VY Aw, STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, | Petitioner, . 00-0694 vs. | | CASE NO.: 97-13071 ABLE GATO, Respondent. ; ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Pharmacy against ABLE GATO, 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 20.43(3)(0), 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 0025807. 4. Respondent’s last known address is 29 South West 35 Avenue, Miami, Florida 33135. U UO 5. At all times material hereto, Respondent was employed by Walgreens Pharmacy located at 998 South West 67 Avenue, Miami, Florida 33144. | 6. On or about February 15, 1997, a prescription for Ciloxan, an antibiotic used for treating conjunctivitis, was called in by Dr. Perez-Blanco for Patient Y.C. 7. On or about February 15, 1997, Respondent dispensed Xalatan to Y.C. instead of the prescribed Ciloxan. 8. On or about March 1, 1997, Y.C. returned to Dr. Perez-Blanco to advise him that her eye condition was not improving. 9. During the office visit, Dr. Perez-Blanco discovered that the medication Y.C. was taking was not the medication he originally prescribed. 10. 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)(g), F lorida Statutes, by using in the compounding of a prescription, or furnishing upon prescription, an ingredient or article different in any manner from the ingredient or article prescribed. 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 U U a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. SIGNED thisAfhaay of _( \chatey 1998. Douglas M. Cook Director BY: Nancy M. Snurkowski Chief Attorney On Behalf of the Agency for Health Care Administration COUNSEL FOR AGENCY: FILED Gf7 Carolyn Taylor DEPARTMENT OF HEALTH Senior Attorney DEPUTY CLERK Florida Bar Number 0127884 CLERK roll, \ Ne You iel Agency for Health Care Administration DATE__[[-{>-Qk General Counsel’s Office - MQA Allied Health P.O. Box 14229 Tallahassee, FL 32317 - 4229 (850) 487-9644 CT/kmg - - 10/28/98 PCP: Marina Garcia Woods Juan Mora, R.PH. DOM: July 28, 1998 Case No. 97-13071

Docket for Case No: 00-000694