a a li LA ae iad <> sramorttorpa = FILED DEPARTMENT OF HEALTH os OOMAY 16° PH 1:5] DIVISION © DEPARTMENT OF HEALTH, _ Z AD HINISTRALIVE - Petitioner, vs. : - CASENO.: 98-00342 GILBERT N. WEISE JR., _ C0-da0 IS Respondent. / - ADMINISTRATIVE COMPLAINT. . Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Pharmacy against GILBERT N. WEISE JR., hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of pharmacy pursuant to Section 20.43, Florida Statutes (Supp. 1996); Chapter 455, Florida Statutes; and Chapter 465, Florida Statutes. 2. Pursuant to the authority of Section 20. 430), Florida Statutes (Supp. 1996), ‘the Petitioner has contracted with ‘the Agency for ‘Health Care Administration (ithe Agency”) to povide consumer complain, investigative, and prosecutorial se services Aa alimd sk ada alti ee ek . dispensed. nen nrc tenn nasi ~ u 4. Respondent’ last known address is 1468 Mallard Landing Boulevard, Jacksonville, Florida 32259. 5. At all ti times material hereto, Respondent ¥ was the prescription department manager of Weise Prescription Shop, Inc. located at 4343 Colonial Avenue, Jacksonville, Florida 32210. Weise Prescription Shop, Inc. is a Special-Parenteral/Enteral pharmacy. 6. On or about January 5, 1998, the Agency conducted a routine pharmacy inspection of Weise Prescription Shop, Inc. 7. On or about January 5, 1998, the inspection revealed the following deficiencies: a) The Board of Pharmacy was not notified in writing of the facility’s current prescription department manager; b) Two (2) pharmacy technicians were observed working under one (1) pharmacist when the facility had not been approved for a 2:1 technician to pharmacist ratio; c) _ Respondent informed ihe Agency investigators that the prescription stock ~ was éidenined | every six (6) months for expired medications; _ d. ~The facility did not have. a current United States ‘Pharmacopocia and» . oy ‘National Formulary or Remington Pharmaceutical Sciences or U. 8. Dispensatory; ae “peace failed to 0 eety “the ‘final’ accuracy ¢ “of all platihacbuticels of injectable drugs by the 2. ~ COUNTI 8. Petitioner realleges and incorporates by reference the allegations contained in the foregoing paragraphs as if fully stated herein. | 9, Based o on the foregoing, Respondent's license to practice as a pharmacist in the State of Florida is subject to discipline pursuant to Section 465.016(1)(e), Florida Statutes, for violating Section 465.018, Florida Statutes, for failing to inform the Board ~ office of the current prescription department manager. - COUNT IT 10. _ Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through seven (7) as if fully stated herein. il. Based on the foregoing, Respondent's license to practice as a pharmacist in the State of Florida is subject to discipline pursuant ‘to Section, 465.016(1)(e), ‘Florida Statutes, by violating Section 465. 018, Florida Statutes, in violation of Rule 64B16- 27.420(1), Florida Administrative Code, for practicing with a 2:1 technician to pharmacist ratio without approval from the Board of Pharmacy. COUNT Il 12. Petitioner realleges and incorporates by reference the allegations contained ‘in paragraphs 0 one ne (1) through seven (7) as if fully stated herein. 13. ~~ Based on nthe foregoing, Respondents license to practice asa pharmacist in the State of Florida i is subject to discipline pursuant to Section 465. O16(1)@), Florida Statutés, by violating Section 465.018, Florida Statutes, in violation of Rule 64B16- 28.110, Florida Administrative Code, for failing to éxamine the stock of the prescription department for identification of outdated pharmaceuticals every four (4) months. COUNT IV IV 14. Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through seven 2) as if fully stated herein. 15. Based on the foregoing, Respondent's license to practice as a pharmacist in the State of Florida is subject to discipline pursuant to Section 465.016(1)(e), Florida Statutes, by violating Section 465.018, Florida Statutes, in violation of Rule 64BI6- 28.820(5)(e), Florida Administrative Code, for failing to ensure that the prescription department is equipped with the minimum reference materials required. COUNT V 16. Petitioner realleges and incorporates by reference the allegations contained in paragraphs of one (1) through seven (7) as if fully stated herein. 17. Based on the foregoing, Respondent's license to practice as a pharmacist in the State of Florida is subject to discipline pursuant to Section 465.016(1)(e), Florida Statutes, by violating Section 465.018, Florida Statutes, in violation of Rule 64B16- 27. 400(2)(C), Florida Administrative Code, for failing to Physically examine and certify to the accuracy of ‘the ‘final preperation, thereby assuming reponsibiy for ‘the final | enter an eR RYE rR Tee pee ee administrative fine, issuance of a reprimand, placement of the Respondent on probation, and/or any 0 other relief that the Board deems appropriate. SIGNED Be of_{ SoSkour , 1998, Douglas M. Cook Director _.. By: Nancy Mf Chief Attorney — ’ On Behalf of the Agency for Health Care Administration COUNSEL FOR AGENCY: - FE Carolyn Taylor 47 DEPARTMENT OF HEALTH Senior Attorney DEPUTY CLERK Florida Bar Number 0127884 CLERK J, \ \hoda5.53 Agency for Health Care Administration DATE YS General Counsel’s Office - MQA Allied Health P.O. Box 14229 ; Tallahassee, FL 32317 - 4229 (850) 487-9644 CT/kmg . - PCP: Marina Garcia Woods a : Juan Mora, R.PH. ~~ DOM: September 15, 1998 oe | Sti aa aca

Docket for Case No: 00-002075