STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, "A CASE NO. 2011-09628 MARC W. DONEGAN, R.Ph., RESPONDENT. / ee 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, Marc W, Donegan, 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 31403, 3. Respondent's address of record is 1000 West Avenue #1511, Miami Beach, Florida 33139. 4. On or about January 4, 2012, the Department ordered the Respondent to undergo a mental and physical evaluation to determine his safety to practice his profession. 5. Respondent was scheduled to undergo an mental and physical evaluation with I. Jack Abramson, M.D. on March 14, 2012 at 8:45 a.m. at 21110 Biscayne Bivd., Suite 406, Aventura, Florida 33180. 6. On or about February 17, 2012, Respondent was personally served notice to appear at the evaluation referenced in paragraph five (5). ; 7. Respondent failed to appear on March 14, 2012 for his ordered mental and physical evaluation referenced in paragraph five (5). 8. Section 456.072(1)(q), Florida Statutes (2011), provides that violating a lawful order of the department or the board, or failing to comply with a lawfully issued subpoena of the department is grounds for disciplinary action. 9. Respondent violated a lawful order of the Board of Pharmacy in one or more of the following ways by failing to appear for his ordered mental and physical evaluation on March 14, 2012 at 8:45 a.m. Department of Health v. Marc W. Donegan, R.Ph. 2 Case Number 2011-09628 10. Based on the foregoing, Respondent has violated Section 456.072(1)(q), Florida Statutes (2011), by violating a lawful order of the department or the board, or failing to comply with a lawfully issued subpoena of the department. Department of Health v. Mare W. Donegan, R.Ph. 3 Case Number 2011-09628 WHEREFORE, the Petitioner respectfully requests that the Board of Nursing 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_ 241 day of Poor: | , 2012. STEVEN L. HARRIS, M.D., M.Sc. Interim State Surgeon General Florida Department of Health NICHOLAS W. ROMANELLO General Counsel Florida Department of Health WM. FREEMAN MILLER Attorney Supervisor Prosecution Services Unit Department of Health v. Mare W. Donegan, R.Ph. 4 Case Number 2011-09628 FE DEP ARTE AED NT OF 1 DEPUTy EALTH CLERK CLERK DATE APR ponders 5 2049 PCP 4/24/12 Mullins and Risch PCP: PCP Members: Department of Health v. Marc W. Donegan, R.Ph. Case Number 2011-09628 Matthew G. Witters Assistant General Counsel Fla, Bar No. 0091245 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: matthew_witters@doh.state.fl.us 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 include attorney hours and costs, on the Respondent in addition to any other discipline imposed. Department of Health v. Mare W. Donegan, R.Ph, 6 Case Number 2011-09628

Docket for Case No: 13-001908PL