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DEPARTMENT OF HEALTH, BOARD OF PHARMACY vs MARGARITA M. MCCORMIC, 00-001148 (2000)

Court: Division of Administrative Hearings, Florida Number: 00-001148 Visitors: 24
Petitioner: DEPARTMENT OF HEALTH, BOARD OF PHARMACY
Respondent: MARGARITA M. MCCORMIC
Judges: ARNOLD H. POLLOCK
Agency: Department of Health
Locations: Tampa, Florida
Filed: Mar. 15, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 10, 2000.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA o DEPARTMENT OF HEALTH S"¢>° Ss. Dl pe AS . Dey ee TY] Fa oa et Bee mi avn DEPARTMENT OF HEALTH, Poa bi 7 pened Ze - tf PETITIONER, oo = = [oe] < vs. CASE NUMBER: 99-00108 MARGARITA M. MCCORMIC, OOWMYD RESPONDENT. _ ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Pharmacy against MARGARITA M. MCCORMIC, 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. Pursuant to the authority of Section 20.43 (3)(g), Florida Statutes, the Petitioner has contracted with the Agency of Health Care address is 2102 Cattleman Drive, Brandon, Florida 33511, 3. “On or about October 12, 1998, and November 5, 1998, Respondent created fraudulent prescriptions for two (2) bottles of Stadol NS (controlled substance). 4. On or about November 11, 1998, Respondent was arrested and charged with two felonies, Grand Theft and Obtaining and possessing a controlled substance by fraudulent means. 5. Respondent admitted to filling the prescription herself and using the controlled substance for her own personal use. Respondent admitted to being addicted to Stadol NS. 6. Eckerd Corporation terminated Respondent’s employment in response to the arrest and Respondent’s admissions. 7. Respondent has voluntarily entered into a Physicians Recovery Network program.- COUNT I 8. Petitioner realleges and reincorporates the foregoing factual allegations as if fully stated herein. 9 Based on the foregoing, Respondent i is subject to discipline for violating Section 465.016(1)(d)(2), Florida Statutes by misusing or abusing any medicinal drug appearing in any schedule set forth in chapter 893. COUNT II 10. Petitioner realleges and reincorporates the foregoing factual allegations as if fully stated hetein. | 11. Based on the foregoing, Respondent is subject to discipline for violating Section 465.016(1)(J), Florida Statutes, for making or filing a report or record which Respondent knows to be false, intentionally or negligently failing to file a report or record required by federal or state law, willfully impeding or obstructing such filing, or inducing another person to do so. Such reports or records include only those which the Respondent is required to make or file in her capacity as a licensed pharmacist. 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 Pp Pp ip a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. SIGNED this Prdlaay o )ydoraloer 1999. a Robert G. Brooks, Secretary, Department of Health ancy M. Snurkowski Chief Attorney Agency for Health Care Administration COUNSEL FOR PETITIONER: Carolyn Taylor, Attorney Agency for Health Care Administration Allied Health P.O. Box 14229 : Fi LE D Tallahassee, FL 32317-4229 ; DEPARTMENT OF HEALTH (850) 487-9690 EPUTY CLERK ~ CT/tmh CLERK ‘ Ye PCP: Wood and Stamitoles LV. + M Ss DATE. 130 - DATE: December 15,1998 Wr ilaq eat

Docket for Case No: 00-001148
Issue Date Proceedings
Oct. 10, 2000 Order Closing File issued. CASE CLOSED.
Sep. 25, 2000 Notice of Appearance and Substitution of Counsel (filed by J. Pellett via facsimile).
Jun. 08, 2000 Order Granting Continuance and Placing Case in Abeyance sent out. (Parties to advise status by September 8, 2000.)
Jun. 07, 2000 Joint Motion to Abate (filed via facsimile).
May 26, 2000 Notice of Hearing sent out. (hearing set for June 23, 2000; 9:00 a.m.; Tampa, FL)
Apr. 04, 2000 Order Granting Motion to Extend Time Order sent out. (respondent`s objections in opposition to the administrative complaint filed in this case will be filed within 20 days from the date of this order; notice of hearing is being set by separate notice of he
Mar. 31, 2000 Letter to Judge Pollock from G. Freeman Re: Request for subpoenas filed.
Mar. 30, 2000 Respondent`s Response to Initial Order (filed via facsimile).
Mar. 29, 2000 Motion to Extend Time to File Motions in Opposition to the Administrative Complaint (filed via facsimile).
Mar. 29, 2000 Request to Produce and in the Alternative Public Records Request (filed via facsimile).
Mar. 29, 2000 (G. Freeman) Notice of Filing (filed via facsimile).
Mar. 29, 2000 Notice of Appearance (Grover C. Freeman, filed via facsimile).
Mar. 20, 2000 Initial Order issued.
Mar. 15, 2000 Request for Formal Hearing (filed via facsimile).
Mar. 08, 2000 Notice of Appearance filed.
Mar. 08, 2000 Administrative Complaint filed.
Mar. 08, 2000 Agency Referral Letter filed.
Source:  Florida - Division of Administrative Hearings

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