WwW. . ae) ane STATE OF FLORIDA ib ED DEPARTMENT OF HEALTH —90 aR 23. AM 0: “1 ; Bivisioy or” DEPARTMENT OF HEALTH, ADENIS Is IRA y VE PETITIONER, vs. CASE NUMBER: 99-04831 CARLOS DAVID SPIKES, R-PH, b O T, oe y/ 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 CARLOS DAVID SPIKES, R.PH, 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 is, and has been at all times pertinent hereto, a duly licensed pharmacist pursuant to Chapter 465, Florida Statutes, having been issued license number PS 0017725. Wo, UY 4. Respondent's last known address is 3681 NW 40" Court, Ft. Lauderdale, Florida 33309. 5. During the course of an investigation undertaken by the agents and employees of Petitioner, it was discovered that on or about March 17, 1999, the Respondent pharmacist dispensed a heart medication to patient, $.M., instead of the cholesterol medication which was actually prescribed by the physician; and failed to furnish S.M. with the patient records she requested and to which she was entitled. 6. The conduct of the Respondent as aforesaid is contrary to the provisions contained in Section 465.023(1)(c) and 465.016(1)(g), F.S. by furnishing upon’ prescription, an ingredient or article different in any manner from the ingredient or article prescribed; and Section 455.677(4), Florida Statutes, by failing to furnish pharmacy records upon request. 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 LY day ot wan au , 1999, Dr. Robert G. Brooks, M.D., Secretary - Department of Healt DEPARTMENT OF H DEPuTy cuenR oH CLERK Vuhi kh Vij By: Nancy M. Snurkowski / Chief Attorney DATE, a lel Ge On Behalf of the Agency for Health Care Administration COUNSEL FOR PETITIONER: Meredith Trammell * Senior Attorney Florida Bar Number - 086703 Agency for Health Care Administration General Counsel’s Office - MQA Practitioner Regulation P.O. Box 14229 Tallahassee, FL 32317-4229 (850) 487-3908 MT/cg PCP: Lemme DATE: 1] 20%

Docket for Case No: 00-001241