om STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH Petitioner, vs. . Case No. 2001-04907 FRANK LoPRESTI, RPh. Respondent. ADMINISTRATIVE COMPLAINT Department of Health, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Pharmacy against FRANK LoPRESTI, R.Ph., 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 consulting pharmacist in the State of Florida, having been issued license number PU en ce eppenies ne 2658. Respondent’s last known address is: 6233 NW 50" Street, Coral Springs, Florida 33067. 3. On or about April 12, 2001, the Respondent was a licensed consulting pharmacist employed by an Assisted Living Facility with a licensed Class I Institutional Pharmacy Permit, MANOR PINES CONVALESCENT CENTER. This facility is located at 1701 NE 26" Street, in Ft. Lauderdale, Florida. 4. Respondent, while employed by the aforementioned pharmacy, was responsible for pharmacy operations. 5. During the routine field inspection conducted at this pharmacy, the inspector duly noted that there were documented errors involving directions in Medical Administration Records; and medication labels were wrong; both of these were errors found in previous inspections. Emergency Medication Kits had no expiration dates listed for medications and there were medications in these boxes which had not been approved for inclusion in the EMK. Some medications had been removed from the EMK, but had not been replaced as required by the Policies and Procedures Manual of the facility. Expired and outdated pharmaceuticals were found on the medication carts. 6. Based on the fore going, Respondent’s license to practice pharmacy in the State of Florida is subject to discipline pursuant to Section 465.016(1)(n) Florida Statutes, to wit: being in violation of Board of Pharmacy Rules. a. Rule 64B16-28.502(1)(d), Fla. Admin. Code, the label affixed to a container used in conventional dispensing to a Class I Institutional permit which within the scope of its practice, services only the inpatients of a nursing home, shall contain at least the following information: (d) the date of the original filling or the refill date. b. Rule 64B16-28.110, Fla. Admin. Code, outdated pharmaceuticals must be removed from active stock; c. Rule 59A-4.112(10), Fla. Admin. Code, a facility shall maintain an ’ Emergency Kit, the contents of which shall be replaced, if used. 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 attomey time), issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. SIGNED this (Way of _{ f yun , 2001. Robert G. Brooks, M.D. Secretary, Department of Health Fl LED BY: Nancy M. Snurkowski, Chief Attorney DEPARTMENT OF HEALTH Agency for Health Care Administration PUTY CLEBK Office of General Counsel-MQA - kena hora Practitioner Regulation-Legal DATE G-24-O\ We \ {COUNSEL FOR PETITIONER: \) (Michael E. Duclos J 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. PU2001-04907 (LoPresti) PCP: M PCP Aft Gu 0 | oot,

Docket for Case No: 01-003863PL