Mar 26 2009 11:55 ga/ 26/2889 18:51 858-413-8743 DOH/GENERAL COUNSEL PAGE 83/85 FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Rachel Brooks STATE OF FLORIDA BATE <> ° ("0% DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2008-19542 CYM MEDICAL SUPPLIES, INC., RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, and files this Administrative Complaint against Respondent, CYM Medical Supplies, Inc., 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 (2008) and Chapter 499, Florida Statutes (2008). 2. At all times material to this Complaint, Respondent was a permitted Medical Oxygen Retailer within the state of Florida, having been issued permit number 32: 6591. 3. Respondent's address of record is 6595 NW 36 Street, Suite 213 Virginia Gardens, FL 33166. 4. On or about May 6, 2008, Petitioner’s agent attempted to inspect Respondent’s permitted premises and found that Respondent was no longer at the permitted address. 5, On or about August 20, 2008, Petitioner’s agent attempted to inspect Respondent's permitted premises and found that Respondent was no longer at the permitted address. 6 Respondent's permit expires on July 31, 2009. aa/ 26/2889 1 8:51 858-413-8743 Mar 26 2009 11:55 DOH/GENERAL COUNSEL PAGE @4/@5 7. Respondent failed to notify Petitioner of its closure and failed to retum the permit as required, 8. Section 499,012(6)(c), Florida Statutes (2008), requires that if an establishment permitted under 499.012, F.8. closes it must noufy the Department in writing prior to closure and must return the permit to the Department. 9. Section 499.012(6){c), Florida Statutes (2008), allows the Department to revoke the permit of any person that fails to comply with the requirements of Section 499.012(6)(c) Florida Statutes (2008). 10. Based on the foregoing, Respondent has violated Section 499,012(6)(c), Florida Statutes (2008). by failing to notify the Department in writing prior to the closure and ensuring that th ¢ permit was returned to ihe Department. WHEREFORE, Petitioner respectfully requests an order imposing the following penalty: permanent revocation of Respondent’s permit, or any other relief deemed appropriate. SIGNI ED this // day of Fehon aA-7 7 , 2009. Ana M. Viamonte Ros, M.D., M.PH. State Surgeon General J Zl AssistanvGendral Counsel CYM Medical Supplies, Inc., DOH Case No. 2008-19542 ba

Docket for Case No: 09-001576