the "Agency," oo stateoFFLoRDA | DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, Vs, ; CASE NO. 99-02504 MICHAEL G. TANNER, R.PH., > Respondent. ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, and files this Administrative Complaint before the Board of Pharmacy against the Respondent, MICHAEL G. TANNER, R.PH. and in support thereof would state: 1. Petitioner i 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. Agency for Health Care Administration, hereinafter referred to as srosecutorial services including the i issuance of emergency orders of suspension or restriction. : 23. _ Respondent. has been 2 at all times ‘pertinent hereto, a duly licensed pharmacist pursuant to Chapter 465, F lorida Statutes, having been issued license number PS 0021904. 43(3)(g), Florida Statutes, the Petitioner edical Quality Assurance, councils or board, as appropriate, discovered: uy + 4. Respondent St known address is 11600 Thurston ‘dl Orlando, Florida 32827. . 5. An investigation was performed by agents of the Petitioner. As a result it was . Between July 5, 1998 and March 12, 1999 an individual known as L.B. presented twenty-five (25) prescriptions to be filled at the Eckerds Pharmacy in question. Thirteen (13) of the prescriptions were for Lortab tablets (containing Hydrocodone Bitartrate and acetaminophen) and twelve (12) were for Tylenol #3 (with codeine). . The Respondent dispensed six (6) prescriptions for tylenol with codeine; on July 5,1998; August 3, 1998; August 17, 1998; September 21, 1998; . September 30, 1998 and October 6, 1998. In addition, the Respondent filled two (2) of the Hydrocodone prescriptions on January 10, 1998 and another on December 20, 1998. The remaining 14 prescriptions were filled by another pharmacist. . At some time durin the course se of these t transactions, a /apharmacy ee signed off c on the pr prescriptions. ‘The pharmacist w was s informed - that the individual, L. B., had been discharged i in April of 1998, and that each and every one of the 25 prescriptions that had been filled had been forged. Respondent had not reviewed patient records on each new and / or refill prescription presented for dispensing and, thereby, over utilized or aided and ‘abetted in clinical abuse or misuse ofa controlled substance. see ce een emg gere peerme reee ip . 7. Based on th regoing, iti it is believed that probable che. exists that the Subject i is in violation: a. Section 465.016(1)(i), Florida Statutes, by compounding, dispensing, or distributing a legend drug, including any controlled substance, other than in the course of the professional practice of pharmacy as the conduct in question consists of dispensing or distributing legend drugs in excessive or inappropriate quantities. Section 465.016(1)(e), Florida Statutes, by violating Section 64B16- 27.800, Florida Administrative Code and Rule 64B16-27.810, Florida Administrative Code, by failing to adequately maintain and / or review ty Ss patient records and further, failing to identify over-utilization and / or clinical abuse or misuse of a legend drug and controlled substance. WHEREF ORE, Petitioner respectfully Tequests the Board of Pharmacy to enter an ~ Order i imposing one or more of the penalties proscribed by law, together with any other and further relief deemed just under the circumstances. SIGNED Glee ot So (uay 41999-- Robert G. Brooks, M.D. Secretary, Depariment of Health By: Nancy M. Snurkowski Chief Attorney ce Fl LED On Behalf of the Agency for DEPARTMENT OF HEALTH Health Care Administration 7 DEPUTY CLERK : cusnk ek Bln pare_a|uiloo Some rere ere cone COUNSEL FOR AGEN € / 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 7" Or ee ne np cr eee digitata ahaa

Docket for Case No: 00-001118