STATE OF FLORIDA DEPARTMENT OF HEALTH

DEPARTMENT OF HEALTH,

PmTIONER,

v. CASE NO. 2011-00650

ANTHONY C. CARTER, R.Ph.,

RESPONDENT.

ADMINISTRATIVE COMPWNT

COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Pharmacy against Respondent, Anthony C. carter, R.Ph., 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 Administrative Complaint,

   Respondent was a licensed pharmacist within the state of Florida, having been issued license number PS 31111.

   
   

   Filed March 12, 2012 11:41 AM Division of Administrative Hearings

3. Respondent's address of record is 4160 Lanai Drive, Sarasota, FL 34241.

4. On or about December 21, 2009, Respondent entered into a

   
   

   Monitoring Contract with the Florida Professionals Resource Network, Inc.

   
   

   (PRN).

   
   

5. PRN is the impaired program for the Board of Pharmacy, designated pursuant to Section 456.076, Florida Statutes. PRN is a program that monitors the evaluation, care, and treatment of impaired healthcare professionals. PRN also provides for the exchange· of information between treatment providers and the Department for the protection of the public.

6. The Dual Diagnosis Monitoring Contract was for a period of five

   
   

   (5) years and subject to review by PRN.

   
   

7. The Dual Diagnosis Monitoring Contract signed by Respondent states, "I understand and agree that, by signing this contract, I am entering into a legal obligation as set forth in Section 456.072(1)(k), Florida Statutes."

8. On or about November 30, 2010, PRN sent Respondent a letter

   
   

   notifying that Respondent that PRN was in the process of referring his case

   
   

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   to the Florida Department of Health due to his unwillingness to follow the recommendations and requirements of PRN. The letter stated Respondent would need to contact Mr. Bud Westmoreland within three (3) days of receipt of the letter to preclude PRN from referring Respondent to the Florida Department of Health.

9. On or about December 4, 2010, Respondent was terminated from PRN due to noncompliance with the terms of Respondent's Dual Diagnosis Monitoring Contract.

   COUNT ONE

   
   

10. Petitioner realleges and incorporates paragraphs one (1) through nine (9), as if fully set forth herein.

11. Section 456.072(1)(hh), Florida Statutes (2010), provides that being terminated from a treatment program for impaired practitioners, which is overseen by an impaired practitioner consultant as described in Section 456.076, Florida Statutes, for failure to comply without good cause, with the terms of the monitoring or treatment contract entered into by the licensee, or for not successfully completing any drug treatment or alcohol treatment program, constitutes grounds for disciplinary action.

    
    

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12. Respondent is licensed pursuant to Chapter 464, Florida Statutes, and is a health care practitioner as defined in Section 456.001(4), Florida Statutes (2010).

13. On or about December 4, 2010, Respondent was terminated from PRN due to noncompliance with the terms of Respondent's Dual Diagnosis Monitoring Contract.

14. Based on the foregoing, Respondent violated Section 456.072(1)(hh), Florida Statutes (2010), by being terminated from a treatment program for impaired practitioners, which is overseen by an impaired practitioner consultant as described in Section 456.076, Florida Statutes, for failure to comply without good cause, with the terms of the monitoring or treatment contract entered into by the licensee, or for not successfully completing any drug treatment or alcohol treatment program.

    C:QUNTTWO

    
    

15. Petitioner realleges and incorporates paragraphs one (1) through nine (9), as if fully set forth herein.

    
    

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16. Section 456.072(1)(k), Florida Statutes (2010), provides that failing to perform any statutory or legal obligation placed upon a licensee constitutes grounds for disciplinary action.

17. Respondent is licensed pursuant to Chapter 464, Florida Statutes, and is a health care practitioner as defined in Section 456.001(4), Florida Statutes (2010).

18. On or about December 4, 2010, Respondent was terminated from PRN due to noncompliance with the terms of the Dual Diagnosis Monitoring Contract signed by Respondent, which stated he had a legal obligation as set forth in Section 456.072(1)(k), Florida Statutes.

19. Based on the foregoing, Respondent violated Section 456.072(1)(k), Florida Statutes (2010), by failing to perform any statutory or legal obligation placed upon a licensee by being terminated from PRN due to noncompliance with the terms of the Dual Diagnosis Monitoring Contract signed by Respondent.

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

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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 day ot _N.n.,....,,e.m...._. be..r. 4. 201.J_.

H. FRANK FARMER, JR., M.D., Ph.D., F.A.C.P.

State Surgeon General Florida Department of Health

NICHOLAS W. ROMANELLO

General Counsel

Florida Department of Health

WM. FREEMAN MILLER

Attorney Supervisor Prosecution Services Unit

FILED DEPARTMENT OF HEALTH

DEPUTY CLERK

CLERK Angel Sanders

DATE NOV 2 9 ZOii

MICHAEL G. LA RENCE,

Assistant General Counsel Fla. Bar No. 0011265

Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin #C65 Tallahassee, FL 32399-3265

Telephone: (850) 245-4640

Facsimile: (850) 245-4683

Email: michael_lawrence@doh.state.fl.us

/MGL

Department of Health v. Anthony c. carter, R.Ph. 6

case Number 2011-oo650

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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 indude attorney hours and costs, on the Respondent in addition to any other discipline imposed.

Department of Health v. Anthony C. Carter, R.Ph. 7

case Number 2011-Q0650

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Docket for Case No: 12-000874PL