Petitioner: DEPARTMENT OF HEALTH, BOARD OF PHARMACY
Respondent: APS PHARMACY MANAGEMENT, INC.
Judges: MICHAEL M. PARRISH
Agency: Department of Health
Locations: Fort Lauderdale, Florida
Filed: Jul. 25, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, September 29, 2000.
Latest Update: Dec. 24, 2024
Ww. /
STATEOFFLORIDA |) J
DEPARTMENT OF HEALTH
90 JUL 25 AM (0: 31
DEPARTMENT OF HEALTH, OWlsda &
; ADMINIS [Ri AVE.
Petitioner, HEARI
Vs. CASE NO. 99-03299
APS PHARMACY MANAGEMENT, INC.,
00-307
Respondent.
ADMINISTRATIVE COMPLAINT
COMES NOW the Petitioner, Department of Health, and files this Administrative
Complaint before the Board of Pharmacy against the Respondent, APS PHARMACY
MANAGEMENT, INC., 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.
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 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 PH
0014230.
Ww Ne)
4. Respondent's last known address is 2540 Metrocentre Boulevard, West Palm
Beach, Florida 33351.
5. Onor about May 5, 1999 an investigation was performed by Agents of the
Petitioner and it was discovered that on or about January 2, 1999 a shipment of eight (8)
packages of Vicodin E.S. 7.5/750 tablets, 7.5 mg. each, were delivered to the Subject
pharmacy and signed for by the Subject’s pharmacy manager. The shipment of Schedule
II controlled substance pharmaceuticals were left outside of the pharmacy department in
the garage area, that was unlocked and unsecured, as anyone had access to the shipment of
pharmaceuticals. This shipment was valued at $551.36.
6. On or about January 8, 1999 a pharmacy technician entered into the computer
system an order for $3226.80 of Schedule II and III controlled substances from the
distributor that services the Subject pharmacy. The pharmacy technicians had been
trained by the pharmacy staff to enter into the computer system orders of pharmaceuticals
to be delivered by the distributor. The pharmaceuticals ordered are as follows:
a. Valium 10mg. 3x 500 tablets.
b. Vicodin E.S. 7.5/750 7.5 mg. 3 x 500 tablets.
c. Vicodin E.S. 7.5/750 7.5 mg. 3 x 100 tablets.
d. Vicodin Tuss Syrup 100/5 480 ml.
e. Vicoprofen 7.5/200 3 x 500 tablets.
7. On or about January 9, 1999 the aforementioned list of Schedule II and III
controlled substances were delivered to the Subject pharmacy and the invoice was signed
by a pharmacy technician employed by the Subject pharmacy. The shipment of
pharmaceuticals were left again outside the confines of the pharmacy department in the
unlocked and unsecured garage area, which allowed access to the Schedule II and III
controlled substances by anyone.
j ™
|
LE i
L |
|
it |
8. Onor about January 11, 1999 it was discovered by the Subject pharmacy’s
purchasing agent that the purchase orders and invoices were missing for the January 2,
1999 and the January.9, 1999 delivery of Schedule II and III controlled substances.
Copies of the missing documents were faxed to the Subject pharmacy from the
distributor. These documents revealed that not only had Schedule II and III controlled
substances been ordered that were not kept at the facility in such large quantities, but
these pharmaceuticals were missing from the inventory of the facility.
9. During the investigation the Lantana Police Department arranged to purchase a
quantity of the stolen pharmaceuticals from a pharmacy technician employed by the
Subject pharmacy. The purchase was made from the pharmacy technician and a warrant
was issued for his arrest on March 23, 1999. To date the pharmacy technician has not
been apprehended, and remains at large.
10. The conduct of the Respondent as aforesaid is contrary to the provisions
contained in Section 465.023(1)(c), Florida Statutes, and Rule 64B16-28.112, Florida
Administrative Code by owning, operating, maintaining a pharmacy wherein the sale,
possession, or transfer of possession, either with or without a prescription, of any
medicinal drug is done in violation of the laws of the State of Florida or any federal laws;
Rule 64B16-28.120(1), Florida Administrative Code by failing to store all medicinal
drugs or drug preparations within the confines of the prescription department of the
community pharmacy; Rule 64B16-27.430, Florida Administrative Code by the
delegation of duties, tasks or functions toa pharmacy intern without the continuing
review and ultimate supervision of a Florida licensed pharmacist who instigated the
specific task, so that the continuity of supervised activity is present between the
pharmacist and the pharmacy technician; Rule 64B16-27.400(1)(a), Florida
Administrative Code by failing to supervise and be responsible for the controlled
substance inventory; and Rule 64B16-27.410, Florida Administrative Code by failing to
have a pharmacy technician under the direct and immediate supervision of a Florida
licensed pharmacist.
«
7] - Nw]
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 rh aay of st 997
Robert G. Brooks, M.D.
Secretary, Department of Hea]th
FILED
TMENT OF HEALTH By: Nancy M. Snurkowski
OEP LEGK Chief Attorney
= On Behalf of the Agency for
CLEA @,
pate__G Li ghae—
Health Care Administration
co EL FOR scent’.
hone F. Kranert, nL JE
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
Docket for Case No: 00-003028