nd | 7) * STATE OF FLORIDA - DEPARTMENT OF HEALTH SIL ED OO HAY -3 PH 3:21 . DEPARTMENT OF HEALTH, Petitioner, Vs. CASE NO. 99-03910 WEISE PRESCRIPTION SHOP, INC., Respondent. ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, and files this Administrative Complaint before the Board of Pharmacy against the Respondent, WEISE PRESCRIPTION SHOP, 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 20.43(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 thé issuance of emergency orders of suspension or restriction. Bs Respondent has beet at allt times pertinent hereto, a duly licensed pharmacy pursuant to Chapter 465, Florida Statutes, having been issued license number PH 0000520. 7) oe WU 4, Respondent's last kown address is 4343 Colonial Avenue, Jacksonville, - Florida 32210. - 5. On June 10, 1999 a routine inspection was performed by agents of the Petitioner. As a result, it was discovered that on or about December 29, 1998 through June 7, 1999 the Respondent had compounded Tretinoin A emollient cream for Fred Eaglstein, M.D. who made the product available for resale to his patients at the Dermatology Center. 6. The conduct of the Respondent as aforesaid is contrary to the provisions contained in Section 465.023(1)(c) and 499.023, Florida Statutes, by selling, offering to sell, or holding for sale, manufacturing, repackaging, distributing, or give away any néw drug unless an approved application has become effective under s.505 of the federal act or unless otherwise permitted by the Secretary of the United States Department of Health and Human Services for shipment in interstate commerce. 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. — 380 SIGNED ti Whey Robert G. Brooks, M.D.. Secretary, Department ofHealth FILED “Dp PARTMENT OF HEALTH ee CLERK ¥ WS - SCBLERK © Lehi /< 4y: Nancy M. Snurkowski RBMdon Chief Attorney DATE 3-/o-Qove On Behalf of the Agency for Health Care Administration sae oe WA COUNSEL FOR AGENCY: © * Lawrence F. Kranert, Jr. Senior Attorney Florida Bar No. 0171063 . Agency for Health Care Administration General Counsel's Office - MQA Practitioner Regulation P.O. Box 14229 Tallahassee, Florida 32317-4229 (850) 487-2225 hic pcp: QW (aS i joo

Docket for Case No: 00-001885