STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, HO~OlWI.0 PETITIONER, vs. CASE NUMBER: 98-14933 DAVID FRITZ, RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Pharmacy against DAVID FRITZ, 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, Eg Florida Statutes; and Chapter 465, Florida Statutes. Pursuant to the authority of Section 20.43 (3)(g), Florida Statutes, the Petitioner has contracted with the Agency of Health Care Administration to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate. ) 2. Respondent is, and has been at all times material hereto, a licensed pharmacist in the State of Florida, having been issued license number 0019122. Respondent’s last known address is 1600 Sunset Drive, Clearwater, Florida 34643. 3. On or about February 5, 1998, the Agency for Health Care Administration Medicaid Integrity Program conducted a routine audit of two hundred (200) recipients of U VA Medicaid prescriptions which were filled between January 15,1997 through January 15, 1998 by Heartland Healthcare Pharmacy, where Respondent is the pharmacy. ; | 4. The audit revealed that fifty four (54) prescriptions were unable to be located. 5. The auditor stated Medicaid requires a provider to maintain its medical records in hard copy form in the pharmacy for five (5) years. 6. All of the missing prescriptions were eventually located. COUNT I 7. Petitioner realleges and reincorporates the foregoing factual allegations as if fully stated herein. 8. Based on the foregoing, Respondent is subject to discipline pursuant to Section 465.016(1)(e), Florida Statutes, by violating Rule 64B16-27.800, Florida Administrative Code, by failing to maintain a patient record system which provides for the immediate retrieval of information necessary for the dispensing pharmacist to identify previously dispensed drugs. COUNT II 9. Petitioner realleges and reincorporates the foregoing factual allegations as if fully stated herein. 10. _ Based on the forgoing, Respondent is subject to discipline pursuant to Section 465.016(1)(e), Florida Statutes, by violating Rule 64B16-28.140, Florida Administrative Code; by failing to maintain records in a data processing system which complies with the Code, or alternatively maintained in written form for a period of not less than two years from the date of last filling. 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 YW A 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 thi SL day of pm , 1999. Robert G. Brooks, Secretary, Department of Health tft ancy M. Snurkowski Chief Attorney Agency for Health Care Administration COUNSEL FOR PETITIONER: of Reginald D. Dixon, Senior Attorney Agency for Health Care Administration Allied Health P.O. Box 14229 , Tallahassee, FL 32317-4229 (850) 487-9690 CT/Amh PCP: DATE: FILED DEPARTMENT OF HEALTH EPUTY CLERK - it

Docket for Case No: 00-000690