ww c STATE OF FLORIDA F AL. cay) , DEPARTMENT OF HEALTH scp -5 PM 3:35 DEPARTMENT OF HEALTH, yasign OF ADMINISTRATIVE Petitioner, ; HEARIN GS vs. CASE NO. 99-61827 BARBARA SONN-MARCELLO, R.PH., Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, and files this Administrative Complaint before the Board of Pharmacy, against the Respondent, BARBARA SONN- MARCELLO, 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 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 boards, 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 PS 0033747, poor 6 } TAC Cn oS 4. The Respondent’s last known address is 102175 Hidden Springs Court, Boca Raton, Florida 33498. 5. An investigation which was undertaken by agents and employees of the Petitioner, revealed that between the approximately dates of January 2 and January 9, 1999, the Respondent, as acting pharmacy manager, failed to establish effective safeguards against theft of controlled substances in the pharmacy. 6. At all times material to the allegations of this complaint the Respondent was the Prescription Department Manager for American Pharmaceutical Services. 7. On January 8, 1999 the Respondent ordered eight containers of Vicodin ES (500 Count). Vicodin ES is a Schedule III Controlled Substance. 8. On January 9, 1999 the drugs referred to above were delivered to Respondent’s pharmacy. The receipt was signed for by a pharmacy technician. The drugs disappeared. 9. From what can be determined the Respondent had not receiving procedures in place for drugs; no lock-up policies; permitted technicians to order drug by computer; and made the technicians responsible for taking the drugs. (10. ‘In addition to the foregoing, drug inventories for the months of October, November and December 1998 showed a loss of the following: Hydrocodone 5/500 #10000 Hydrocodone 7.5/750 #7500 Hydrocodone 10/650 #3000 Hydrocodone 7.5/650 #120 Diazepam 10mg #1500 Oxycodone 5/325 #66 moe nogp 11. The conduct of the Respondent as aforesaid is contrary to the provisions contained in Section 465.016(1)(e), Florida Statutes, for failing to establish effective Cae ao) safeguards against theft of controlled substances in the pharmacy, and Section 465.014, Florida Statutes, for failure to supervise pharmacy technicians. WHEREFORE, Petitioner respectiully 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 this y of. ia 2000. Se bert G. Brooks, M.D. tary, Department of Health By: Nancy M. Snurkowski Chief Attorney On Behalf of the Agency for Health Care Administration COUNSEL FOR A' CY: Lawrence F. Kranert| Jr. ~ Senior Attorney DEP, ARTMENT OF HEALTH Florida Bar No. 0171063 UTY CLERK Agency for Health Care Administration CLERK Yahi R. Xam General Counsel's Office - MQA Allied Health DATE__7-/7- 2oco P.O. Box 14229 Tallahassee, Florida 32317-4229 (850)487-2225 02/02/2000 PCP: 06/11/00 LIAB

Docket for Case No: 00-003647PL