SEP-17-2888 18:14 Sep 1? 2008 10:13 P.@3 STATE OF FLORIDA 4 DEPARTMENT OF HEALTH oO oo DEPARTMENT OF HEALTH, 3 a Petitioner, vs. CASE NO. 2005-53776 i DAVID L. BRENNAN, R.Ph., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through undersigned counsel, files this Administrative Complaint before the Board of 1. Pharmacy against Respondent, David L. Brennan, R.Ph., and alleges: mene e Petitioner is the state department charged with regulating the practice of pharmacy pursuant to Section 20.43, Florida Statutes; Chapters 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 32515. 3. Respondent's address of record is 704 Glenwood Terrace, Tarpon Springs, Florida 33701. 2:\PSU\Allled Heatth\Pharmacy\Cecllie\AC- Brennan, David 2005-53776.doc Board of Pharmacy to dispense medications to residents of t Sep 1? 2008 10:13 SEP-17-2088 18:15 P.a4 4. — At all times material to this compliant, Respondent was the prescription department manager (PDM) of record for Bi-Wise Drugs, Inc. (Bi-Wise) 5. Onor about January 12, 2005, Bi-Wise shipped or mailed a prescription for hydrocodone to patient BK at an address in Cordova, Tennessee. 6. On or about April 12, 2005, Bi-Wise shipped or mailed a prescription for hydrocodone to patient JH at an address in Cordova, Tennessee. 7. In January 2005, Bi-Wise was not licensed by the Tennessee Board of Pharmacy to dispense medications to residents of Tennessee. aA MTENTITY RTs SP anor nt i ss sales Tennessee, 9. The state of Tennessee requires pharmacies that ship, mail, deliver, dispense, and/or provide prescription drugs and/or devices to state residents be licensed by the Tennessee Board of Pharmacy. JAPSUVllied Health\Pharmacy\Ceciila\Ac- Brennan, David 2005-53776.doc 2 Sep 1? 2008 10:13 SEP-17-2088 18:15 P.@S 10. On or about April 7, 2005, the Tennessee Board of Pharmacy issued a cease and desist letter to Bi-Wise. 11. Section 465.016(1)(r), Florida Statutes (2004), provides that violating any provision of Chapter 465, Florida Statutes, or Chapter 456, Florida Statutes, or any rules adapted pursuant thereto . constitutes grounds for disciplinary action by the Board of Pharmacy. - 12, Section 456.072(1)(k), Florida Statutes (2004), provides that failing to perform any statutory or legal obligation placed upon a licensee constitutes grounds for disciplinary action by the Board of Pharmacy. 13. Based on his status as prescription department manager, Respondent failed to perform a legal obligation by ensuring that Bi- responsible for regulating the practice of pharmacy in Tennessee prior to shipping, mailing, delivering, dispensing, and/or providing prescription drugs and/or devices to Tennessee residents, 14, Based upon the foregoing, Respondent has violated Section 465.016(1)(r), Florida Statutes (2004), by violating any provision of Chapter 456, Florida Statutes, through a violation of , T\PSUVllied Health\Pharmacy\Cecilie\AC- Brennan, David 2005-53776.doc 3 Sep 1? 2008 10:14 SEP-17-2088 18:15 P.@6 Section 456.072(1)(k), Florida Statutes (2004), by failing to perform any Statutory or legal obligation imposed upon a licensee. 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. SIGNED this ld- day of. Lurenlur , 2005. M. Rony Francois, M.D., M.S.P.H., Ph.D. Secretary, Department of Health 7 ; , ; : ant: 5: = = — = = ie yi as ie = — = = . hie DEPUTY GLERK Assistant General Counsel Aug Mel DOH Prosecution Services Unit DATE - pt 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 _ Florida Bar No. 0250340 (850) 245-4154 (850) 245-4681 FAX PCP: 1/21 /os PCP Members: Powers v Mare, J\PSU\Vallied Health\Pharmacy\Cedille\AC- Brennan, David 2005-53776.doc 4 Sep 1? 2008 10:14 SEP-17-2088 18:15 Pa? 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. J:A\PSU\Allied Health\Pharmacy\Cedile\AC- Brennan, David 2005-53776.doc 5

Docket for Case No: 08-004543PL