so.” STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, (fy0e3! Petitioner, . VS. LV. & PULMONARY PRESCRIPTION PROFESSIONALS, Case No. 97-1189 Respondent. / _ errr ra ADMINISTRATIVE COMPLAINT "Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Pharmacy against LV. & PULMONARY PRESCRIPTION PROFESSIONALS, hereinafter referred to as “Respondent, ? and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of pharmacy purstiant to Section 20.43, Florida Statutes (Supp- 1996); Chapter 455, Florida Statutes; and Chapter 465, Florida Statutes. ‘Pursuant to the authority of Section 20.433)@, Florida Statutes (Supp. ; 1996), the Petitioner has contracted with the Agency for Health ¢ Care Administration to provide nara 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 pharmacy, having been issued license number PH 0010999. _ by dispensing the drugs to a third party. 7) vy ~ 4, Respondent’s last known address is 3129 W. Hallandale Beach Blvd., guite 106, Pembroke Park, Florida 33009. 5. On.or about July. 20, 1995, an inspection was conducted by an agency investigator at We Care Medical Equipment, Inc. located at 2050 Coral Way #503, Miami, Florida 33145. 6. The inspection revealed that We Care Medical Equipment, Inc. was in possession of approximately fifty (50) prescription drugs which had been dispensed on or about June 21, 1995 by the Respondent Pharmacy. 7. We Care Medical Equipment, Inc. is a durable medical equipment company. . 8. According to employees of the aforementioned establishment, the drugs had not been delivered because they were under investigation by Medicare and had been advised to cease all operations. 9. The Respondent Pharmacy failed to properly dispense prescription drugs COUNT I Petitioner realeges and incorporates by reference the allegations contained . t aragraphs as if fully stated herein. . , “Based on the foregoing, the Respondent’s license to practice pharmacy in orida i is subject to discipline pursuant to Section 465.023 (1)(C), Florida» Statutes, by violating Rule 64B16- 27.400(4), Florida Administrative Code, which states that the pharmacy, as in integral aspect of dispensing, shall be directly and immediately ww ww __available to the patient or the patient’s agent for consultation and shall not dispense to a third party. No prescription shall be deemed to be properly dispensed unless the pharmacist is personally available.. WHEREFORE, Petitioner respectfully requests the Board of Pharmacy énter‘an Order imposing one or more of the following penalties: imposition of an administrative | fine not to exceed $1,000, issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. SIGNED thi fqay of ( br be , 1998. Douglas M. Cook Director By Nancy M. Snurko' Chief Attorney On Behalf of the Agency for Health Care Administration FILED : . DEPARTME ; OUNSEL FOR AGENCY: DEPUTY cen : Seah een EV Boel : Susan B. Bodell a _Senior Attomey Oi paTeE__\\-( 5-98 ~"Blorida Bar Number 0987859 ; Agency for Health Care Administration ral Counsel’s Office - MQA : Allied Health - P.O. Box 14229 ° “Tallahassee, FL 32317 - 4229 (850) 487-9697 ~ SBB\jeg PCP: ndYa 7H Wood Date: 7/> /I€6 ore as

Docket for Case No: 00-000681