Dec 11 2008 9:50 12/11/2888 89:27 858-413-8743 DOH/GENERAL COUNSEL PAGE 83/87 FILED STATE OF FLORIDA DEPARTMENT ie HEALTH DEP DEPARTMENT OF HEALTH oy. DEON ok . N DEPARTMENT OF HEALTH, pate} 20 OF PETITIONER, v. CASE NO. 2007-14712 RICKY 5. NIELSEN, RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, and files this Administrative Complaint against Rick S. Nielsen and in support thereof alleges: 1. Petitioner is the state department charged with regulating Drugs, Devices, and Cosmetics pursuant to Section 20.43, Florida Statutes (2007) and Chapter 499, Florida Statutes (2007). 2, At all times material to this Complaint, Respondent was a permitted Certified Designated Representative within the state of Florida, having been issued permit number 88:10810, 3. Respondent's address of record is 7904 West Drive, #1017, North Bay Village, FL 33141. 4, Respondent's address of record is a residence. 5. On or about October 13, 2006, Respondent’s employers order 20 vials of flu vaccine, 6. On or about October 16, 2006, Respondent received 20 vials of flu vaccine at 7904 West Drive, #1017, North Bay Village, Fl 33141, a residence. 7. Respondent is not authorized to receive drugs at a place of residence. 12/11/2888 89:27 Dec 11 2008 9:50 8. Section 499.006(10), Florida Statutes, provides that a drug or device is adulterated if it is a legend drug for which the required pedigree paper is nonexistent, fraudulent, or incomplete under the requirements of ss. 499.00i- 499.081 or applicable rules, or that has been purchased, held, sold, or distributed at any time by a person not authorized under federal or state law to do so. COUNT ONE 9. Petitioner realleges and incorporates: paragraphs one (1) through seven (7) as if fully set forth herein. 10, Section 499,.005(1), Florida Statutes, provides that it ‘is unlawful for a person to perform or cause the performance of any of the following acts in this state (1) The manufacture, repackaging, sale, delivery, or holding or offering for sale of any drug, device, or cosmetic that is adulterated or misbranded or has otherwise been rendered unfit for human or animal use. 11. On or about October 16, 2006, Responderit held an adulterated drug. 12. Based on the foregoing, Respondent has violated Section 499.005(4), Florida Statutes, by holding an adulterated drug. COUNT TWO 13. Petitioner realleges and incorporates paragraphs one (1) through seven (7) as if fully set forth herein. . 14. ‘Section 499.005(2), Florida Statutes, provides that it is unlawful for a person to perform or cause the performance of any of the following acts in this state (2) The adulteration or misbranding of any drug, device, or cosmetic. 15. Onor about October 16, 2006, Respondent received a drug at his place of residence, 858-413-8743 DOH/GENERAL COUNSEL PAGE ad/ay Dec 11 2008 9:31 12/11/2888 89:27 858-413-8743 DOH/GENERAL COUNSEL PAGE 85/87 16. By receiving a drug at his place of residence Respondent has adulterated that drug. 17. Based on the foregoing, Respondent has violated Section 499.005(2), Florida Statutes, by adulterated a drug. WHEREFORE, Petitioner respectfully requests an order imposing the following penalty: @ monetary penalty of no less than $5,000.00, permanent revocation of Respondent's permit, or any other relief deemed appropriate. i SIGNED this _/ 7 dayof_—§-« Merim4., , 2008, Ana M, Viamonte Ros, M.D., M.P.H. State Surgeon General ALAA Jennifér L. Condai- Assistant General Counsel Ricky S. Nielsen, DOH Case No. 2006-14712 a

Docket for Case No: 08-006192PL