AN Hl ai il al i i la ei i Ail ~ the State of Florida having been issued permit number PH 0000520. a .. STATE OF FLORIDA “ wee EMAL DEPARTMENT OF HEALTH -C OCT on Pra, ~ erty i 4 DEPARTMENT OF HEALTH PETITIONER, an . b0-a0 7b vs. oO: CASE NUMBER: 98-00313. . Qa WEISE PRESCRIPTION SHOP, INC., : > 2 . aa = “Ti 2x 2. = RESPONDENT. ; a a 2m ADMINISTRATIVECOMPLAINT a7 > O&O = rrr an COMES NOW, the Petitioner, Department of Health, hereinafter referred to as "Petitioner", and files this Administrative Complaint before the Board of Pharmacy against Weise Prescription Shop, Inc.., hereinafter referred to as "Respondent", and alleges: . 1. Effective July 1, 1997, Petitioner is the state agency charged with the regulating the practice of Pharmacy pursuant to Section 20.43, Florida Statutes (Supp. 1996), Chapter 455, Florida Statutes; and Chapter 465, Florida Statutes. Pursuant to the authority of Section 20. 43(3)(@), Florida a Statutes, the Petitioner has contracted with the Agency of Health Care Administration to provide consumer complaint, investigative and prosecutorial services required ty theD Division of Medical Quality Assurance, councils, or boards, asi appropriaé re 2. ~ Respondent is, and has been at all times material hereto, a permitted pharmacy j in a Bo _Respondent’s s last known address i is 4343 Colonial Avenue, Jacksonville, Florida ek a a cil A ad w 5. The inspection on or about January 5, 1998, revealed the following deficiencies: a. The Board of Pharmacy was not st notified i in writing of the facilities' 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 ration; c. The acting prescription department manager of the Respondent informed the Agency investigators that the prescription stock was examined every six (6) months for expired medications; | d. The facility did not have a current United States Pharmacopoeia & National Formulary or Remington Pharmaceutical Sciences or U.S. Dispensatory; e. The facility did not have a current handbook of injectable drags by the American Society of Hospital Pharmacists; and . f. The Respondent’ acting prescription department manager failed to certify the final accuracy y of al | pharmaceuticals dispensed. COUNT ONE Petitioner realleges and incorporates the foregoing paragraphs as if fully stated 7. - Bas don the foregoing, the Respondent's license to practice pharmacy in the State e for violating Section 465. 02301), Florida Statiites, for ‘violating S: Section 465. 0196, Florida Statutes, for failing to inform the board office of the current prescription department manager. sR eh he i il a, 8. Petitioner realleges and incorporates the foregoing paragraphs one (1) through five (5) as if fully stated herein. 9. Based on the foregoing, the Respondent’ spermit to operate a pharmacy in the State of Florida is “subject to discipline for violating Section 465.023(1)(c), Florida Statutes, for violating Rule 64B16-27.420(1), ‘Florida Administrative Code, for operating with a 2:1 technician to pharmacist ratio without approval from the Board of Pharmacy. COUNT THREE 10. Petitioner realleges and incorporates the foregoing paragraphs one (1) through five ©) as if fully stated herein. 11. Based 0 on the Se reoing the Respondent s permit to operate a pharmacy in the State of Florida is subject to discipline for ‘violating Section 465.023(1)(c), Florida Statutes, for violating Rule 64B16-28.110, Florida Administrative Code, for failing to examine the stock of ‘the prescription department for identification of outdated pharmaceuticals every four (4) months. COUNT FOUR 12. Petitioner realleges 2 and | Incorporates | the © foregoing paragraphs one ® through five ve) as sif lly stated herein, —_ “43. “Based o te volaing Rule 6AB16. 28, £20654 Florida Administrative © Code, f for * fling to ensure that the SERS re ee “COUNT FIVE 14. Petitioner realleges and corporates the foregoing paragraphs one (1) through five (5) as if fully stated herein. 15. : Based on the foregoing, the Respondent's permit to operate a pharmacy in the State of Florida is subject to discipline for Violating Section 465. 023(1)(0), Florida Statutes, for violating Rule 64B16-27. 400(2)(6), Florida Administrative Code, for failing to ensure that a pharmacist is physically examining and certifying to the accuracy of the final preparation, thereby assuming responsibility for the final preparation. NEE omer or ~ pop: Wood + Mora Oo oper A _WHEREF ORE, Petitioner respectfully requests the Board of Pharmacy ent imposing one or more of the following penalties: revocation or suspension of the Respondent's license, restriction of the Respondent's practice, imposition of an administrative fine, issuance of a © reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. SIGNED thid AL Atey of ( aa by 1998. Douglas M. Cook Director BY: Nancy M. Snurkowski Chief Attorney Agency for Health Care - Administration — COUNSEL FOR PETITIONER: LE D ; egory W. Files Fl ENT OF HEALTH taff Attorney DEPA EPUTY CLERK Agency for Health Care Administration K ohana Post Office Box 14229 CLER 9. Tallahassee, Florida 3231 7-4229 (904) 487-9649 pate_/O 49°93 4, a ge § ; . CC WEITERE SRE 6: perenne +e ammeter: sympa vee mm ge

Docket for Case No: 00-002076