Petitioner: DEPARTMENT OF HEALTH, BOARD OF PHARMACY
Respondent: GORDON GYOR, R.PH.
Judges: LARRY J. SARTIN
Agency: Department of Health
Locations: Boca Raton, Florida
Filed: Oct. 19, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, November 9, 2000.
Latest Update: Dec. 25, 2024
STATE OF FLORIDA Pe ieD
DEPARTMENT OF HEALTH
00 OCT 19 AMI: 29
DEPARTMENT OF HEALTH, biviston: of
QS Ee
ws ABMINISTRATIVE
Petitioner, . HEARINGS
vs. CASE NO. 00-04224
GORDON GYOR, RPH., OO-U3I4 fL
Respondent.
/
ADMINISTRATIVE COMPLAINT
COMES NOW, the Petitioner, Department of Health, and files this Administrative
Complaint before the Board of Pharmacy, against the Respondent, GORDON GYOR,
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 2000-160, Florida
Statutes; and Chapter 465, Florida Statutes.
2. Effective July 1, 1997, Petitioner is the state agency charged with
regulating the practice of pharmacy pursuant to Section 20.43, Florida Statutes, Chapter
456, Florida Statutes, (formerly Chapter 455, Part HI, see Chapter 2000-160, Laws of
Florida), Chapter 465, Florida Statutes, Pursuant to Section 20.43(3)(g), Florida Statutes,
the Department 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.
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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 0011402.
4. The Respondent’s last known address is 6045 Vista Linda Lane, Boca
Raton, Florida 33433-1005.
5. At all times material to the allegations in this complaint, the Respondent
was the pharmacist for Pet Med Express.
6. On November 16, 1999 a veterinarian at the Spencer Creek Animal
Hospital Clinic, Inc., located in St. Peters, Missouri, received a call from Pet Med
Express for the purposes of validating the dispensing of Heartguard Plus, a prescription
drug, for two (2) dogs who were patients of the veterinarian.
7. At the time and place of the call as aforesaid the veterinarian in question
declined to issue a script on each of the dogs, and refused to authorize the dispensing of
the medication in question.
8. In January of this year the veterinarian in question called the owner of the
dogs referred to above and was advised that the Heartguard medication had been shipped
to him by Pet Med.
9. On November 17, 1999 the Spencer Creek Animal Hospital in St. Peters,
Missouri received a telephone call from Pet Med Express, for the purpose of authorizing
the dispensing of Heartguard Plus, a prescription medication for two (2) dogs belonging
to a client of the animal hospital.
VY UY
10. At the time of the call the veterinarian put the phone down to get the
animal’s medical charts and at the time he returned the phone line was dead. The
Respondent never called back.
11. ‘In January of 2000 the veterinarian in question called the cleint to see he
he needed the Heartguard medication.
12. The client indicated that they had received the prescription drugs from Pet
Med in November of 1999.
13. At no time did the veterinarian in question authorize the filling of either of
the prescriptions referred to here and above.
14. | The Respondent’s conduct is contrary to the provisions contained in
Section 465.015(1)(c), Florida Statutes, for selling or dispensing drugs without first being
furnished with a prescription and Section 465.016(1}{i), Florida Statutes, for dispensing
or distributing a legend drug other than in the course of the professional practice of
pharmacy.
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 this 34 f, iyo 2000.
Robert G. Brooks, M.D.
LED
DEPARTMENT OF HEALTH
; DEPUTY CLERK Chief Attorney
cuenk YehiR. Zenon On Behalf of the Agency for Health
Care Administration
- oo 2D
COUNSEL FOR AGENCY:
Lawrence F. Kranert, fr.
Senior Attorney
Florida Bar No. 0171
Agency for Health Care Administration
General Counsel's Office - MQA
Allied Health
P.O. Box 14229
Tallahassee, Florida 32317-4229
(850)487-2225
07/16/00
PCP: WWy aN
Docket for Case No: 00-004314PL