(19 ICE STATE OF FLORIDA Snooty DEPARTMENT OF HEALTH td 03 AUG 26 PMI2: 3] DEPARTMENT OF HEALTH, . Petitioner, vs. CASE NO. 2003-13012 ADV-CARE PHARMACY, INC., Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Pharmacy against Respondent, Adv-Care Pharmacy, Inc., and in support thereof alleges: i 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 registered as a nonresident pharmacy within the state of Florida, having been issued permit number PH 17987. 3. Respondent’s address of record is 70 Esna Park Drive Unit 11, Markham, Ontario, Canada L3R 6E7. 1 4. On or about July 2, 2001, the Florida Department of Health, Board of Pharmacy (hereinafter, “DOH”), registered Respondent as a Florida nonresident pharmacy. 5. On or about November 27, 2002, DOH renewed Respondent’s registration as a Florida nonresident pharmacy. 6. Section 465.0156, Florida Statutes, sets forth the requirements for registration of nonresident pharmacies. Section 465.0156(1), Florida Statutes (2001), states, in relevant part: Any pharmacy which is located outside this state and which ships, mails, or delivers, in any manner, a dispensed medicinal drug into this state shall be considered a nonresident pharmacy, shall be registered with the board, shall provide pharmacy services at a high level of protection and competence, and shall _ disclose to the board the following specific information: . -. (a) That it maintains at all times a valid, unexpired license, permit, or registration to operate the pharmacy in compliance with the laws of the state in which the dispensing facility is located and from which the medicinal drugs shall be dispensed; and (c) That it complies with all lawful directions and requests for information from the regulatory or licensing agency of all states in which it is licensed as well as with all requests for information made by the board pursuant to this section. It shall respond directly to all communications from the board concerning emergency circumstances arising from errors in the dispensing of medicinal drugs to the residents of this state. ... 2 7. At the time that Respondent was registered as a nonresident pharmacy, Respondent was an accredited pharmacy registered with the Ontario College of Pharmacists, OCP Accreditation Number 038132. Respondent is not registered as a pharmacy by any state, commonwealth or territory in the United States. 8. Black’s Law Dictionary (1979), defines “state” as: The section of territory occupied by one of the United States. One of the component commonwealths or states of the United . States of America. Title 21 United States Code, section 321(a)(1), defines the term “State” as: _ «++ any State or Territory of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. 9. Respondent's dispensing facility is located in Ontario, a Canadian province. 10. The province of Ontario, Canada, is not a state, commonwealth or territory of the United States. 11. DOH registered Respondent as a nonresident pharmacy and renewed the nonresident pharmacy registration in error. Because Respondent is a registered pharmacy in the country of Canada and is not a registered pharmacy in any _ state, commonwealth or territory of the United States, Respondent does not meet the statutory requirements for registration as a nonresident pharmacy in the State of Florida. 12. Section 456.001(3), Florida Statutes (2001), states: “Department” means the Department of Health. Section 456.001(5), Florida Statutes (2001), states: “License” means any permit, registration, certificate, or licensed issued by the department. Section 456.001(6), Florida Statutes (2001), states: “Licensee” means any person or entity issued a permit, registration, certificate, or license by the department. ° Section 456.001(7), Florida Statutes (2001), states: “Profession” means any activity, occupation, profession, or vocation regulated by the department in the Division of Medical Quality Assurance. 13. Because Respondent does not hold a valid, unexpired license, permit, or registration to operate a pharmacy issued by another state, commonwealth or territory in the United States, Respondent fails to meet the statutory requirements for registering as a nonresident pharmacy in the State of Florida. 14. The registration and the renewal of the registration were issued in error by the DOH. 15. On or about April 15, 2003, DOH sent a letter to Respondent advising that Respondent's registration had been issued in error. The letter advised Respondent to voluntarily relinquish its pharmacy license immediately. 16. As of the date of the filing of this Administrative Complaint, Respondent has not voluntarily relinquished its - registration/permit/pharmacy license. COUNT I 17. Petitioner realleges and incorporates paragraphs one (1) through sixteen (16) as if fully set forth herein. / 18. Section 456.072(1)(h), Florida Statutes (2001), states that attempting to obtain, obtaining, or renewing a license to practice a profession by bribery, by fraudulent misrepresentation, or through an error of the department or board constitutes grounds for which disciplinary action may be taken. 19. DOH erred by registering Respondent as a nonresident pharmacy in the State of Florida. 20. DOH erred in renewing Respondent's registration as a nonresident pharmacy in the State of Florida. 21. Based on the foregoing, Respondent has violated Section 456.072(1)(h), Florida Statutes (2001), by obtaining and renewing a license to practice a profession through an error of the board . COUNT II 22. Petitioner realleges and incorporates paragraphs one (1) through sixteen (16) as if fully set forth in this count. 23. Section 465.0156(4), Florida Statutes (2001), states: The board may deny, revoke, or suspend registration of, or fine or reprimand, a nonresident pharmacy for failure to comply with s. 465.025 or with any requirement of this section in accordance with the provisions of this chapter . = ~ 24. Because Respondent's dispensing facility is located in Canada and Respondent does not hold a valid, unexpired permit, registration or certificate to practice pharmacy issued by a state or commonwealth of the United States, Respondent failed to meet the statutory requirements for obtaining registration as a nonresident pharmacy in the State of Florida. 25. Section 465.023(1)(a), Florida Statutes, states that the department or board may revoke or suspend the permit of any 6 pharmacy permittee that obtains a permit by misrepresentation or fraud or through an error of the department or the board. 26. DOH erred by registering Respondent as a nonresident pharmacy in the State of Florida. 27. Based on the foregoing, Respondent has violated Section 465.023(1)(a), Florida Statutes, by obtaining a permit through an error of the department or the board. WHEREFORE, the Petitioner respectfully requests that the . Board of Pharmacy enter an order imposing one or more of the following penalties: revocation of Respondent's permit, imposition of an administrative fine, and/or any other relief that the Board deems appropriate. SIGNED this 2% day of lity 2003. John O. Agwunobi, M.D., M.B.A. Secretary, Department of Health FILE flat il . <2 4 D Deborah B. Loucks Cm Assistant General Counsel a DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0169889 (850) 487-3908 (850) 488-1855 FAX Adv-Care Pharmacy, Inc.; Case Number 2003-13703 Em 7 Reviewed and approved by: jli+«. (initials) : LA 3 (date) PCP Date: 07/22/03 PCP Members: Poston & Goersch Adv-Care Pharmacy, Inc.; Case Number 2003-13703 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: 03-003104

Orders for Case No: 03-003104