7 ‘ STATE OF FLORIDA DEPARTMENT OF HEALTH (if!) >: DEPARTMENT OF HEALTH, (O- | lob Petitioner, Vs. CASE NO. 98-20734 JERRY PIREAUX, R.PH., = 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 the license of JERRY PIREAUX, R.PH., hereinafter referred to as “Respondent, " and alleges: 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 “Florida | Statutes. “peace 2. “Pursuant “to the ‘authority “of Section 20.43(3) (gq), 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, UW ) as appropriate, including the issuance of emergency orders of suspension or restriction. - 3: Respondent has been at all times pertinent hereto, a duly licensed Pharmacist pursuant to Chapter 465, Florida Statutes, having been issued license number PS 0025581. 4. Respondent's last known address is 5804 Bee Ridge Road, Sarasota, Florida 34233. COUNT I 5. Petitioner reaséerts the above as” though fully set forth herein. . . . 6. On or about February 28, 1997, Respondent, while employed as a Pharmacist at the Publix Pharmacy located at 5804 Bee Ridge Road, Sarasota, Florida 34233, was provided with a prescription for Prilosec ten (10) mg for patient D.G. \ 7. The Respondent dispensed Prozac to Patient D.G. 8. Based upon the foregoing, Respondent’s license to practice pharmacy in the State of Florida is subject to Giscipline for violation of Section 465.016(1) (g), Florida Statutes, for furnishing upon prescription an ingredient or article different from the ingredient or article prescribed COUNT II 9. Petitioner reasserts paragraphs one (1) through four (4) as. though fully set forth herein. ' : ' ' vo eM 10. On or about December 29, 1997, Respondent, while employed as a Pharmacist at the Publix Pharmacy located at 5804 Bee Ridge Road, Sarasota, Florida 34233, was provided with a prescription for Prilosec ten (10) mg for patient D.G. 11. The Respondent dispensed Prozac to Patient D.G. . 12. Based upon the foregoing, Respondent’s license to practice pharmacy in the State of Florida is subject to discipline for violation of Section 465.016(1)(g), Florida Statutes, for furnishing upon prescription an ingredient or article different from the ingredient or article prescribed. ic en meg tee WHEREFORE, Petitioner respectfully requests the Board of Pharmacy to enter an Order imposing one or more of ‘the following penalties: imposition of an administrative fine not to “exceed “$1, 000 for each offense, issuance of a reprimand, placement of the Respondent on probation, suspension of _ the © Respondent's license to practice, © ; revocation of the Respondent's license and/or any other relief that the Board deems appropriate. 1) SIGNED this sLHfay od p-1909. Robert G. Brooks, M.D. .Secretary, Department of Health By: Nancy M. Sn Chief Attorney = ‘Behalf of the Agency for Health Care Administration COUNSEL FOR AGENCY FILED << COUNSEL FOR AGENCY: Carolyn Y. Taylor DEPARTMENT OF HEALTH Staff Attorney DEPUTY CLERK « Agency for Health Care Administration CLERK Yehi Ron General i “2727 B 4a pies Ae tats ae 4 ag oe * a : Tallahassee, Florida 32308 — : (850¥4 487-3908 CYT /HG3 Pee: (iA! (e [| Qo LE (Urs el’s Office ~ MQA . : te ALLO OP erence oe aad je i . . . a WHEREFORE, Petitioner respectfully requests the Board of Pharmacy to enter an Order imposing one or more of ‘the following penalties: imposition of an administrative fine “not to exceed $1,000 for each offense, issuance of a reprimand, placement of the Respondent on probation, suspension of the Respondent's license to practice, revocation of the Respondent's license and/or any other relief that the Board deems appropriate. . Br SIGNED chishM aay of ND ,—1999. Robert G. Brooks, M.D. Secretary, Department of Health By: Nancy M. Sn _ Chief Attorney On Behalf of the Agency for Health Care Administration COUNSEL FOR AGENCY COUNSEL FOR AGENCY: FILED ee % carolyn Y. Taylor DEPARTMENT OF HEALTH _ Staff. Attorney : DEPUTY CLERK "Agency for Health Care Administration CLERK Uehi R. Visort DATE At foo _ soe Tallahass 2G, "Florida 32308 ~ (85044 487-3908 CYT /GA5 Pee: (lA (2 [ Qe LE (Unr$ ee gee ee Fe Rene Pe

Docket for Case No: 00-001166