STATE OF FLORIDA “ DEPARTMENT OF HEALTH : DEPARTMENT OF HEALTH, PETITIONER, v. . CASE NO. 2003-15086 ARLENE VERIZZO, R.PH., ~ RESPONDENT. ADMINIST RATIVE COMPLAINT Petitioner, Department of Health, by and through undersigned counsel, files this Administrative. Complaint before the Board of Pharmacy against Respondent, Arlene Verizzo, R.PH., and in support thereof alleges: 4. 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 14994. | 3, Respondent's address of record is 3711 75 Terrace East, Sarasota, Florida 34233. a, . = 4. On or about September 27, 2001, the State Attorney for Manatee County, Florida, (‘State Attorney”) filed an Information against Respondent in circuit court case number 2001-CF-1506 (‘Information’) charging her with one count of Obtaining Controlled Substance by Fraud, a violation of Section 893.13(7)(a)9 Florida Statutes, a third degree felony. The Information alleged Respondent did unlawfully and feloniously acquire or obtain or attempt to acquire or obtain possession of controlled substances, including Alpraeolam (sic) Xanax, Vicodin and/or Diazapam (sic), by misrepresentation, fraud, forgery, deception, or subterfuge. 5. On or about September 10, 2002, Respondent entered a plea of guilty in case number 2001-CF-1506 to one felony count of obtaining, or attempting to obtain, possession of controlled substances by misrepresentation, fraud, forgery, deception, or subterfuge in violation of Section 893.13(7)(@)9, Florida Statutes. 6. On October 25, 2002, an Order Withholding Adjudication and Order on Probation (‘Order’) was filed in case number 2001-CF-1506, in the Circuit Court of Manatee County, Florida. By its terms, the Order withheld adjudication of guilt and placed Respondent on probation for a period of twenty-four months under the supervision of the Department of Corrections. sm = C ‘a . 2. In or about September 2002, Respondent pleaded guilty to one felony count of obtaining, or attempting ‘to obtain, possession of controlled substances by misrepresentation, fraud, forgery, deception, or subterfuge. In committing her crime, Respondent utilized her status as a licensed pharmacist in order to unlawfully obtain, or attempt to unlawfully obtain, possession of controlled substances from the pharmacy where she was employed. Section 893.04, Florida Statutes, states that a pharmacist, in good faith and in the course of professional practice only, may dispense controlled substances upon a written or oral prescription of a practitioner. - g. By using her position as a pharmacist to commit the crime of obtaining or attempting to obtain controlled substances by misrepresentation, fraud, forgery, deception, or subterfuge, the crime to which Respondent entered a plea of guilty relates to the practice of, or to the ability to practice, pharmacy. 9. Respondent's plea of guilty to one felony count of obtaining, or attempting to obtain, possession of controlled substances by misrepresentation, fraud, forgery, deception, or subterfuge in violation of Section 893.13(7)(a)9, Florida Statutes, constitutes a conviction of a crime that directly relates to the practice or the ability to practice pharmacy. COUNT I 10. Petitioner realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. 11. Section 921.0021(2), Florida Statutes, defines “conviction” as: *g determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld.” 12. Section 465.016(1)(f), Florida Statutes (2002), provides that being convicted or found guilty of, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice pharmacy constitutes grounds for disciplinary action. ) 13. Based on the foregoing, Respondent has violated Section 465.016(1)(f), Florida Statutes (2002), by having been convicted or found fi guilty, regardless of adjudication, in a court of this state, by entering a plea . of guilty to. a crime which relates to the practice of, or the ability to practice, pharmacy. COUNT It 14. Petitioner realleges and_ incorporates paragraphs one (1) through nine (9) as if fully set forth in this count. 15. Section 456.072(1)(c), Florida Statutes (2002), states that being convicted or found guilty of, or entering a plea of guilty or nolo 4 ( f— contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee's profession constitutes grounds for which disciplinary action may be taken. 16. By entering a plea of guilty to a one count violation of Chapter 893, Florida Statutes, even though adjudication was withheld, Respondent violated Section 456.072(1)(c), Florida Statutes. 17. Respondent is licensed pursuant to Chapter 465, Florida Statutes, and is a licensee as defined in Section 456.001(6), Florida Statutes. | 18. Based on the foregoing, Respondent has violated Section 456.072(1)(c), Florida Statutes, by entering a plea of guilty, regardless of adjudication, to a crime that relates to the practice of, or the ability to practice a licensee’s profession. WHEREFORE, 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 Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. “Sg ay / f SIGNED this _224% day of __Cxtshue , 2003. John O. Agwunobi, M.D., M.B.A. Secretary, Department of Health eg Deborah B. Loucks e. § ys Assistant General Counsel DOH Prosecution Services Unit ° 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0169889 (850) 414-8126 (850) 488-1855 FAX bI Reviewed and approved by: Nz (initials) /e)2> /o3 (date) PCP: 10/14/03; 1o/24!0s 3 PCP Members: Poston & Goersch : Arlene Verizzo, R.PH., Case No.: 2003-15086 ig:iz a 22 3390 £0 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. 6

Docket for Case No: 03-004781PL