STATE OF FLORIDA cee om ge DEPARTMENT OF HEALTH as) 03 JUN 19 ART: 35 DEPARTMENT OF HEALTH, ves PETITIONER, v. CASE NO. 2002-27120 > -92¥DPC STEPHEN FRIEDLAND, R.PH., RESPONDENT. EE ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through undersigned counsel, files this Administrative Complaint before the Board of Pharmacy against Respondent, STEPHEN FRIEDLAND, R.PH., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of Pharmacy pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 465, Florida Statutes. 2. At all times material to this complaint, Respondent was a licensed Pharmacist within the state of Florida having been issued license number PS 24841. 3. Respondent's address of record is 1635 S.W. Silverpine Way, #C2, Palm City, Florida 34990. Factual Allegations 4. The Professional Resource Network ("PRN") (formerly known as Physician's Recovery Network) is the impaired practitioners program for the Board of Pharmacy, pursuant to Section 456.076, Florida Statutes. PRN is an independent program that monitors the evaluation, care and treatment of impaired healthcare professionals. 5. PRN oversees random drug screens and provides for the exchange of information between the treatment providers, PRN and the Department, for the protection of the public. 6. Raymond M. Pomm, M.D., is the Medical Director of PRN and is charged with responsibility for the oversight of the program and documentation of compliance and noncompliance with PRN monitoring contracts 7. In or about November 1994, Respondent established a monitoring contract with PRN following his completion of treatment at the Alternatives in Treatment (‘Alternatives’) program, a Board approved treatment provider. 8. On or about March 19, 1998, Respondent underwent a routine urine drug screen under the direction of PRN and tested positive for Darvocet. As a result of this positive drug screen, PRN referred Respondent to Alternatives for further treatment. 9. Darvocet is a Schedule IV controlled substance under Chapter 893, Florida Statutes that contains propoxyphene, a mild narcotic analgesic that is structurally related to methadone. Abuse of a Schedule IV substance may lead to moderate or high physical dependence or high psychological dependence. 40. In or about May 1998, Respondent again successfully completed treatment at Alternatives and established his second monitoring contract with PRN. 41. In or about November 1999, Respondent provided a urine sample for testing that tested positive for propoxyphene, a component of Darovcet. 42. . On or about December 6, 1999, PRN referred Respondent to anthony Albanese, M.D., a Board-approved evaluator, for a second evaluation. Dr. Albanese opined that Respondent suffered from opiate abuse and opiate dependence with relapse. 13. In or about December 1999, Respondent established his third monitoring contract with PRN. 14. On or about December 31, 2000, Respondent experienced a chemical relapse and was admitted into Savannahs Hospital and Treatment Center (“Savannahs”), Port St. Lucie, Florida, pursuant to the Marchman Act. The Marchman Act provides for the involuntary assessment and stabilization of a person who is abusing substances such as drugs or alcohol. 15. While at Savannahs, Respondent. was diagnosed with opiate dependence and dysthymic disorder (chronic disturbance of mood characterized by periods of depression). 16. On or about January 9, 2001, Respondent was admitted to the Hanley- Hazelden Center for follow-up treatment of his illness of opiate dependence. 17. Inor about February 2001, Respondent was discharged from the Hanley- Hazelden Center with a diagnosis of opiate dependence and sedative hypnotic dependence, whereupon he established his fourth PRN monitoring contract. 18. In or about September 2001, Respondent was arrested for “Driving While Under the Influence” (“DUI”). Additionally, PRN received several credible reports indicating that Respondent had resumed his abuse of opiates. 19.. As a result of these reports, in or about October 2001, PRN referred Respondent to David Myers, M.D., a Board-approved evaluator, for further evaluation. 20. At the end of this evaluation, Dr. Myers gave Respondent a diagnosis of “rule-out relapse into chemical dependence” and recommended that Respondent undergo an inpatient evaluation of at least one week’s duration. 21. In or about November 2001, PRN referred Respondent to the Healthcare Connection (“Healthcare”), a Board-approved treatment provider, for a seven-day evaluation. 22. While at Healthcare, Respondent was examined by a team of two psychiatrists and one psychologist; their combined diagnosis for Respondent was opiate dependence in relapse and major depression. The team of evaluators recommended that Respondent enter residential treatment for several months, receive individual psychotherapy, participate in a twelve-step program, and continue to take part in PRN. 23. In or about December 2001, Respondent was admitted to Pine Grove Next Step (“Step”), an extension of ‘Forrest General Hospital, to undergo residential treatment. However, on or about January 24, 2002, Respondent was therapeutically discharged from Step. 24. In or about February 2002, Respondent established his fifth monitoring contract with PRN. - 25. In April 2002, Respondent notified PRN that he had accidentally ingested hydrocodone, a schedule II controlled substance listed in Chapter 893, Florida Statutes, which is indicated for the relief of moderate to moderately severe pain. Despite his admitted use of this drug, a subsequent drug screen and evaluation of Respondent failed to produce any evidence that he had relapsed into chemical dependence. 26. On or about May 29, 2002, Respondent submitted a urine drug screen to PRN that was positive for hydromorphone, a schedule II controlled substance listed in Chapter 893, Florida Statutes, which is indicated for the relief of moderate to severe pain. 27. Due to this relapse, PRN again referred Respondent to Dr. Myers for evaluation. Dr. Myers agreed to see Respondent on june 21, 2002; Respondent subsequently rescheduled this evaluation for July 5, 2002, but failed to appear for the evaluation. 28. After a great deal of insistence by PRN, Respondent scheduled another ~ evaluation with Dr. Myers for September 30, 2002; Respondent failed to attend this evaluation also. 29. On or about January 27, 2003, a Department investigator personally served Respondent with a Department order compelling him to undergo a mental examination on February 18, 2003, by John Eustace, M.D., a Board-approved evaluator. 30. Respondent failed to appear for his evaluation with Dr. Eustace on February 18, 2003. Respondent later contacted Dr. Eustace and explained that he was unable to attend the evaluation due to illness. | 31. Onor about March 3, 2003, the Department filed a Petition for Enforcement of Department Order (“Petition”) against Respondent in the Martin County Circuit Court, pursuant to Section 456.072(1)(y), Florida Statutes. The Martin County Sheriff's Office was unable.to find Respondent to properly serve him with a copy of the Petition. Asa result, the Department's circuit court action against Respondent could not proceed. 32. Onor about March 5, 2003, Respondent rescheduled his evaluation with Dr. Eustace for March 19, 2003. On March 19, 2003, Respondent failed to appear for his evaluation. 33. Since March 19, 2003, the Department has made several unsuccessful attempts to contact Respondent. COUNT ONE 34, Petitioner realleges and incorporates paragraphs one (1) through thirty- three (33) as if fully set forth herein. 35. Section 465.016(1)(d), Florida Statutes, subjects a pharmacist to - discipline, including suspension, for being unfit or incompetent to practice pharmacy by reason of: habitual intoxication; the misuse or abuse of any medicinal drug appearing in any schedule set forth in Chapter 893; or any abnormal physical or mental condition which threatens the safety of persons to whom she or he might sell or dispense prescriptions, drugs, or medical supplies or for whom she or he might manufacture, prepare, or package, or supervise the manufacturing, preparation, or packaging of, prescriptions, drugs, or medical supplies. 36. As set forth above, Respondent has been diagnosed on several occasions and by several Board-approved treatment providers as having a chemical dependency, he has exhibited a long history of drug abuse, treatment, and relapse, and has failed to cooperate with PRN. 37, Based on the foregoing, Respondent has violated Section 465.016(1)(d), Florida Statutes, by for being unfit or incompetent to practice pharmacy by reason of: habitual intoxication; the misuse or abuse of any medicinal drug appearing in any schedule set forth in Chapter 893; or any abnormal physical or mental condition which threatens the safety of persons to whom he might sell or dispense prescriptions, drugs, or medical supplies or for whom he might manufacture, prepare, OF package, or supervise the manufacturing, preparation, or packaging of, prescriptions, drugs, or medical supplies. COUNT TWO 38. Petitioner realleges and incorporates paragraphs one (1) through thirty- three (33) as if fully set forth in this count. 39, Section 465.016(1)(m), Florida Statutes, subjects a pharmacist to discipline, including suspension, for 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. 40. As set forth above, Respondent has been diagnosed on several occasions and by several Board-approved treatment providers as having a chemical dependency; has exhibited a long history of drug abuse, treatment, and relapse; and has failed to cooperate with PRN. 41. Based on the foregoing, Respondent has violated 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. 7 COUNT THREE 42, Petitioner realleges and incorporates paragraphs one (1) through thirty- three (33) as if fully set forth in this count. 43. Section 456.072(1)(y), Florida Statutes, subjects a pharmacist to discipline, including suspension, for being unable to practice with reasonable skill and safety to patients by reason of iliness, use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. 44, As set forth above, Respondent has been diagnosed on several occasions and by several Board-approved treatment providers as having a chemical dependency; has exhibited a long history of drug abuse, treatment, and relapse; and has failed to cooperate with PRN. 45. Based on the foregoing, Respondent has violated Section 456.072(1)(y), Florida Statutes, by being unable to practice with reasonable skill and safety by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. WHEREFORE, the Petitioner respectfully requests that the Board of Pharmacy enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of. an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this__<_ day of PY cee 2003. a JohiO. Agwunobi, M.D., M.B.A. Secretary, Department of Health © Lyane A. Quimby-Pennock Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0394572 (850) 414.8126 (850) 488.1991 FAX /LAQP Reviewed and approved by: DAIL (initials) ¥/23 fa>(date) PCP: 30 3 PCP Members: ~Vyakon4 + Meta STEPHEN FRIEDLAND, R.PH., CASE NO. 2002-27120 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57, Florida: Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed.

Docket for Case No: 03-002282PL