(é: ie STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH Petitioner, . vs. ; : Case No. 2000-15884 PET MED EXPRESS, Respondent. / . ADMINISTRATIVE COMPLAINT Department of Health, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Pharmacy against PET MED EXPRESS, hereinafter referred to as “Respondent,” and alleges: 1. Petitioner 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 required by the Division of Medical Quality Assurance, councils, or boards. 2. Respondent is, and has been at all time material hereto, a licensed pharmacy in the State of Florida, having been issued license number PH2205. Respondent’s last known address is 1441 SW 29" Avenue, Pompano Beach, Florida 33069. eo te 3. On or about October 17, 2000, this pharmacy filled a prescription for Heartgard Plus Blue without a valid prescription. 4. PET MED EXPRESS is an online prescription service, relying on a Doctor of Veterinary Medicine, Dr. Terrell, to write prescriptions. Dr. Terrell is NOT the treating veterinarian for the animals in question. Dr. Terrell lives in another state, and has neither examined the animals nor reviewed the medical records pertaining to those animals for which he is prescribing medication. . 8. Based on the foregoing, Respondent’s license to practice pharmacy in the State of Florida is subject to discipline pursuant to Sections 465.023(1)(c), Florida "Statutes, by violating a rule of the board or department; 465.015(2)(c), Florida Statutes, to wit: to sell or dispense drugs as defined in s. 465.003(8) without first being furnished with a prescription; and 456.072(1)(m), Florida Statutes, by making deceptive, untrue or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession. WHEREFORE, Petitioner respectfully requests the Board of Pharmacy to enter an order imposing one or more of the following penalties: revocation or suspension of the . Respondent’s license, restriction of the Respondent’s practice, imposition of an administrative fine and assessment of costs related to investigation and prosecution of this case (including, but not limited to costs associated with attorney time), issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. —_srGNED wi QYSIO aay of Pirrred eee _, 2094, ve 2 aM aE ie 2 Robert G. Brooks, M.D. ” Nancy M. Snurkowski, Chlef Attorney Secretary, Department of Health Agency for Health Care Administration Office of General Counsel-MQA Practitioner Regulation-Legal COUNSEL FOR RETITIONER: Michael E. Duclos| f. Senior Attorney Fla. Bar No: 274046 Agency for Health Care Administration General Counsel-MQA Practitioner Regulation-Legal P.O. Box 14229 Tallahassee, Florida 32317-4229 Telephone: (850) 487-9670 Case No. PH2000-15884 (PetMedExpress) PCP: LIU | RP PCP Date: ni | (SID } FILED DEPARTMENT OF HEALT?. DEPUTY CLERK CLERK Yahi. Keven DATE 27

Docket for Case No: 01-003760