ae we || STATE OF FLORIDA . ‘DEPARTMENT OF HEALTH al OO MAY - DEPARTMENT OF HEALTH, Petitioner, Vs. CASE NO. 99-04499 0 08 4 ROBERT FISHMAN, R.PH., . O Respondent. / om ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, and files this Administrative Complaint before the Board of Pharmacy against the Respondent, ROBERT FISHMAN, 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. >. 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 has been at all times pertinent hereto, a duly licensed pharmacist pursuant to Chapter 465, Florida Statutes, having been issued license number PS 0009373. Hennes | ~ foes earn 4. Respondent's last known address is 4401 Sheridan Street, Hollywood, Florida 33021. . 5. Onor about August 2, 1999 an investigation was performed by agents of the Petitioner. As a result, it was discovered between August 30, 1996 and November 9, 1996 the Respondent dispensed to the patient M.S., multiple prescriptions from a Florida physician located in Plantation, Florida for the following Schedule II controlled substances: a. APAP w/ Codeine 60 mg. 65 tablets August 30, 1996 b. Hydromorphone 4 mg. 60 tablets August 30, 1996 c. Oxycodone 2 mg. 120tablets August 30, 1996 d. Alprazolam 2 mg. 60 tablets September 10, 1996 e. Alprazolam 2 mg. 75 tablets September 18, 1996 f. Dilaudid 4 mg. 75 tablets September 18, 1996 g. Oxycodone / APAP 90 tablets September 18, 1996 h. Zantac 150 mg. " 6Otablets October 2, 1996 i. Fioricet Tabs 60 tablets October 2, 1996 j. Oxycodone / APAP 100 tablets October 15, 1996 k. Dilaudid 4 mg. © 180 tablets October 15, 1996 1. Seconal PUL 100 mg. 60 capsules October 15, 1996 m. Alprazolam 2 mg. . 100 tablets October 15, 1996 n. Butabarbital / APAP : 60 tablets October 16, 1996 o. Imitrex 25 mg. 9 tablets October 16, 1996 p. APAP w/ Codeine 60 mg. 100 tablets November 9, 1996 q. 100 tablets November 9, 1996 bh “f° 100 tablets © November 9, 1996 s. Alprazolam 2 mg. ' 100 tablets November 9, 1996 6. In addition, it was discovered that the Respondent also dispensed large quantities of Schedule Il controlled substances to a patient known as D.B., by filling prescriptions from the same 13, 1994 and October 29, 1996 as follows: a . Oxycodone/APAP ; : Placidyl 500 mg. ao Pp . Lorazepam 2 mg. . Tuinal 200mg. . Oxycodone/APAP a a e f. Alprazolam 2 mg. g. Tuinal 200 mg. h. Oxycodone/APAP i Alprazolam 2 mg. }. Capsicum-Ibuprophen k. Prosom 2 mg. 1, Hydromorphone 4 mg. m. Lorazepam 2 mg. n. Temazepam 30 mg. o. Alprazolam 2 mg. p. Dilaudid 4 mg. q. Dilaudid 4 mg. r. Dilaudid 4 mg. Ss. Prosom 2 mg. . Dilaudid 4 mg. ~pilaudid 4mg . Tuinal 200 mg. . Dilaudid 4 mg. _ Tuinal 200 mg. . Dilaudid 4 mg. . Tuinal 200 mg. aa. Dilaudid 4mg. bb. Dilaudid 4 mg. os no“ x £ < 60 tablets 25 capsules 60 tablets 20 capsules 60 tablets 60 tablets 25 capsules 60 tablets 60 tablets 30 tablets : 30 tablets 90 tablets 75 tablets 35 capsules 90 tablets 150 tablets 90 tablets 120 tablets 30 tablets 180 tablets ~~ 150 tablets 30 capsules 150 tablets 31 capsules 150 tablets 30 capsules 150 tablets 150 tablets U physician as the patient M:S., between the dates of September September 13, 1994 September 13, 1994 September 13, 1994 October 11, 1994 October 11, 1994 October 11, 1994 November 15, 1994 November 15, 1994 November 15, 1994 October 19, 1995 October 19, 1995 October 19, 1995 October 19, 1995 November 7, 1995 November 7, 1995 November 7, 1995 December 29, 1995 January 22, 1996 January 22, 1996 February 20, 1996 March 11, 1996 April 11, 1996 “April 11, 1996 May 9, 1996 May 9, 1996 June 7, 1996 - June 7, 1996 June 28, 1996 ad ‘v) cc. Tuinal 100 mg. 45 capsules June 28. 1996 dd. Tuinal 100 mg. 45 capsules July 12, 1996 ee. Carisoporodol 350mg. 90 tablets_-——July 25, 1996 ff. Tuinal 200 mg. 60 capsules July 25, 1996 gg. Dilaudid 4 mg. 150 tablets July 25, 1996 hh. Tuinal 200 mg. : 30 capsules August 21, 1996 ii. Tuinal 200 mg. 31 capsules September 17, 1996 jj. Dilaudid 4 mg. 150 tablets | October 21, 1996 kk. Tuinal 200 mg. 31 capsules October 29, 1996 7. The Respondent dispensed a total of three-hundred and fifty five (355) additional prescriptions submitted by other patients for Schedule II controlled substances prescribed by Dr. Dennis Porter in one (1) year between the dates of January 1. 1996 and December 31, 1996. 8. In addition, it was determined that the prescribing physician was selling " prescriptions for $100.00 each to.his patients. The physicians license to practice was suspended in March of 1997. 92. Petitioner is informed and believes, and based on 1 said information and belief alleves that the Respondent either knew. or should have know: n that these prescriptions were not for a legitimate medical purpose because of the frequency and the quantities prescribed would be unreasonable for any patient and the prescribing physician was licensed as a psychiatrist. The Respondent should have been alerted to potential fraud, abuse. or diversion of these medications. Yet the Respondent continued to fill the prescriptions for both patients on a regular basis for months. 10. The ‘patient MS. died on January 7, 1997 from combined drag intoxication from » Benzodiazepines Opiates and Alcohol. YW . | or . i é 11. The patient D.B. died on October 30, 1996 from a positional asphyxiation due to a near toxic level of Secobarbital (2.97 mg/L). In addition his blood contained amobarbital, carisprodol, meprobamate, moprphine, temazepam, nordiazepam and diazepam. 12. The conduct of the Respondent as aforesaid is contrary to the provisions contained in Sections 465.016(1)(e) and 893.08(3)(c), Florida Statutes, by dispensing controlled substances other than in good faith; Rule 64B16-27.810(1)(a)(e)(g). Florida Administrative Code, failing to review the patient record for over-utilization, duration of treatment and clinical abuse/misuse; Rule 64 B16-27.810(2), Florida Administrative ~ Code, by failing recognize and take appropriate steps to resolve problems of clinical _abuse/misuse, duration of treatment and over-utilization; Rule 64B16-27.820(1). Florida Administrative Code, by failing to offer patient counseling: and Section 455.624(2)(b), Florida Statutes, by intentionally violating any rule adopted by the board or department. 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 ni Whey of MAvwh, 2000. Robert G. Brooks, M.D. Secretary, Department of Hez FILED DEPARTMENT OF HEALTH “be CLERK y:} Nancy M. Snurkow CLERK WUchi RBs Chief Attorney eee = ~~. On Behalf of the Agency for pate_3-/0- 2200 Health Care Administration ( COUNSEL FOR AGENQY: rence F. Kranert, Jn Senior Attorney Florida Bar No. 0171063 . Agency for Health Care Administtation General Counsel's Office - MQA Practitioner Regulation P.O. Box 14229 Tallahassee, Florida 32317-4229 (850) 487-2225 LFK/rt PCP: any joo coer eyes eter

Docket for Case No: 00-001887