rrevmisunessse aS EIEN 2 ee ee STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH Petitioner, vs. Case No. 2000-14171 J. MARK WINGER, R.Ph., Respondent. / ADMINISTRATIVE COMPLAINT INE Department of Health, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Pharmacy against J J. MARK WINGER, R-Ph., hereinafter referred to as “Respondent,” and alleges: : 1 Petitioner i is the state agency charged with regulating the practice of Pharmacy pursuant to Section 20. 43, Chapter 456 (formally Chapter . 455, Part II; see Chapter 2000- 160, Laws of Florida), and Chapter 465, Florida Statutes. Pursuant to the authority of Section 20.43(3)(g), Florida Statutes, Petitioner has contracted with the Agency for Health Care Administration to provide consumer complaint, investigative and prosecutorial services 8 required by the Division of Medical Quality Assurance, councils, or boards. _ 2. Respondent is, and has “been at all time material hereto, a licensed pharmacist in the State of Florida; having been issued license number PS 15282. ~ - Respondents last known address is is 566 NE Spanish Trail, Boca Raton, F Florida 33432 Sie ere see oe eee ope nae Ime PRESSOR SESS tt tp SRS ee rr 3. On. or about June 9, 2000, while the Respondent was a licensed pharmacist, he owned and operated the Colonial Pharmacy, address: 1960 Floranada Road, located in, Oakland Park, Florida. 4. Respondent, was arrested on June 9, 2000, and charged with possession of cocaine, marijuana and unidentified narcotics, 5. Respondent pharmacist entered the Pretrial Intervention Program which | included the signing of a Deferred Prosecution Agreement, wherein he signed a voluntary admission of guilt. 6. Based on the foregoing, Respondent’s license to practice pharmacy in the State of Florida is subject to discipline pursuant to Section 465. 016(1)(e) Florida Statutes, to wit: Section 465. 016( 1)(4)(2) Florida Statutes, by being unfit or incompetent to - practice pharmacy by reason of the misuse or abuse of any medicinal drug appearing in any schedule set forth in Chapter 893. WHEREFORE, Petitioner respectfully requests the Board of Pharmacy to enter an order i imposing one or more of the following penalties: evocation o or F Suspensio Fy feo { . fe this case (including, but not limited to costs associated with attorney time), issuance of a Teprimand, placement of the Respondent on probation, and/or any other relief that the ‘ Board deems appropriate. . a : | _ -.. "Robert G7Brooks, M.D. Ng - Secretary, Department of Health © BY’ | istration | Office of General Counsel-MQA Practitioner Regulation-Le gal ; UNSEL FOR PETITIONER: i | Michael E. Duclos Senior Attorney Fla. Bar No: 274046 Agency for Health Care Administration General Counsel-MQA . Fl LE D Practitioner Regulation-Legal MEALTH P.O. Box 14229 DEPARTMENS OF HEAL DEPUTY CLER Tallahassee, Florida 3231 7-4229 : Telephone: (850) 487-9670 . CLERK ibs . DATE. (ejay _ Case No, PS2000-14171 (Winger) . j rer: Nt RD PCP Date: tol iol ol Foner ere pep ope le

Docket for Case No: 01-003075PL