f i STATE OF FLORIDA DEPARTMENT OF HEALTH ‘DEPARTMENT OF HEALTH, / Petitioner, vs. . CASE NO.: 96-09290 DONNY R. JOHN, a O0-3 ¥ QS FL Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Pharmacy against DONNY R. JOHN, hereinafter referred to as “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); Chapter 455, Florida Statutes; and Chapter 465, Florida Statutes. 2. Pursuant to the authority of Section 20.43(3)(f), 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, inchiding the issuance of emergency orders of suspension or restriction. | 3.. Respondent is, and has been at all times material hereto, a licensed pharmacist in - the state of Florida, having been issued license number PS 0025852. . 4. Respondent’s last known address is 1407 Royal Grove Lane, Port Orange, Florida 32219. . Wo Nw] 5. On or about June 27, 1996, an investigation revealed that John Taylor/Board of ~ Pharmacy received an anonymous letter. 6. Said letter alleged that Donny R. John dispensed Tylenol with Codeine #3 without a prescription on several occasions. | 7. On or about December 10, 1997, an audit revealed that Tylenol with Codeine #3 was short by nine hundred fifty-seven (957) tablets, Acetaminophen was short by two hundred twenty (220) tablets, and Tylenol with Codeine #4 was short by eighty-five (85) tablets. 9. Based on the foregoing, Respondent's licenise to practice as. a pharmacist in the State of Florida is subject to discipline pursuant to Section 465.016(1)(e), Florida Statutes, for violating Section 465.018, Florida Statutes, which states that the prescription department manager is responsible for maintaining all drug records and providing for the security of the prescription department. WHEREFORE, Petitioner respectfully requests the Board of Pharmacy enter an Order ‘ imposing one or more of the following penalties: revocation or suspension of the Respondent's license, restriction of the Respondent's practice, imposition of an administrative fine, issuance of t U a reprimand, placement of the Respondent on probation, and/or any other relief that the Board ~ deems appropriate. SIGNED thig Aliay of ( deh La , 1998. COUNSEL FOR AGENCY: af Carolyn Taylor Senior Attorney Florida Bar Number 0127884 Agency for Health Care Administration . General Counsel’s Office - MQA Allied Health _ P.O. Box 14229 Tallahassee, FL 32317 - 4229 (850) 487-9644 CT/kmg PCP: Marina Garcia Woods Juan Mora, R.PH. DOM: September 15, 1998 Case No. 96-09290 ec Xd Douglas M. Cook Director y: Nancy M. Snurkowski Chief Attorney On Behalf of the Agency for Health Care Administration FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK nell, Redruth a DATE

Docket for Case No: 00-003825PL