u a u ' STATE OF FLORIDA _ DEPARTMENT OF HEALTH . DEPARTMENT OF HEALTH, y ios %, , oO ig foe, Petitioner, OO f SO ‘Oye L vs. So CASE NO. 99-03851 - JOSEPH J. FRUCCI, R-Ph., Respondent. NE) ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, and files this Administrative ~*~ Complaint before the Board of Pharmacy, against the Respondent, JOSEPH J. FRUCCI, 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 $ req ired by the Division of Medical Quality Assurance, councils or “pharmacist pursuant to > Chapter 465 65, Florida ‘Statutes, having be been issued license number PS 0006574. ~] ns) 4, Respondent's last known address is 1455 Cecilla Avenue, Coral Gables, Florida 33145. 5. On or about Tune 9, 1999 Agents of the Petitioner conducted a routine Inspection of the premises of which the Respondent was the pharmacy manager, known as the International Pharmacy and Discount. 6. As a direct and approximate result of the inspection as aforesaid, it was discovered that the Respondent was filling prescriptions for another pharmacy: to wit Discount Pharmacy which had no pharmacist on staff since 1998, a fact well known to the Respondent. 4. In addition to the foregoing, the Respondent was billing Medicaid for the prescriptions filled by International Pharmacy and Discount on behalf of the Discount Pharmacy, and sending the completed pharmacy prescriptions back to Discount Pharmacy for distribution. , 8. At the time the prescriptions were sent back the Respondent knew, or should have known, that a pharmacist was not immediately and readily available to customers of the discount pharmacy at the time the prescriptions were delivered. 9: The conduct of the Respondent as foresaid i is contrary to the provisions ‘contained i in Section 465. 150), Florida Statutes, for dispensing a prescription - without a pharmacist on staff, Section 465.023(1)(e), Florida Statutes, and Rule 64B16- 27400(4), Florida Administrative Code, for not having a pharmacist readily and directly available to patients and dispensing prescriptions to a third ‘party; and Section 465.023(1)(@), Florida Statutes, and Rule 64B16-27. 104(2), Florida Administrative Code, for maintaining an unlicensed location for the purposes of dispensing prescriptions. Ww a=) WHEREFORE, Petitioner ‘Fespectfully requests 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 t is day of: 2000. ~ Rotlert G. Brooks, M.D. Secretary, Department of Health ; y: Nancy M. Snurkowski . Chief Attorney : On Behalf of the Agency for Health Care Administration COUNSEL FOR AGEN) Y: awrence F, Kranert, Jr. Senior Attorney DEPAR Florida Bar No. 0171063 DEPUTY Greta TH Agency for Health Care Administration General Counsel's Office - MQA CLERK Ue RM ne Allied Health DA Zz i . P.O. Box 14229 | me Alat/oc Tallahassee, Florida 32317-4229 (850)487-2225 02/15/2000 PCP: 2/07/00 LI/MS Snr RE eR ot ee one eeqer ree ee owe Pct ge

Docket for Case No: 00-001508