DEPARTMENT OF HEALTH, _ Petitioner, Vs. CASE NO. 00-00302 WINN DIXIE STORES, INC., Respondent. ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, and files this Administrative Complaint before the Board of Pharmacy against the Respondent, WINN DIXIE STORES, INC. and in support thereof woulc 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 pharmacy - pursuant to Chapter 465, Florida Statutes, having been issued license number PH 00015917. 4, Respondent's last known address is 3131 Forest Hill Blvd., West Palm Beach, Florida 33406. 5. Onor about January 13, 2000 an investigation was performed by agents of the Petitioner. As a result, it was discovered that between July 7, 1999 and August 10, 1999 the following pharmaceuticals were ordered by a pharmacy technician, known as David Valpuesta, and subsequently stolen by this pharmacy technician upon receipt of the pharmaceuticals. a. Lorcet 10/650 1000 tablets. b. Vicodin ES 7.5 400. tablets. . | c. Xanax 2 mg. 9,900 tablets. , d. Valium 10 mg. 12,500 tablets. e. Diazepam 10 mg. 2,500 tablets. 6. The conduct of the Respondent 'as aforesaid is contrary to the provisions contained in Section 465.023(1)(c), Florida Statutes, and Rule 64B16-27.410, Florida 7 Administrative Code, by failing to properly supervise a pharmacy technician; Section 465.022(1)(c), Florida Statutes, by failing to provide safe storage of floor-stock drugs; s. | 21 CFR 1301.71, by failing to provide effective controls and procedures to guard against the theft / diversion of controlled substances. Ui. U 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 pd Wey of ; Lad , 2000. Robert G. Brooks, M.D. Secretary, Department of Health EILED LEALTH By: Nancy M. Snurkowski DEPARTME ie Chief Attorney 0 - On Behalf of the Agency for CLERK : Health Care Administration are Ged — COUNSEL FOR AGENOQY: 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 ~ LFK/t ; (> No : | | :

Docket for Case No: 00-003031