ES) . STATE OF FLORIDA COMAY 30. PH 3: 25 DEPARTMENT OF HEALTH obi siat it OF ADEINT c DEPARTMENT OF HEALTH, Petitioner, 0 9) e a 3 9) / Vs. CASE NO. 99-0512 IVAN ASCANIO, R.PH., Respondent. ADMINISTRATIVE COMPLAINT x COMES NOW the Petitioner, Department of Health, and files this Administrative Complaint before the Board of Pharmacy against the Respondent, IVAN ASCANIO, 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 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 the i issuance 2 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 0025676. a eee ° : 7) 4. Respondent's last known address is 10265 Gandy Boulevard, St Petersburg,” Florida 33702. . id 5.° On or about November 4, 1999 an investigation was performed by agents of the Petitioner. As a result, it was discovered the Respondent on October 6, 1999 misfilled a prescription submitted by B.K. for the medication Tamoxifen 20 mg., by dispensing Tamoxifen 10 mg. Subsequently, the prescription was refilled incorrectly seven (7) times. The error was not detected until a new prescription was submitted. 6. The conduct of the Respondent as aforesaid is contrary to the provisions contained in Section 465.023(1)(c) and 465.016(1)(g), F.S., by furnishing upon prescription, an article different in any manner from the article prescribed, and 499.007(1), F.S. WHEREFORE, Petitioner respectflly requests, the Board of Pharmacy tc 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 g)LWaiay of Ape | , 2000. “Robert G. Brooks, M.D. Secretary, Pepartinent of Health By: Nancy M. Snurkowski Chief Attorney ~ “On Behalf of the Agency for _ Health Care Administration ~ “GEPARTMENT OF DEPUTY cuenK ERK Mihi R Bit DATE ee Looe ch ll Ae a “f an FOR AGENCY: awrence 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 re I RN ee in pernemne nmeee pecemmeme meee pete

Docket for Case No: 00-002301