a alk i ARR RB A an St Re . ‘ . \ a STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, 00-00% vs." CASE NUMBER: 98-16830 JAMES WARD, RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred tc to as “Petitioner,” ” and files this Administrative Complaint before the Board of f Pharmacy against JAMES WARD, hereinafter referred to as Respondent,” » and alleges: 1. Effective uly 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. Pursuant to the authority of Section 20.43 (3)(g), Florida S Statutes, the Petitioner has contracted ¥ with the e Agency of Health Care Administration to to provide consu er ‘complaint, inveatigaive and prosecutorial services required n of Medical Quality Assurance, councils, or boards, as appropriate. — “Respondent is, and has been: at St allt times s material hereto, a licensed pharmacist in the State of Florida, having been issued license number PS 0011324. Pespondent’s last known address is 5910 Trailwood Dr, Port Orange, Florida 321 27. | | io SR ae elie Rl be al Sk a i ! Cw) Ned 3. On or about June 3, 1998, during a routine dispensing practitioner inspection it was discovered that Respondent was selling Trimex, a compounded product, to Atlantic Urological Associates for Atlantic Urological Associates to administer to their patients. 4. Respondent did not have a Retailer/Wholesaler permit to sell drugs. Respondent stated he was unaware that he need such a permit, and that he was also unaware that even if he had the proper permit, he could not sell.a compounded product. COUNT] 5. Petitioner realleges ‘and reincorporates the foregoing factual allegations as if fully stated herein. 6. Based on the foregoing, Respondent is subject to discipline pursuant to Section 465.016(1)(e), Florida Statutes, for violating Rule 64B16-27.700, Florida Administrative Code, by selling a compounded product. COUNT II 7. Petitioner realleges and reincorporates the foregoing factual allegations as if fully stated herein. | 8. Based on the foregoing, Respondent is subject to discipline for violating Section 465.015(2)(c), Florida Statutes, by selling or dispensing drugs without first being furnished with a prescription. COUNT I 9. Petitioner realleges and reincorporates the foregoing factal allegations as if fully stated herein. - r > w wy) 10. Based on the foregoing, Respondent is subject to discipline for violating Section 499.012, Florida Statutes, for wholesale distribution of prescription drugs without a Retailer/Wholesaler permit. . 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. | ye SIGNED this AbY Vday of dg lawlies 1999, Robert G. Brooks, Secretary, Department of Health cy M. Snurkowski Chief Attorney Agency for Health Care Administration COUNSEL FOR PETITIONER: | _.< Gf Reginald D. Dixon, Senior Attorney” _ Agency for Health Care Administration F | LED AUTH Allied Health ‘ DEPARTMENT ori & P.O. Box 14229 . he eae Tallahassee, FL 32317-4229 ~ CLERK Cr G (850) 487-9690 . ° CT/tmh DATE PCP: SETSER LT VS _ DATE: 1 |Ar|Cq ~ ut

Docket for Case No: 00-000686