i ei a ; ater STATE OF FLORIDA Pep DEPARTMENT OF HEALTH 00 wy BOARD OF PHARMACY OO? PH I: 26 DEPARTMENT OF HEALTH, eer , QO- aT ‘4 if OL No. 96-01688 vs. KEYSTONE POINT MEDICAL PHARMACY, INC., D/B/A BAY HARBOR DRUGS Respondent. / OUR ADMINISTRATIVECOMPLAINT Petitioner, DEPARTMENT OF HEALTH, hereinafter "Petitioner", files this Administrative Complaint before the Board of Pharmacy against KEYSTONE POINT MEDICAL PHARMACY, ‘INC.,D/B/A BAY HARBOR DRUGS, ("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), and Chapters 455 and 465, Florida Statutes. . 2. - Pursuant to the e authority of Section 20. 339, Florida Statutes (Supp. 1996), the Petitioner has contracted with the Agency for Health Care Administration to provide consumer : complaint, ‘investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils or boards, as appropriate, including the issuance of emergency orders of suspension or restriction. a W/ w 3. Respondent is, and has been at all times material hereto, a licensed pharmacy, having been issued permit number PH0009944. Respondent’s last known address is 1015 Kane Concourse, Bay Harbor, Florida 33154. 4, On or between January 3, 1995 and June 24, 1996, Patient J.A. presented various prescriptions for controlled and non-controlled substances to Respondent. 5. On or about December 19, 1996, Petitioner issued a subpoena duces tecum, #4008370, to Respondent for patient J A’s prescription records from January 1, 1996 through November 30, 1996. The subpoena required that the documents be produced for inspection and copying on January 2, 1997. | 6. On or about January 8, 1997, the Petitioner conducted a routine pharmacy inspection of Respondent. 7. The inspection revealed that Respondent did not maintain patient profile records, did not have a current copy of the pharmacy laws and rules, did not have patient’s addresses on controlled substance prescriptions, and did not have a positive drug formulary. 8. On or about January 14, 1997, an agency investigator contacted Respondent’s owner, Melvin Prine, regarding the outstanding subpoena. Mr. Prine admitted that he had not complied with the subpoena. 9. On or about A) ril 17, 1997, agency investigators presented to Respondent to “obtain the records requested in the subpoena. The pharmacist on duty was unable to locate the requested prescriptions. 10. Onor about April 17, 1997, Prine was not present at Respondent’s establishment; however, an investigator was able to ‘speak with Prine by telephone. , Prine admitted that he did not know where patient J.A.’s prescriptions were located. ere iimaallla «lcs, 4 aes, ellie, v) Los NV) - CountI 11. Petitioner realleges and incorporates by reference the foregoing allegations of fact contained in paragraphs one (1) through ten (10) as if full stated herein. 12. Based upon the foregoing, Respondent is subject to discipline pursuant to section 465.023(1)(c), Florida Statutes, by violating Rules 59X-27.800, 59X-28.110, and 59X-27.520, Florida Administrative Code, and sections 893.04(1)(c)2. and 465.025(5), Florida Statutes, for failing to have a current copy of pharmacy laws and rules, failing to have patient’s addresses on - controlled substance prescriptions, and failing to have positive drug formulary. Count IT 13. Petitioner realleges and incorporates by reference the foregoing allegations of fact contained in paragraphs one (1) through ten (10) as if full stated herein. 14. Based upon the foregoing, Respondent is subject to discipline pursuant to section 465.023(1)(c), Florida Statutes, for violating Section 893.07, Florida Statutes, by failing to maintain a complete and accurate record of each substance received, sold, delivered, or otherwise disposed of. WHEREFORE, Petitioner respectfully requests that the Board of Pharmacy enter an Order imposing one or more of the following penalties: Revocation or suspension of Respondent's Heense, imposition of an administrative fine, issuance of a reprimand, Placement of the Respondent on 1 probation, costs, and/or any other relief that the Board deems appropriate. Cen ne pres ee pene Signed this Dra day of oll anloev 41997. Douglas M. Cook Director On Behalf of the Agency for Health Care Administration COUNSEL FOR penonen/h FILED © Laura Gaffney, Senior Attorney DEPARTMENT OF HEALTH Agency for Health Care Administration EPUTY General Counsel’s Office-MQA AK Allied Health c a7 Post Office Box 14229 pATE__|“2-30- Tallahassee, Florida 32317-4229 (904) 487 - 9697 LG/ejs PCP: LAj~)F DOM: PROS: RDD LPG Ja-1-G7

Docket for Case No: 00-002784