STATE OF FLORIDA. DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. - - CASE NO. 2015-29934 CHRIS A. JACOBS, P.S.1., RESPONDENT. / ADMINISTRATIVE COMPLAI NT COMES NOW, Petitioner, Department. of Health, by and through its | undersigned counsel, and files this Administrative Complaint before the Board of Pharmacy against Respondent, Chris A. Jacobs, P.S.I., 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. Administrative Complaint, Respondent was a licensed pharmacist intern within the state of Florida, having been issued license number PSI 15433. 3. Respondent's address of record is 107 Wedgewood Plaza Drive, Riviera Beach, Florida 33404. 4. Respondent's mailing address is 4004 Miramar Way South, St. _____ Petersburg, Florida 33705, ee 5. Onor about June 19, 2006, Respondent entered a plea of nolo contendere to one count of lewd or lascivious molestation of a person 12 years of age or older but less than 16 years of age, a second-degree felony in violation of Section 800.04(5)(C)2., Florida Statutes (2005). 6. Lewd or lascivious molestation of a person 12 years of age or older but less than 16 years of age is a crime which relates to the practice of, or the ability to practice, Respondent's profession as a pharmacist . intern. | 7. Respondent failed to report having entered the aforementioned plea of nolo contendere to the Board in writing within 30 days of June 19, 2006. , COUNT ONE 8. Petitioner realleges and incorporates paragraphs one through seven as if fully set forth herein. DOH v. Chris A. Jacobs, P.S.I. , 2 ~ DOH Case No. 2015-29934 9. Section 456.072(1)(c), Florida Statutes (2005), provides that being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which constitutes grounds for disciplinary action. 10. On or about June 19, 2006, Respondent entered a plea of nolo contendere to one count of lewd or lascivious molestation of a person 12 years of age or older but less than 16 years of age, a crime which relates to the practice of, or the ability to practice, Respondent's profession as a pharmacist intern. 11. Based on the foregoing, Respondent has violated Section 456.072(1\(c), Florida Statutes (2005). . COUNT TWO 12. Petitioner realleges and incorporates paragraphs one through seven as if fully set forth herein. 13. Section 456.072(1)(x), Florida Statutes (2006), provides that failing to report to the board, or the department if there is no board, in writing within 30 days after the licensee has been convicted or found guilty DOH v. Chris A, Jacobs, P.S.1. : 3 DOH Case No. 2015-29934 of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction, constitutes grounds for disciplinary action. 14. Respondent failed to report having entered a plea of nolo years of age or older but less than 16 years of age to the Board in writing within 30 days of having entered the plea on or about June 19, 2006. 15. Based on the foregoing, Respondent has violated Section 456.072(1)(x), Florida Statutes (2006). [ remainder of page intentionally left blank ] DOH v. Chris A. Jacobs, P.S.I. 4 DOH Case No. 2015-29934 . 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 _25 7° day of Feb pus 2016. John H. Armstrong, MD, FACS State Surgeon General and Secretary of Health - ~ CHRISTOPHER A. JURICH Assistant General Counsel ' Fla. Bar No. 0099014 FILED Florida Department of Health DEPAR RI MENT OF HEALTH Office of the General Counsel . 4052 Bald Cypress Way, Bin C-65 CLERK: Comal nasty Tallahassee, FL 32399-3265 Telephone: (850) 245-4444 x8174 DATE Oo” 26-1 6 Facsimile: (850) 245-4662 Email: christopher jurich@flhealth.gov PCP Meeting: February 25, 2016 PCP Members: Dr. Michele Weizer, Dr. Lee Fallon DOH v. Chris A. Jacobs, P.S.J. ; ‘ 5 DOH Case No. 2015-29934 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 ~ ~~ @uces tecunt issued on his or her behalf if a hearing is requested-—~~ A request or petition for an administrative hearing must be in writing and must be received by the Department within 21 ‘days from the day Respondent received the Administrative Complaint, pursuant to Rule 28-106.111(2), Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent waives the right to request a hearing on the facts alleged in this Administrative Complaint pursuant to Rule 28- 106.111(4), Florida Administrative Code. Any request for an administrative proceeding to challenge or contest the material facts or charges contained in the Administrative Complaint must conform to Rule 28-106.2015(5), Florida Administrative Code. Please note that mediation under Section 120.573, Florida Statutes, is not available to resolve this Administrative Complaint. 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. DOH v. Chris A. Jacobs, P.S.1. ; 6 DOH Case No. 2015-29934 ,

Docket for Case No: 16-002568PL