4 d rt STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, vs. CASE NO.: 98-17194 WILLIAM E. MCGAVIC, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Pharmacy against WILLIAM E. MCGAVIC, hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with ~ yegulating the practice of pharmacy pursuant to Section 20.43, Florida Statutes (Supp. 996); Chapter 455, Florida Statutes; and Chapter 465, Florida Statutes. ’ 2, - _ Pursuant to the authority of Section 20.43(3)(g), 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 state of Florida, having been issued license number PS 0010750. ee a eee er w YW - 4, Respondent’s last known address is 2278 Owens Avenue NW, Arcadia, Florida 34266. 5. At all times material hereto, Respondent was employed at St. Joseph Hospital, located at 2500 Harbor Boulevard, Port Charlotte, Florida 33952 as a - pharmacist. 6. On or about March 30, 1998, a physician called the hospital and gave the oncology nurse on duty an admission order for patient F.M. which called for the , administration of Cisplatin 75 mg per meter squared in 500 cc normal saline over two hours. 7. On or about March 30, 1998, the oncology nurse recorded the order as Cisplatin 75 mg per meter squared in 500 cc normal saline "qd" (everyday). 8. On or about March 30, 1998, the chemotherapy order was entered into the pharmacy computer and dosages were calculated by T.T. Vu Nhung, R.Ph., the pharmacist on the chemotherapy floor. 9. On or about March 30, 1998, Vu Nhung delivered the orders to the pharmacy where the Respondent checked the order including calculations. ; 10. ; “On or about March 30, , 1998, after the medication was 5 prepared, it was . returned to the chemotherapy floor where it was administered. ~ Cisp platin "15 mg per meter ‘squared was administered to > patient F.M. on or about the fllowing dates: March 30, 1998, “March 31, 1998, “April 1, 1998 and April 2, 1998. 12. Onor about April 10, 1998, patient F.M. died of cardiopulmonary arrest. tated, “Florida Bar Number 0127884 COUNT I 13. Petitioner re-alleges and incorporates by reference the allegations contained in the foregoing paragraphs as if fully stated herein. 14. 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 465.016 (1) (D, for compounding, dispensing, or distributing a legend drug, including any controlled substance other than in the course of the \ professional practice of pharmacy. 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 this] (7{U day of ‘ , 19% Dr. 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: FE ILE 9 Carolyn Taylor DEPARTMENT OF HEALTH _Senior Attorney — Mallia te eal. ] Agency for Health Care Administration General Counsel’s Office - MQA Allied Health P.O. Box 14229 Tallahassee, FL 32317 - 4229 (850) 487-9644 CT

Docket for Case No: 00-000685