STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2013-10769 KIMBERLY CLARK KIERNAN, R.PH., RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health (Department), by and through its undersigned counsel, and files this Administrative Complaint before the Board of Pharmacy against Respondent, Kimberly Clark Kiernan, R.Ph., and in support thereof alleges: . 1. Petitioner is the state agency 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 42829. | 3. ‘Respondent's address of ‘record is P.O. Box 2585, Jupiter, Florida 33468.. 4. On or about August 6, 2013, the Department ordered Respondent to submit to a mental and physica! examination to determine her ability to practice pharmacy as a licensed pharmacist, with reasonable skill and safety pursuant to the authority granted in Section 456.072(1)(z), Florida Statutes (2013). 5. On or about September 11, 2013, Respondent was evaluated by Dr. B.K., M.D. 6. Dr. B.K. opined that Respondent “is not safe to practice with reasonable skill and safety as a pharmacist in the State of Florida at this time.” 7. Section 465.016(1)(m), Florida Statutes (2013), provides that being unable to practice pharmacy with reasonable skill and safety by reason of illness, use of drugs, narcotics, chemicals, or any other type of material or asa result of any mental or physical condition, constitutes _ grounds for disciplinary action. | 8. As set forth above, on or about September 11, 2013, Respondent was evaluated by Dr. B.K., M.D., who opined that Respondent | “is not safe to practice with reasonable skill and safety as a pharmacist in the State of Florida at this time.” Department of Health v. Kimberly Clark Kiernan, R.Ph. 2 Case Nos. 2013-10769 . 9, Based. on the foregoing, Respondent violated Section | 465.016(1)(m), Florida Statutes (2013), by being unable to practice pharmacy with reasonable skill and safety by reason of illness, use of drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. [Remainder of page left intentionally blank } Department of Heaith v. Kimberly Clark Kiernan, R.Ph. 3 Case Nos. 2013-10769 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. , SIGNED this _/ . day of ‘ re , 2014, John H. Armstrong,.MD, FACS State Surgeon General and Secretary of Health - bpd) Ana M. Gargollo-McBonald Assistant General Counsel Florida Bar Number: 85907 FILED DOH Prosecution Services Unit OOO Te ERK 4052 Bald Cypress Way, Bin.C-65 CLERK ANGEL SANDERS Tallahassee, Florida 32399-3265 DATE JUN 2.0 2014. ; Telephone: (850) 245 - 4444 Ext. 8133 Facsimile: (850) 245 - 4683 Ana.gargollo-mcdonald@fihealth.gov /AGM re Nan € Masa Department of Health v. Kimberly Clark Kiernan, R.Ph. ; 4 Case Nos. 2013-10769 . . 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, Kimberly Clark Kiernan, R.Ph. : 5 Case Nos. 2013-10769

Docket for Case No: 15-000962PL