STATE OF FLORIDA | DEPARTMENT OF HEALT DEPARTMENT OF HEALTH, Petitioner, Vs. CASE NO. 99-02040 99-04454 PRO-PHARMACY, INC. > Respondent. ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, and files this Administrative Complaint before the Board of Pharmacy against the Respondent, PRO-PHARMACY, INC., 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 issuance of emergency orders of 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 0015655. i coors ee 4. Respondent's last known address is 11476-78 SW. Quail Roost Drive, Miami, Florida 33157. . 8: During the course of routine pharmacy inspection undertaken by agents and employees of the Petitioner, on March 16, 1999 it was discovered that: a. No pharmacist was on duty and the prescription department was closed, even though the pharmacy hours as posted listed the facility to be opened at the time. b. An employee of the pharmacy, Lily Barranco, who indicated that she was pharmacy technician, was not properly identified as such. c. An unidentified employee was observed exiting through the pharmacy department doors. d. A customer was observed picking up a prescription with no verbal or written counseling being given, or even having a pharmacist on duty on the premises. 6. On or about March 19, 1999, agents and employees of the Petitioner conducted an 7. At this time it was observed that the pharmacy was closed and locked. Even though no pharmacist was on duty, medication was being given out by pharmacy ~ technicians who were not properly identified. Furthermore, it was determined at the time _ of the inspection in question that medications were being kept outside of the pharmacy department and prescription records did not identify the responsible dispensing pharmacist. 4 8. OnJ uly 27, 1999 the Respondent represented to the Board of Pharmacy that all medications and records were to be transferred to International Pharmacy and Discount as of July 27, 1999. However, this representation proved to be fraudulent as Schedule II controlled substances were contained inside a box in the prescription department, but the prescription department was open and unlocked at the time of the investigation. 9. Lastly, an agent or employee of the Respondent indicated that the former pharmacy manager had quit without having notified the Board of Pharmacy. = 10. The conduct of the Respondent as aforesaid is contrary to the provisions contained in Section 465.018, Florida Statutes, in failing to notify the Board of Pharmacy as to the identity of the present prescription department manager; Rule 64B16-27.410, Florida Administrative Code and Sections 465.023(1)(c), Florida Statutes, in failing to properly identify pharmacy technicians; Rule 64B16-27.820, Florida Administrative Code, by failing to provide adequate written or verbal offers to counsel patients regarding their medications; Rule 64B16-27.100, Florida Administrative Code, for failing to display a pharmacist license or renewal certificate; Rule 64B16-28.120(1), Florida Administrative Code, for failing to have all prescription medications located within the prescription department; Rule 64B16-28.140(3)(b), Florida Administrative Code, for failing to have prescription records identifying the responsible dispensing pharmacist; and Rule 64B 16-28. 404, Florida Administrative Code, for failing to have the prescription © department open a minimum of forty (40) hours per week, Rule 64B16-28.130, Florida Administrative Code, for operating a pharmacy wherein the sale and transfer of possession of Schedule II controlled substances * was done in violation of the laws of the State of Florida or any federal laws; and Section 465.016(1)(), Florida Statutes for intentionally misrepresenting that all medications had been transferred to International Pharmacy and Discount. eel WHEREFORE, Petitioner respectfully requests the Board of Pharmacy to enter an Order imposing one or more of the penalties proscribed by law, together with arly other - and further relief deemed just under the circumstances. SIGNED thiG {ay of Alor: Robert G. Brooks, M.D." Secretary, Department of Health 4: Nancy M. Snurkowski Chief Attorney On Behalf of the Agency for Health Care Administration t COUNSEL FOR AGENGY: ~—Lawrence F. Kranert, Jr. Senior Attorney Florida Bar No. 0171063 DEPA Agency for Health Care Administration DEPUTY Gusti’ iH General Counsel's Office - MQA a K Practitioner Regulation CLERK Yiehi REBbimn Tallahassee, Florida 32317-4229 ~ (850) 487-2225 LFK/rt PCP; [WS | NOLO Aq

Docket for Case No: 00-001034