STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2011-14210 CHAD MICHAEL LAMBERTSON, R.P.T., RESPONDENT, / ADMINISTRATIVE COMPLAINT Petitioner Department of Health, by and through its undersigned counsel, files this Administrative Complaint before the Board of Pharmacy against Respondent, Chad Michael Lambertson, R.P.T, and in support thereof alleges: 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 Order, Respondent was a licenses registered pharmacy technician (RPT) operating within the State of Florida, pursuant to Chapter 465, Florida Statutes, holding permit number RPT 12854. Filed December 28, 2011 3:49 PM Division of Administrative Hearings 3. Respondent’s address of record is 2258 Grove Drive, Naples, Florida 34120. . 4. Respondent's current address may be 332 Spider Lily Lane, Naples, Florida 34119. 4. At all time material to this complaint, Respondent was employed as a RPT at Advanced Medical Center (AMC), located in Naples, Florida. 5. On.or about July, 16, 2011, the Respondent called in a prescription order for Tussionex Suspension 120 ml, for a C.F, date of birth August 14, 1993, ordered by a Dr. G.L., to Walgreens Pharmacy (Walgreens #1) located at 15295 Collier Boulevard, Naples, Florida 34119. 6. Tussionex contains hydrocodone and is prescribed to treat the symptoms of an upper respiratory infection, such as cough. According to Section 893.03(3), Florida Statutes, hydrocodone, in the dosages found in Tussionex, is a Schedule III controlled substance that has a potential for abuse less than the substances in Schedules I and If and has a currently accepted medical use in treatment in the United States, and abuse of the substance may lead to moderate or low physical dependence or high psychological dependence. Department of Health v. Chad Lambertson, R.P.T. 2 Case Number 2011-14210 J:\PSU\Nursing\Witters, Matt\Pharmacy\Administrative Complaints\(m) Charges\Lambertson, Chad (RPT, Fraud,Scheme).doc 7. On or about July 16, 2011, Respondent contacted Walgreens #1 and requested that the prescription for Tussionex transferred be to Walgreens Pharmacy (Walgreens #2) located at 1565 Airport Road South, Naples, Florida 34104. 8. Onor about July 16, 2011, Respondent appeared at Walgreens #2 and attempted to retrieve the prescription for Tussionex from the pharmacy. 9. On or about July 16, 2011, D.B., the pharmacist on duty at Walgreens #2 refused to dispense the prescription for Tussionex due to concerns about the dosage directions, specifically the amount of Tussionex that was ordered to be ingested daily y C.F. 10. onor about July 16, 2011, D.B. informed Respondent that that prior to D.B, dispensing this prescription, the physician that ordered the prescription wouid have to be consulted. 11. On or about July 16, 2011, Respondent informed D.B. that he was a pharmacist and requested that the dosage directions be amended to meet proper guidelines. 12. On or about July 16, 2011, D.B. confirmed via computer that Respondent was a registered pharmacy technician. Department of Health-v. Chad Lambertson, .P.T. 3 Case Number 2011-14210 J:\PSU\Nursing\Witters, Matt\Pharmacy\Administrative Compiaints\(m) Charges\Lambertson, Chad (RPT, Fraud,Scheme).doc 13. On or about July 17, 2011, D.B. contacted the Collier County Sheriff's Office (CCSO) concerning the prescription and the actions of the Respondent. 14. Onor about July 18, Respondent contacted Detectives from the Collier County Sherriff’s Office to arrange an interview. 15. On or about July 18, Detectives from the CCSO met with and interviewed the Respondent. 16. On or about July 18, during this interview, ‘Respondent admitted to detectives that he called Walgreens #1, leaving a voicemail that identified himself at a RPT at AMC, requesting that the prescription for Tussionex be filled as ordered by Dr. G.L. 17. On or about July 18, Respondent further admitted that he attempted to use Dr. G.L’s name to fill the prescription but lacked prior authorization to do so. 18. On or about August 15, 2011, Detectives from the CCSO contacted Dr..G.L. 19. On or about August 15, 2011, in a sworn statement to the CCSO, Dr. G.L., confirmed that C.R was not currently or never has been a patient of Dr. G.L. or his practice. ‘Department of Health v. Chad Lambertson, R.P.T. 4 Case Number 2011-14210 J:\PSU\Nursing\Witters, Matt\Pharmacy\Administrative Compiaints\(m) Charges\Lambertson, Chad (RPT, Fraud,Scheme).doc 20. On or about August 15, 2011, in a sworn statement to the CCSO, Dr G.L., confirmed that he had “never or written or athorized verbally any prescription for this person (C.F.).” 21. On or about August 15, 2011, in a sworn statement to the CCSO, Dr. G.L., confirmed that the prescription for Tussionex was not in fact ordered by himself and should be considered fraudulent. 22. On or about August 25, 2011, Respondent was arrested by the ‘CCSO for two counts of attempting to contain a controlled substance by fraud, in violation of Section 893.13(7)(a)(9), Florida Statues (2011), a third degree felony. 23. Section 465.014(8), Florida Statutes (2011), provides that registered pharmacy technicians may be disciplined for violations of Section 456.072(1), Florida Statutes, or violations under Chapter 465, Florida Statutes. 24, Section 465.016(1)(m), Florida Statutes (2011), provides that a making deceptive, untrue, ot fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession is grounds for discipline. Department of Health v, Chad Lambertson, R.P.T. 5 Case Number 2011-14210 J:\PSU\Nursing\Witters, Matt\Pharmacy\Administrative Complaints\(m) Charges\Lambertson, Chad (RPT, Fraud,Scheme).doc 25. Respondent violated Section 465.016(1)(m), Florida Statutes (2011), by violating Section 893.135(1)(c)(1), Florida Statutes (2011), by admitting to phoning in a prescription without prior approval from a licensed practitioner and holding himself out to be a licensed pharmacist with the purpose of obtaining a controlled substance. 26. Based on the foregoing, Respondent has violated Section 465.016(1)(e), Florida Statutes (2011), by admitting to a violation of Section 893.135(1)(c)(1), Florida Statutes (2011), a violation of Section 893.135(1)(F)(1), Florida Statutes (2011) and a violation of Section 893.13(6)(a) Florida Statutes (2011). Department of Health v. Chad Lambertson, R.P.T. 6 Case Number 2011-14210 J:\PSU\Nursing\Witters, Matt\Pharmacy\Administrative Compiaints\(m) Charges\Lambertson, Chad (RPT, Fraud,Scheme).doc WHEREFORE, the 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 the 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 2 sd day of Ostahor __ 2011, H. Frank Farmer, Jr, M.D., -Ph.D., RAsC.P. State Surgeon General “or G. Witter Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar Number Pending (850) 245 - 4640 Telephone DEPARTMENT OF HEALTH (850) 245 - 4683 Facsimile clerk ae CLERK DATE act Pe /MGW , as fil pcp; iol 35 a Grbn PCP Members: R. Salem * Department of Health v. Chad Lambertson, R.P.T. 7 Case Number 2011-14210 2:\PSU\Nursing\Witters, Matt\Pharmacy\Administrative Compiaints\(m) Charges\Lambertson, Chad (RPT, Fraud,Scheme).doc 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 behaif 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. Department of Health y. Chad Lambertson, R.P.T. Case Number 2011-14210 J:\PSU\Nursing\Witters, Matt\Pharmacy\Administrative Complaints\(m) Charges\Lambertson, Chad (RPT, Fraud,Scheme).doc

Docket for Case No: 11-006493PL