ional eet ll le Bak 3 __, STATE OF FLORIDA DEPARTMENT OF HEALTH . DEPARTMENT OF HEALTH, _ Petitioner, : (O06 AT vs. PEARL STREET PHARMACY, Case No. 97-21984 Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Pharmacy against PEARL STREET PHARMACY, 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. 433)(8), Florida ‘Statutes (Supp. 1997), 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 j issuance of "emergency orders of suspension or restriction. 3. Respondent is, and has been at all times material hereto, a registered pharmacy, having been issued permit number PH 0000562. 4, Respondent’s last known address i is 312 w. gt St., Jacksonville, FL 32206. \w/ \ed 5. On or about December 11, 1997, a routine inspection was conducted at Pearl Street Pharmacy. 6.. This inspection revealed the following deficiencies in the pharmacy: a. technician was not wearing the proper identification while working; ; b. pharmacist could not produce all DEA 222 forms; of the forms that were produced, many were missing the date received, the quantity received, or both; Cc. pharmacist could not produce a signature log or daily hard- copy print out. COUNT I 7. Petitioner realleges and incorporates by reference the foregoing allegations contained in paragraphs one (1) through six (6) as if fully stated herin. 8. Based on the foregoing, Respondent is subject to discipline pursuant to Section 465.023(1)(c), Florida Statutes, by violating Rule 64B16-27.410, Florida Administrative Code, which states that all pharmacy technicians shall identify themselves as pharmacy technicians by wearing a type of identification badge that is clearly visible which specifically identifies the employee by name and by status as a “pharmacy technician.” COUNT II 9. Petitioner realleges and incorporates by reference the foregoing allegations contained in paragraphs one (1) through six (6) as if fully stated herin. 10. - 1 on th foregoing, Respondent ‘is subject to discipline pursuant to Section 465,023(1)(@), by violating Section 893.07(2), Florida Statutes, which states that the record of controlled substances received shall in every case show the date of receipt and the quantity of controlled substances received. w .—) COUNT II . 11. Petitioner realleges and’ incorporates by reference the foregoing allegations contained in paragraphs one (1) through six (9) as if fully stated herin. 12 ‘Based on the foregoing, Respondent is subject to discipline pursuant to Section 465.016(1)(n), Florida Statutes, for violating a rule of the board; specifically, Rule 64B16- 28.140(3)(c), (), or (€), Florida Administrative Code. Section (c) states that the daily hard-copy printout shall be maintained in a separate file at the pharmacy and that the records of controlled ‘substances shall be readily retrievable from records of non-controlled substances. Section (d) states that each individual pharmacist who dispenses or refills a prescription drug order shall verify that the data indicated on the daily hard-copy printout is correct, by. dating and signing such document in the same manner as signing a check or legal document within seven days from the date of dispensing. Section (e) states that in lieu of producing a hard-copy printout, the pharmacy shall maintain a log book in which each individual pharmacist using the data processing system shall sign a statement each day, attesting to the fact that the information entered into the data processing system that day has been reviewed by him or her. ’ Jicense, requests the Board of Phartnacy enter an order “WHEREFORE, F Petitioner - respectfully more of the following penalties: revocation or suspension of Respondent’s imposing one or restriction of the Respondent's practice, imposition of an administrative fine, issuance of and/or any other relief that the Board a reprimand, placement of the Respondent on probation , deems appropriate. SIGNED nig DX ey a Basen, 08 Robert G. Brooks, M.D. Secretary, Departmeyt of Health y: Nancy M. Snurkowski Chief Attomey On Behalf of the Agency for Health Care Administration COUNSEL FOR AGENCY: egory Files enior Attomey _ _ Agency for Health Care Administration General Counsel’s Office - MQA Allied Health FI ILE ) ~ P.O. Box 14229 Tallahassee, FL 32317 - 4229 DEPARTMENT Of EALTH (850) 487-2225 . EFUTY wg Dim CLERK ; GWFleag” — ee PCP: a a pate Ot) DATE: 7 ‘ E

Docket for Case No: 00-000687