e STATE OF FLORIDA i DEPARTMENT OF HEALTH yay 28. PHS: 2 DEPARTMENT OF HEALTH, ony Petitioner, ADM Ae NGS. “ vs. CASE NO. 98-11775 NELSON NAIMAN, R-Ph. O O- ¢ 70 Respondent. oe ADMINISTRATIVE COMPLAINT _ COMES NOW, the Petitioner, Department of Health, and files this Administrative Complaint before the Board of Pharmacy, against the Respondent, NELSON NAIMAN, RPh., and in support thereof would state: 1. Petitioner is the state agency charged with regulating the prac ctice of pharmacy, pursuant to Section 20.43, Florida Statutes, Chapter 455, Florida Statutes; and Chapter 465, Florida Statutes. 2. Pursuant to the authority of Section 20.43(3)(2), Florida Statutes, the . Petitioner has contracted with the Agency for Health Care Administration, hereinafter referred to as s the "Agency, " to provide consumer complaint, investigative, and prosecutorial se services s 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 has been at all times S pertinent hereto, a duly licensed PES AE emi pharmacist pursuant to > Chapter 465, Florida Statutes, having been issued license number wou PS 0018009. Respondent’s last known address is 2117 Mauritania, Port Charlotte, ” Florida 33983. 4. Respondent was at all times pertinent hereto designated as the prescription department manager of the Barrier Island Pharmacy located at 1721 Periwinkle Road, Sanibel, Florida 33957, PH 15711. 5. On or about April 14, 1998, authorized agents of the Petitioner conducted an annual pharmacy inspection of the pharmacy described in paragraph five (5). 6. As a result of the inspection described in paragraph six (6), Petitioner’s agents discovered that Respondent failed to maintain the certified daily logs or printouts of the prescription filled or refilled. 7. Based on the foregoing, the Respondent’s license to practice pharmacy in ~ the State of Florida is subject to discipline for violation of Section 465.016(1)(e), Florida Statutes, for violation of his duty in Section 465.018, Florida Statutes for failing to comply with Rule 64B16-28.140(3), et seq. WHEREFORE, Petitioner respectfully requests the Board of Pharmacy enter an Order imposing one or more of the penalties proscribed by law, together with any other and further relief deemed just under the circumstances. SIGNED this 18th day of October, 1999. Robert G. Brooks, M.D. Secretary, Department of Health By: Nancy M. Snurkowski Chief Attorney On Behalf of the Agency for Health Care Administration COUNSEL FOR AGENCY: Lawrence F, Kranert, Jr. Senior Attoney Florida Bar No. 0171063 Agency for Health Care Administration General Counsel's Office - MQA Allied Health P.O. Box 14229 Tallahassee, Florida 32317-4229 (850)487-2225 10/04/99 pep: Wi] WS fold mmc

Docket for Case No: 00-000490