STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, . jo-l 709 Vs. CASE NO. 98-21618 WILLIAM J. FARMER, R.Ph., Respondent. : 4 7 / aan 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 WILLIAM J. FARMER, R.Ph., hereinafter referred to ‘as "Respondent, " and alleges: . 1. Petitioner is the state agency charged with regulating th ractice of pharmacy pursuant to Section 20. 43, Florida Statutes; _ Chapter 455, Florida Statutes; and Chapter 465, ‘Florida statutes. 2. “Pursuant tot the authority of ‘Section 20.43 (3) (9). Florida “Statutes, the Petitioner has contracted with the Agency for Health Care Administration, hereinafter referred to as_ the “AgencYs "to provide consumer complaint, investigative, and. prosecutorial services “required by the Division of Medical Quality Assurance, councils or board, Vie ) e 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 0012836. oe A, Respondent's last known address is 395 _ South Atlantic Avenue, Ormond Beach, Florida 32176. 7 : oO Respondent is the prescription - department manager at The Apothecary Shop of Daytona, located at 129 East International Speedway B, Daytona Beach, Florida 32118. 6. Petitioner’s agents effected an inspection of The Apothecary Shop of Daytona described in Paragraph five (5) on September 24, 1998. COUNT I 7. As a result of “the inspection described in paragraph efx (6), Betitioner's agents "discovered that © follows: . “CONST r : CONCERNING THE AVAILABILITY OF A LESS EXPENSIVE GENERICALLY EQUIVALENT . DRUG AND THE REQUIREMENTS OF FLORIDA LAW.” “Based” upon the > foregoing, the Respondent's license to practice pharmacy in ‘the: ‘state of Florida. is subject to discipline for violation “of Section 465. 016(1) (ey Florida Ww ‘ed « statutes, for violation of Section 465.018, Florida Statutes, for violation of Section 465.025(7), Fldérida Statutes, for failing to display in a prominent place that is in clear and unobstructed public view, at or near the place where prescriptions are dispensed, a sign in block letters that reads: “CONSULT YOUR PHARMACIST CONCERNING THE AVAILABILITY OF A LESS EXPENSIVE GENERICALLY EQUIVALENT DRUG AND THE REQUIREMENTS OF FLORIDA LAW.” | . . : COUNT II 9. Petitioner reasserts paragraphs one (1) through six (6) as though fully set forth herein. 10. As a result of the inspection described in paragraph six (6), Petitioner’s agents discovered at least one (1) pharmaceutical that had been outdated for over four (4) months. At. Based upon ‘the foregoing: the Respondent’ s license to practice pharmacy - in ‘the State of Florida is subject to discipline for violation of Section 465. 016(1) (e), ‘Florida Statutes, for violation of Section 465.018, Florida Statutes, for” violation of Rule 64Bi6- 28. 110, Florida Administrative Godé, for” failing ‘to. Peat pao ee ‘stock of the prescription department of the pharmacy at an interval of four months and to at that point remove all reached. WY " ed . pharmaceuticals bearing an expiration date that has been COUNT IIT 12. Petitioner reasserts paragraphs one (1) through six (6) as though fully set forth herein. 13. As a result the inspection described in paragraph six(6), Petitioner’s agents discovered that the dispensing pharmacist failed to sign and certify the daily: hard-copy printouts of all prescription drugs dispensed or refilled on one hundred, seventeen (117) dates between April 1, 1998 and September 17, 1998. 14. Based upon the foregoing, the Respondent’ s License to practice pharmacy in the State of Florida is subject to discipline for violation of Section 465.016(1) (e), Florida Statutes, for violation of Section 465.018, Florida Statutes, for violation of Rule 64B16-28.140 (3) (a), Florida Administrative Code, for failing to ensure that each Andividual pharmacist who dispenses or refills a prescription drug order verifies, that the data indicated on ‘the daily hard- “copy “printout “is “correct by dating and signing such ‘document within seven “days from the date of dispensing. : + COUNT IV 15. Petitioner reasserts paragraphs one (1) thfough six (6) as though fully set forth herein. 16. As a result of the inspection described in paragraph six (6), Petitioner’s agents discovered that the pharmacy described in paragraph five (5) was not equipped with a current copy of the laws and rules governing the practice of pharmacy in the State of Florida. *: 17. 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) (e), Florida Statutes, for violation of Section 465.018, Florida Statutes, for violation of . Pule . 64B16- 728. 107, Florida Administrative “Code, for failing to ensure that the pharmacy of which Respondent is the prescription department manager is equi ped with a current copy of _the laws and i ee WV Wd . “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. . SIGNED enis} Mreay of Y (Now , 1999, Robert G. Brooks, M.D. Secretary, Department of HeAlth By“Nancy M. Snurkowski Chief Attorney “On Behalf of the Agency for Pi “Health Care Administration COUNSEL FOR AGENCY: o Carolyn Y. Taylor Staff Attorney Agency ‘for ‘Health Care’ Administration 21's Office = MOA 0 ; FILED ve Pee Sten wabaes oe -- DEPARTMENT OF HEALTH P. “6; Box 14229 > , 2317-4229 EPUTY CLERK . Tallahassee, Florida .3 q- CLERK Q. (850) 487-3908 DATE. AGF ne TOMS aly vlag RE 2 meee

Docket for Case No: 00-001705