we] \d STATE OF FLORIDA - DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, Vs | | - CASE No. 9.03274 - jo AOL0 _ LEONARD KERSTEIN, R.PH., 7 Respondent. ADMINISTRATIVE COMPLAINT 1 Petitioner i is the ency charged with regulating the practice of Pharmacy pursuant to Section 20. 465, Florida Statutes. ant to the authority of Section 20.43(3)(g), Florida Statutes, the Petitioner omplaint, investigative, a and rosecutoral services pursuant to Chapter 465, Florida Statutes, having been issued license number PS 0007497. , Florida Statutes; Chapter 455, Florida Statutes; and Chapter A ncy for Health Care Administration, hereinafter referred to as poem he nls ei: A Bk ¥ 4, Respondent s last known addres i is 900 Northwest 6h Street, Fort Lauderdale, “Florida 33311. _5..On ‘April 13, 1999 an investigation was performed by agents of the Petitioner. As: a result It was discovered: a. The Respondent failed to properly complete several DEA Form 222’s when pharmaceuticals were received. OS. ' _ ob. ‘The Respondent failed to have the pharmacist’s initials on several dispensed prescriptions. : c. The Respondent failed to have proper labeling on many pharmaceuticals. There were several unidentified liquids in unlabeled containers, plus a number of unrecognizable pills in the pharmacy area. i d. The: Respondent failed te to examine the stock of the Prescription x department at a ‘minimum interval of four months and dispose of outdated Pharmaceuticals, resulting in some being expired since 1959. &. The Respondent failed to operate clean and sanitary pharmacy, as a layer of black soot was observed on the pharmaceutical containers and the 6. On April 20, 1999, a second inspection was performed by agents of the oner. Asa result, there were additional outdated medications were discovered and “removed from the © Subject pharmacy, including ones that had been removed i in the first i inspection. / bccn ig aLkShinconiablinsts ein ove hy Laakso Bias humains win SR RP RRR rn eT Rn i ar Me oR hk: ai ee lie Sl regoing, , probable cause exists to allege that the Respondent a violated the provisions contained i in Section 465, .023(1)(6) Florida Statutes, by failure to” properly complete DEA form 222; Section 893.04(1)(c)(6) Florida Statutes, by failing to have the pharmacist’ $ initials on dispensed medications; Section 499.007(3) Florida Statutes, by failing to have Proper labels on pharmaceuticals to be dispensed; Rule 64B16-2 28.110 Florida Administrative Code, by failing to examine the stock of the prescription department at a minimum of four month intervals and remove outdated medications from the stock; Rule 64B16-28.105 Florida Administrative Code, by operating a pharmacy in unclean and unsanitary conditions which endanger the health ind Safety of of the = public served. ~ ‘Order ir imposing one or more of the penalties proscribed by law, together with any other WHEREFORE, Petitioner respectfully requests the Board of Pharmacy to enter an — | - and further relief deemed just under the circumstances. a . Ban | > By: Nancy M. SnurkdWski ; . oo, i ~ Chief Attorney : ..: On Behalf of the Agency for Health Care Administration _ FILED EPARTMENT OF HEA st ‘DEPUTY CLERK oH oa = CLERK TEA Bi COUNSEL FOR AGENGY: A Lawrence F. Kranert, Jr. Senior Attorney. : Florida Bar No. 0171063. ~- Agency for Health Care Administration General Counsel's Office - MQA Practitioner Regulation P.O. Box 14229 ~ Tallahassee, Florida 32317-4229 (850) 487-2225 LFKirt juss RCP: LE , at~r

Docket for Case No: 00-001020