Petitioner: DEPARTMENT OF HEALTH, BOARD OF PHARMACY
Respondent: KENNETH M. LOOMIS
Judges: WILLIAM R. PFEIFFER
Agency: Department of Health
Locations: Orlando, Florida
Filed: Aug. 02, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, November 16, 2001.
Latest Update: Dec. 23, 2024
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STATE OF FLORIDA ae En
DEPARTMENT OF HEALTH 97 yp EF
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DEPARTMENT OF HEALTH, He 2
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PETITIONER, | =
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vs. CASE NUMBER: 98-13787 _ -
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KENNETH M. LOOMIS, " (l- 407 LPL | S - |
RESPONDENT. |
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ADMINISTRATIVE COMPLAINT |
COMES NOW, the Petitioner, Department of Health, hereinafter referred to as
“Petitioner,” and files this Administrative Complaint before the Board of Pharmacy against
KENNETH M. LOOMIS, hereinafter referred to as “Respondent,” and alleges:
SEAR NN INNO Harem nie Rantene ee:
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. Pursuant to the authority of Section 20.43
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(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. Respondent is, and has been at all times material hereto, a licensed pharmacist in
the State of Florida, having been issued license number 0015155. Respondent’s last known
address is 121 Fernwood Street, Orlando, Florida 32806.
3. On or about February 25, 1998, Respondent was ae .
cocaine. -
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4. Respondent stated he was buying cocaine to deal with some stress. He also stated
he drinks on a fairly regular basis (maybe a six-pack a day) to help him sleep, and occasionally
takes Halcion for pain relief. Despite this, Respondent maintained that he does not believe he
has a substance abuse problem.
5. On or about May 28, 1998, a report was received by investigator Michael
Magnuson from the Physicians Resource Network, stating that, after being evaluated subsequent °
to the arrest for cocaine possession, Respondent failed to follow recommendations that he enter
into treatment for alcohol dependence, cocaine abuse and sedative abuse.
COUNT I
6. Petitioner realleges and reincorporates the foregoing factual allegations as if fully
stated herein.
7. Based on the foregoing, Respondent is subject to discipline for violating Section
465.016(1)(d), Florida Statutes, by being unfit or incompetent to practice pharmacy by reason of
habitual intoxication and/or the misuse or abuse of any medicinal drug appearing in any schedule
set forth in Chapter 893.
COUNT II
8. Petitioner realleges and reincorporates the foregoing factual allegations as if fully
stated herein.
9. Based on the forgoing, Respondent is subject to discipline for violating Section
465.016(1)(m), Florida Statutes, by being unable to practice pharmacy with reasonable skill and
safety by reason of illness, use of drugs, narcotics, chemicals, or any other type of material or as
a result of any mental or physical condition.
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- COUNSEL FOR PETITIONER:
WHEREFORE, Petitioner respectfully Fequests the Board of Pharmacy enter an order
imposing one or more of the following penalties: revocation or suspension of the Respopdent’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 _| 2 fhday of AVR AA __, 1999.
Robert G. Brooks,
Chief Attorney
Agency for Health Care Administration
Carolyn Taylor, Attomey
Agency for Health Care Administration ; .
Allied Health
P.O. Box 14229
Tallahassee, FL 32317-4229
(850) 487-9690
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-- PCP: Wood and Stamitoles Fi LE D
DATE: December 15, 1998 DEPARTMENT OF HEALTH
EPUTY CER
CLERKs
pate_“D< (G- 99 (Gr Dim
Docket for Case No: 01-003074PL
Issue Date |
Proceedings |
Jan. 17, 2002 |
Notice of Change of Address (filed by G. Indest via facsimile).
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Nov. 16, 2001 |
Order Closing File issued. CASE CLOSED.
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Nov. 15, 2001 |
Status Report/Motion to Close (filed by Petitioner via facsimile). |
Oct. 15, 2001 |
Order Granting Continuance issued (parties to advise status by November 15, 2001).
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Oct. 05, 2001 |
Joint Motion to Hold Case in Abeyance (filed by Petitioner via facsimile).
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Oct. 05, 2001 |
Order issued (Respondent`s Motion to Strike Petitioner`s Unilateral Prehearing Stipulation is denied, Respondent`s Motion for Continuance and Enlargement of Time is denied)
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Oct. 04, 2001 |
Motion Quash (filed by Petitioner via facsimile).
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Oct. 03, 2001 |
Respondent`s Motion in Limine filed.
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Oct. 03, 2001 |
Respondent Kenneth Loomis` Opposition to Petitioner`s Motion for Protective Order, Etc. (filed via facsimile).
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Oct. 03, 2001 |
Respondent Kenneth Loomis` Notice of Cancellation of Deposition of Dr. David Myers (filed via facsimile).
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Oct. 02, 2001 |
Respondent`s Exhibit B (Respondent Kenneth Loomis` Amended Notice of Video Deposition Duces Tecum of David Myers, M.D. (filed via facsimile).
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Oct. 02, 2001 |
Petitioner`s Motion for Protective Order Motion to Strike, and Motion for Attorney`s Fees and Costs (filed via facsimile).
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Oct. 01, 2001 |
Respondent Kenneth Loomis` Amended Notice of Video Deposition Duces Tecum, D. Meyers (filed via facsimile).
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Oct. 01, 2001 |
Respondent Kenneth Loomis` Amended and Supplemental Answers to Petitioner`s First Request for Production (filed via facsimile).
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Oct. 01, 2001 |
Order Granting Motion for Protective Order and Rescheduling Deposition of Frank G. Martin issued.
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Oct. 01, 2001 |
Second Amended Notice of Taking Deposition Duces Tecum, F. Martin (filed via facsimile).
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Oct. 01, 2001 |
Respondent Kenneth M. Loomis` Answers to Request for Admissions (filed via facsimile).
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Oct. 01, 2001 |
Respondent Kenneth M. Loomis` Supplemental Motion for a Protective Order/Motion to Quash Deposition (filed via facsimile).
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Oct. 01, 2001 |
Respondent Kenneth Loomis` Notice of Video Deposition Duces Tecum, D. Meyers (filed via facsimile).
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Oct. 01, 2001 |
Respondent`s Motion for More Definite Statement (filed via facsimile).
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Sep. 28, 2001 |
Respondent Kenneth Loomis` Opposition to Plaintiff`s Motion to Amend and Serve Complaint filed.
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Sep. 28, 2001 |
Amended Notice of Taking Deposition Duces Tecum, F. Martin (filed via facsimile).
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Sep. 28, 2001 |
Respondent Kenneth Loomis` Motion for Rehearing, Alternative Motion for Continuance and Enlargement of Time and Alternative Motion for a More Definite Statement filed.
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Sep. 28, 2001 |
Unilateral Prehearing Stipulation (filed by Petitioner via facsimile).
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Sep. 28, 2001 |
Respondent Kenneth M. Loomis` Motion to Strike Petitioner`s Premature "Unilateral Pre-Hearing Stipulation" and Motion to Compel Compliance With ALJ`s Order (filed via facsimile).
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Sep. 28, 2001 |
Respondent Kenneth M. Loomis` Motion for a Protective Order (filed via facsimile).
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Sep. 27, 2001 |
Notice of Taking Deposition Duces Tecum, F. Martin (filed via facsimile).
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Sep. 27, 2001 |
Unilateral Prehearing Stipulation (filed by Petitioner via facsimile).
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Sep. 27, 2001 |
Order issued (Petitioner`s Motion to Amend and Serve Complaint is granted, Petitioner`s Motion to Compel is moot and is therefore denied, Respondent`s Motion for Summary Disposition and Alternative Motion to Strike are denied).
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Sep. 26, 2001 |
Respondent Kenneth Loomis` Opposition to Plaintiff`s Motion to Amend and Serve Complaint (filed via facsimile).
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Sep. 26, 2001 |
Respondent Kenneth Loomis` Answers to Petitioner`s First Request for Production (filed via facsimile).
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Sep. 24, 2001 |
Motion for Summary Recommended Order, Motion to Strike Sham Pleading, Motion for Judgment on the Pleadings, Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
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Sep. 24, 2001 |
Petitioner`s Reply to Motion for Summary Disposition (filed via facsimile).
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Sep. 21, 2001 |
Motion to Amend and Serve Complaint (filed by Petitioner via facsimile).
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Sep. 20, 2001 |
Petitioner`s Motion to Compel (filed via facsimile)
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Sep. 17, 2001 |
Respondent`s Motion for Summary Disposition and Alternative Motion to Strike filed.
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Sep. 14, 2001 |
Motion to Amend and Serve Complaint (filed by Petitioner via facsimile).
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Sep. 07, 2001 |
Respondent Kenneth M. Loomis` Notice of Service of Expert Interrogatories to Petitioner (filed via facsimile).
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Sep. 07, 2001 |
Respondent Kenneth M. Loomis` Notice of Service of First Interrogatories to Petitioner (filed via facsimile).
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Sep. 07, 2001 |
Respondent Kenneth Loomis` First Request for Production (filed via facsimile).
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Aug. 30, 2001 |
Notice of Filing Petitioner`s Requests for Interrogatories and Admissions filed.
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Aug. 14, 2001 |
Notice of Hearing by Video Teleconference issued (video hearing set for October 12, 2001; 9:00 a.m.; Orlando and Tallahassee, FL).
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Aug. 14, 2001 |
Order of Pre-hearing Instructions issued.
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Aug. 10, 2001 |
Respondent Kenneth Loomis` Compliance With Initial Order (filed via facsimile).
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Aug. 08, 2001 |
Notice of Filing Petitioner`s Request for Production filed.
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Aug. 03, 2001 |
Initial Order issued.
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Aug. 02, 2001 |
Respondent Kenneth Loomis` Petition for Formal Hearing filed.
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Aug. 02, 2001 |
Administrative Complaint filed.
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Aug. 02, 2001 |
Agency referral filed.
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