erp Mey it STATE OF FLORIDA Boo bee bow DEPARTMENT OF HEALTH) yy 22 AMO: St DEPARTMENT OF HEALTH PETITIONER, vs. CASE NUMBER: 96-15914 Q0-U 733° JOSEPH G. CAIN, RESPONDENT. ee ADMINISTRATIVECOMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as "Petitioner", and files this Administrative Complaint before the Board of Pharmacy against Joseph G. Cain, hereinafter referred to as "Respondent", and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with the regulating the practice of Pharmacy pursuant to Section 20.43, Florida Statutes (Supp. 1996); Chapter 455, Florida Statutes; and Chapter 465, Florida Statutes. Pursuant to the authority of Section 20.43(3)(g), Florida Statutes, the Petitioner has contracted with the Agency of Health Care Administration to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate. 2. Respondentis, and has been at all times material hereto, a licensed pharmacist in the State of Florida, having been issued license number PS 0010408. 3. Respondent’s last known address is Post Office Box 846, High Springs, Florida 32643-0846. 4. At all times material hereto, Respondent was employed by Cain Drugs located at Post Office Box 846, High Springs, Florida 32655. 5. On or about December 18, 1995, the Respondent received a prescription for Patient R.M. for Hytrin 2 mg. tablets. 6. On or about December 18, 1995, the Respondent dispensed Hytrin 5 mg. tablets to Patient R.M. in a prescription medication container labeled Hytrin 2 mg. 7. On or about October 3, 1996, the Respondent was requested to refill a prescription for Patient A.J. for Isosorbide Mononitrate 20 mg. tablets. 8. On or about October 3, 1996, the Respondent dispensed Isosorbide Dinitrate instead of the prescribed Isosorbide Mononitrate to Patient A.J. 9. On or about October 14, 1996, the Respondent was requested to refill a prescription for Patient C.M. of Potassium Chloride 8 meq tablets. 10. On or about October 14, 1996, the Respondent dispensed Potassium Chloride 10 meq tablets instead of the prescribed Potassium Chloride 8 meq tablets to Patient C.M. 11. On or about October 22, 1996,- the Respondent was requested to refill a prescription for Patient R.M. of Isosorbide Mononitrate 20 mg. tablets. 12. On or about October 22, 1996, the Respondent dispensed Isosorbide Dinitrate instead of the prescribed Isosorbide Mononitrate to Patient R.M. 13. Based on the foregoing, the Respondent’s license to practice pharmacy in the State of Florida is subject to discipline for violating Section 465.016(1)(g), Florida Statutes, for using in the compounding of a prescription, or furnishing upon prescription, an ingredient or article different in any manner from the ingredient or article prescribed. WHEREFORE, Petitioner respectfully requests the Board of Pharmacy enter an order imposing one or more of the following pénalties: revocation or suspension of the Respondent's license, restriction of the Respondent's practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. SIGNED this }“HAday of Pidecaion. 198 Douglas M. Cook Director BY: Nancy M. Snurkowski Chief Attorney Agency for Health Care Administration COUNSEL FOR PETITIONER: Rien W. Files Fl LE D aff Attorney DEPARTMENT OF HEALTH Agency for Health Care Administration EPUTY CLERK Post Office Box 14229 CLERK v0, Quw Tallahassee, Florida 32317-4229 2 ia 9 (904) 487-9649 pare__{ of Foods GWF . pcp: mW (5 m/ DATE: 7/29/99

Docket for Case No: 00-004738PL