STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2011-09590 NIRAV D. RATHOD, R.Ph., RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Pharmacy against Respondent, Nirav D. Rathod, 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 Complaint, Respondent was a licensed pharmacist within the State of Florida, having been issued license number PS 45956. DOH vy. Nirav Rathod, R.Ph. Case No. 2011-09590 J:\PSU\Nursing\Mary Miller\Pharmacy\ACs\Misfilis\Rathod, RpH.doc 3. Respondent’s address of record is 10109 Caraway Spice Avenue, Riverview, Fiorida 33578. 4. At all times material to this complaint, Respondent was employed as a pharmacist and the prescription department manager (PDM), by Wal-Mart Stores East, L.P, d/b/a/ Wal-Mart Pharmacy #10-5300 (Wal-Mart Pharmacy), in Gibsonton, Florida. 5. On or about May 12, 2011, Patient S.H. presented a prescription for 75 milligram (mg) amitriptyline tablets, #30, from her treating physician to be filled by the prescription department at Wal-Mart Pharmacy. 6. Amitriptyline is an antidepressant and prescribed to treat depression, anxiety disorders, attention deficient hyperactivity disorder, migraine headaches, and tension headaches, along with other medical conditions. 7. On or about May 12, 2011, Respondent was the prescription department manager and the pharmacist on duty at Wal-Mart Pharmacy when Patient S.H. presented her amitriptyline prescription to be filled. DOH v. Nirav Rathod, R.Ph. Case No,; 2011-09590 JAPSU\Nursing\Mary Miller\Pharmacy\ACs\Misfills\Rathod, RpH.doc 8. On or about May 12, 2011, Respondent dispensed atenolol tablets, #30 to Patient S.H. instead of 75 mg amitriptyline tablets, # 30 as prescribed by Patient S.H/s treating physician. 9. Atenolol is a beta blocker primarily used in the treatment of cardiovascular diseases, Atenolol is prescribed for high blood pressure, angina, heart attacks, congestive heart failure, and the prevention of migraine headaches, along with other medical disorders. 10. After Patient R.A. ingested two doses of atenolol instead of amitriptyline on or about May 17 and 18, 2011, Patient S.H. experienced dizziness, nausea, vomiting, weakness, and sweating. 11. On or about May 18, 2011, Patient S.H. was transported to the emergency department at Brandon Regional Medical Center for evaluation and treatment of her reaction to ingesting atenolol. 12. Section 465.016(1)(r), Florida Statutes (2010), provides that Violating any provision of Chapters 465 or 456, Florida Statutes,.or any rules adopted pursuant thereto, constitutes grounds for disciplinary action by the Board of Pharmacy. 13. Rule 64B16-27-1001(3), Florida Administrative Code, provides that only a pharmacist may make the final check of the completed DOH v. Nirav Rathod, R.Ph. Case No.: 2011-09590 JAPSU\Nursing\Mary Miller\Pharmacy\ACs\Misfills\Rathod, RpH.doc prescription thereby assuming the complete responsibility of its preparation and accuracy. 14. Respondent failed to make the final check of Patient S.H's 75 mg amitriptyline tablets, #30 prescription before the prescription was dispensed to Patient S.H. on or about May 12, 2011. 15. Based on the foregoing, Respondent violated Section 465.016(1)(r), Florida Statutes (2010), by violating Rule 64B16-27.1001(3), Florida Administrative Code, by failing to make the final check of the completed prescription before the prescription was dispensed to the patient. . 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. DOH v. Nirav Rathod, RPh. Case No.: 2011-09590 JAPSU\Nursing\Mary Mitler\Pharmacy\ACs\Misfills\Rathod, RpH.doc SIGNED this _20_ day of __Nowerbey 2008. H. FRANK FARMER, JR., M.D., Ph.D, FA.C.P. State Surgeon General Florida Department of Health NICHOLAS W. ROMANELLO General Counsel Florida Department of Health WM. FREEMAN MILLER Supervising Attorney Prosecution Services Unit Macy Ce MARY S, MILLER Assistant General Counsel Fla. Bar No. 0780420 Office of the General Counsel FILED TOF HEALTH 4052 Bald Cypress Way, Bin #C65 EPA uTy CLERK Tallahassee, Florida 32399-3265 CLERK anes 9 20 Telephone: (850) 245-4640 DA Facsimile: (850) 245-4682 Email: Mary_Miller2@doh.state.fl.us pcp: Noeriboe, 29,2011 PCP Members: Wee, Risch /MSM . 5 DOH v. Niray Rathod, R.Ph. Case No.: 2011-09590 JAPSU\WNursing\Mary Mitler\Pharmacy\ACs\Misfilis\Rathod, RpH.doc

Docket for Case No: 13-001151PL