services within a commiunity pharmacy or institutional
_ pharmacy environment provided that no licensed pharmacist shall supervise more than one
pharmacy technician unless otherwise permitted by the Board. Furthermore, it states that a
pharmacy technician must be under the direct and immediate personal supervision of a Florida
~ licensed pharmacist. / fa
COUNT I
17. Petitioner ralleges and incorporates by reference the allegations contained in
. paragraphs one (1) through fourteen (14) as if fully stated herein. .
18. Based on the foregoing, Respondent's license to practice as a Pharmacist i 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 64B16-27.410, by failing to
receive approval from the ‘Board of Pharmacy prior to practicing with a 2:1 pharmacy technician
ratio. _
Administrative Code; which states ‘the requirement to maintain patient records.
San Soe ror
COUNTY, IV
2 Petitioner realleges and incorporates by reference the allegations contained in
paragraphs one Q) through fourteen (14) as if fully stated herein.
22. Based on the foregoing, Respondent's license to practice asa Pharmacist i in the
State of Florida i is subject to discipline pursuant to Section 465. O16), Florida Statutes, by
violating Section 465.018, Florida Statutes, in violation of Rule 64B16-28.109, Florida
Administrative Code, by failing to close the prescription department of any community
pharmacy when a Florida registered pharmacist is not present and on duty.
COUNT V
23. ‘Petitioner realleges and incorporates by reference the allegations contained in
paragraphs one (1) through fourteen (14) as if fully stated herein.
24. 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()() Florida Statutes, by
Molating § Section 465: 018, Florida Statutes, in violation of Rule 64816 “28. 140, Florida
community pharmacists.
- 25. ” Petitioner realleges and incorporates by reference the allegations contained ‘in i
. “paragraphs one (1) through fourteen (14) as if ful ly stated herein.
_ 26. Based on the > foregoing Respondent's license to practice as a pharmacist i in the
State of Florida is subject to discipline pursuant to Section 465. o1s0aye), Florida Statutes, by
voling Section 465 018, Florida States, in violation of Section 993 O70), Florida Statutes,
me which requires every penton who engages in the manufacture, compounding, 1 mixing, , cultivating, ~
* states the requirements for maintaining record systems ‘for
growing, ‘or by any other process producing or prepating, of in the dispensing, importation of
‘controlled substances to make ‘a complete and accurate record of all stocks of controlled
substances on hand.
27. Petitioner realleges and incorporates by reference the allegations contained in
paragraphs one (1) through fourteen (14) as if fully stated herein.
28. 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 Section 893.07(1)(b, Florida Statutes,
by. failing to maintain, on a current basis, a complete and accurate record of each substance
manufactured, received, sold, delivered, or otherwise disposed of by the pharmacist.
| WHEREFORE, Petitioner respectfully requests the Board of Pharmacy enter an Order
imposing ¢ one or more of the following penalties: Tevocation or suspension of the Respondent's
“Ticense, restriction n of the Respondent Ss 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.
By: Nancy M. Snurkowski
DFOARTMENT OF HEALTH i Chief Attorney
. EPUTY CLERK ’ On Behalf of the Agency for
CLERK é Q, ew Health Care Administration
“pate_/- 23 - 13
, re)
“COUNSEL FOR AGEN:
Carolyn Taylor
Senior Attorney
Florida Bar Number 0127884
Agency for Health Care Administration
General Counsel’s Office - MQA
Allied Health
P.O. Box 14229
Tallahassee, FL 32317 - 4229
(850) 487-9644
arf CT/kmg
10/28/98
~ PCP: Marina Garcia Woods
Juan Mora, R.PH.
DOM: July 28, 1998
Case No. 97-04522
Docket for Case No: 00-000379
Issue Date |
Proceedings |
Jun. 07, 2000 |
Order Closing File sent out. CASE CLOSED.
|
May 25, 2000 |
Notice of Voluntary Dismissal (Petitioner filed via facsimile) filed.
|
Apr. 24, 2000 |
Order Granting Continuance sent out. (Parties to advise status by August 1, 2000.)
|
Apr. 20, 2000 |
Joint Motion for Continuance (filed via facsimile).
|
Feb. 17, 2000 |
Order of Pre-Hearing Instructions sent out.
|
Feb. 17, 2000 |
Notice of Hearing sent out. (hearing set for June 15, 2000; 9:30 a.m.; Miami, FL)
|
Feb. 08, 2000 |
(Petitioner) Response to Initial Order filed.
|
Feb. 04, 2000 |
(Petitioner) Response to Initial Order (filed via facsimile).
|
Jan. 27, 2000 |
Initial Order issued. |
Jan. 21, 2000 |
Administrative Complaint filed.
|
Jan. 21, 2000 |
Election of Rights filed.
|
Jan. 21, 2000 |
Agency Referral Letter filed.
|