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DEPARTMENT OF HEALTH, BOARD OF PHARMACY vs RALPH A. SHUTTERLY, R.PH., 01-003018PL (2001)

Court: Division of Administrative Hearings, Florida Number: 01-003018PL Visitors: 64
Petitioner: DEPARTMENT OF HEALTH, BOARD OF PHARMACY
Respondent: RALPH A. SHUTTERLY, R.PH.
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Health
Locations: Sarasota, Florida
Filed: Jul. 25, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, October 12, 2001.

Latest Update: Dec. 24, 2024
£ ao f o _ STATE OF FLORIDA DEPARTMENT OF HEALTH ae y Weel DEPARTMENT OF HEALTH, C4 Petitioner, Vs. CASE NO. 98-21623 RALPH A. SHUTTERLY, RPH,, Respondent. ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, and files this Administrative Complaint before the Board of Pharmacy against the Respondent, RALPH A. SHUTTERLY 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. : i i. 2. Pursuant to the authority of Section 20.43(3)(g), FloridaStatutes, 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's last known address is Marshall Register #18833-018, SPC Montgomery, Maxwell AFB, Montgomery, Alabama 36612. a ere 4. The Board of Pharmacy entered an order on August 25, 1998 in Case #98- 14214, suspending the respondent’s license for providing drugs without a prescription. 5. On October 28, 1998 the Respondent was charged with delivering a controlled substance, consisting of thirty (30) Hydrocodone tablets to an individual referred to as D.C. on September 11, 1998, in the Circuit Court of the Twelfth Judicial Circuit of the State of Florida, in and for Sarasota County, Case # 98-13326 F. , "a. The Respondent was arrested on September 29,1 998 for the delivery of a controlled substance to D.C. b. Asa direct and proximate result, the Respondent’s probation for a previous federal conviction entered in Case #94-111-CR-T-17E, was revoked, and he is presently serving the remaining eighteen (18) months of his sentence. 6. The conduct of the Respondent as aforesaid is contrary to the provisions contained in Section 465.016(1)(n), Florida Statutes, and Rule 64B16-28.502 by the transfer of a controlled substance to a person other than the patient for whom it was prescribed. 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 ak bey of \Youundeer 1999. Robert G. Brooks, M.D. Secretary, Department of Heal By: Nancy M. Snurkowski Chief Attorney On Behalf of the Agency for Health Care Administration COUNSEL FOR AGENCY: Lawrence 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 ~~ LEKAt [SR d- MNS FILED PCP: G— 10-24 DEPARTMENT OF HEALTH EPUTY CLERK - cusnngpt phonay ~ . ; : . DATE. cf

Docket for Case No: 01-003018PL
Issue Date Proceedings
Oct. 12, 2001 Order Closing File issued. CASE CLOSED.
Sep. 26, 2001 Order to Show Cause issued (Respondent shall respond to this order by October 8, 2001).
Sep. 13, 2001 Motion to Deem All Matters Admitted and Relinquish Jurisdiction (filed by Petitioner via facsimile).
Sep. 04, 2001 Letter to DOAH from R. Shutterly, Jr. concerning his discontinuance to pursue a Florida Pharmacy License filed.
Aug. 30, 2001 Order Allowing Counsel to Withdraw issued.
Aug. 29, 2001 Motion to Withdraw (filed by Respondent via facsimile)
Aug. 21, 2001 Order Denying Motion to Dismiss issued.
Aug. 20, 2001 Petitioner`s Reply to Respondent`s Motion to Dismiss filed.
Aug. 17, 2001 Order of Pre-hearing Instructions issued.
Aug. 17, 2001 Notice of Hearing issued (hearing set for October 17 and 18, 2001; 9:00 a.m.; Sarasota, FL).
Aug. 10, 2001 Respondent`s Motion to Dismiss (filed via facsimile).
Aug. 09, 2001 Notice of Taking Deposition Duces Tecum filed by Petitioner
Aug. 07, 2001 Notice of Filing Petitioner`s Requests for Interrogatories, Admissions and Production filed.
Aug. 02, 2001 Unilateral Response to Initial Order (filed by Petitioner via facsimile).
Jul. 26, 2001 Initial Order issued.
Jul. 25, 2001 Election of Rights filed.
Jul. 25, 2001 Administrative Complaint filed.
Jul. 25, 2001 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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