STATE OF FLORIDA ~ DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, OO- os Vs. CASE NO. 98-18695 GENERAL MEDICAL PHARMACY, . Respondent. ADMINISTRATIVE COMPLAINT < COMES NOW the Petitioner, Department of Health, and files this Administrative Complaint before the Board of Pharmacy against the Respondent, GENERAL MEDICAL PHARMACY and in support thereof would state: 1. Petitioner is the state agency charged with regulating the practice of Pharmacy € . pursuant to Section 20.43, Florida Statutes; Chapter 455, Florida Statutes; and Chapter 465, Florida Statutes. 2. Pursuant to the authority of Section 20.43(3)(g), Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration, hereinafter referred to as the "Agency,” to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils or board, as appropriate, including ‘the i issuance of emergency orders of f suspension or restriction. 3. Respondent has been at all times pertinent hereto, a duly licensed pharmacy pursuant to Chapter 465, Florida Statutes, having been issued license number PH 0014330. 33155. Wd 4. Respondent's last known address is 6741 Southwest 24" Street, Miami, Florida 5. An investigation was performed by agents of the Petitioner. As a result it was discovered that on September 16, 1997 the Respondent compounded Aerosol Albuterol and delivered the it to a third party, an unlicensed physician known as Jose Mizrahi. 6. The conduct of the Respondent as aforesaid is contrary to the provisions contained in Sections 465. 023(1)(©), Florida Statutes and Rule 64B16- 27.400, Florida Administrative Code, by dispensing medication to a third party; and Rule 64B16-27. 700, Florida Administrative Code, by failing to make the patient aware that a commercially available product is to be compounded by the pharmacist. - WHEREFORE, Petitioner respectfully requests the Board of Pharmacy to enter an” Order imposing one or more of the penalties proscribed by law, together with any other and further relief deemed just under the circumstances. SIGNED thid 4ay 0 71999. \ Robert G. Brooks, M.D. Secretary, Department of Health FILED _ DEPARTMENT OF HEALTH EPUTY CLERK By: Nancy M. Snurkowskt CLERK eb ke Bie ; Chief Attorney 4 On Behalf of the Agency for DATE__—> 2./ I Joe - Health Care Administration COUNSEL FOR AGENCY: iY Lawrence F. Kranert, Jr.|- Senior Attorney 7 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 LFK/t pepe: LL + NS [7/2000

Docket for Case No: 00-001028