a= Ml ili te a pie elk cl wld il ~ STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, 0 o-/l (3 Vs. ~ CASENO. 99-03292 NOBIS 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, NOBIS 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. BOY), 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 0013377. v 6 4. Respondent's last known address is Post Office Box 170332, Hialeah, Florida 33017. 5. On or about April 14, 1999 an inspection was performed by agents of the Petitioner. As a result, it was discovered: a. The Respondent failed to have a pharmacist present and on duty during regular operating hours of the pharmacy. b. The Respondent failed to prevent access to the pharmacy department by lock or padlock so that any person other than a registered pharmacist could not enter, nor was a closed sign displayed. 6. The conduct of the Respondent as aforesaid is contrary to the provisions contained in Section 465.023(1)(c), Florida Statutes, and Rule 64B16-28.109, Florida Administrative Code, by operating a pharmacy without a pharmacist present and on duty; Rule 64B16-28.109(4), Florida Administrative Code, by failing to prevent access to the pharmacy department with a lock or padlock so that no one may enter but a Florida ‘registered 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 this/ Vibvor , 2000. Robert G. Brooks, M.D. Secretary, Department of Health By: Nancy M. Snurkowski Chief Attorney . On Behalf of the Agency for Health Care Administration COUNSEL FOR AGENCY: oo. a Lawience F. Kranert, Jr. “» “Senior Attorney “Florida Bar No. 0171063 oo ‘Agency for Health Care Administration General Counsel's Office - MQA ner Regulation gs ‘Tallahassee, Florida 32317-4229 _ ~ (850) 487-2225" ,

Docket for Case No: 00-001163