STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2015-20240 RALPH MICHAEL VITOLA, 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, Ralph Michael Vitola, 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, Fiorida 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 PS18079. 3. Respondent’s address of record is 15203 Mount Sparrow Road, Weeki Wachee, Florida 34614. 4. On or about June 9, 2016, in the Circuit Court of the Fifth Judicial Circuit in and for Hernando County, Florida, Respondent entered a plea of nolo contendere to the following crimes: a. Two counts of battery on a law enforcement or other officer, a felony in violation of Section 784.07(2)(b), Florida Statutes (2015); b. One count of resisting law enforcement officer without violence, a misdemeanor in violation of Section 843.02, Florida Statutes (2015). 5. Battery on a law enforcement or other officer is a crime which is related to the practice of, or the ability to practice, Respondent's profession, which is pharmacy. 6. Respondent failed to report having entered the plea of nolo contendere to one or more of the crimes set forth in paragraph four to the Board of Pharmacy in writing within 30 days of June 9, 2016. DOH v. Ralph Michael Vitoia, R.Ph. 2 DOH Case No, 2015-20240 COUNT ONE 7. Petitioner realleges and incorporates paragraphs one through six as if fully set forth herein. 8. Section 456.072(1)(c), Florida Statutes (2015), 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 relates to the practice of, or the ability to practice, a licensee’s profession, constitutes grounds for disciplinary action. 9. On or about June 9, 2016, Respondent entered a plea of nolo contendere to battery on a law enforcement or other officer, a crime which relates to the practice of, or the ability to practice, Respondent's profession of pharmacy. 10. Based on the foregoing, Respondent has violated Section 456.072(1)(c), Florida Statutes (2015). UNT TWO 11. Petitioner realleges and incorporates paragraphs one through six as if fully set forth herein. 12. Section 456.072(1)(x), Florida Statutes (2016), provides that failing to report to the board, or the department if there is no board, in DOH v. Ralph Michael Vitola, R.Ph. 3 DOH Case No. 2015-20240 writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction, constitutes grounds for disciplinary action. 13. Respondent failed to report to the Board of Pharmacy in writing that Respondent entered a plea of nolo contendere to a crime within 30 days of having entered the plea on or about June 9, 2016. 14. Based on the foregoing, Respondent has violated Section 456.072(1)(x), Florida Statutes (2016). [ remainder of page intentionally left blank ] DOH v. Ralph Michael Vitola, R.Ph. 4 DOH Case No. 2015-20240 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 o-And_ day of Seytember 2016. Celeste Philip, M.D., M.P.H. Surgeon General and Secretary “sl A. CHRISTOPHER A. JURICH Assistant General Counsel Fla. Bar No. 0099014 FILED Florida Department of Health DEPARTMENT OF HEALTH Office of the General Counsel DEPUTY CLERK 4052 Bald Cypress Way, Bin C-65 . Tallahassee, FL 32399-3265 K: 7 CLER punta, fos ancl Telephone: (850) 245-4444 x8174 DATE Q3:'W Facsimile: (850) 245-4662 Email: christopher.jurich@flhealth.gov PCP Meeting: September 22, 2016 _ PCP Members: Debra Glass, Goar Alvarez DOH v. Ralph Michael Vitola, R.Ph. 5 DOH Case No. 2015-20240 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. 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. Ralph Michael Vitola, R.Ph. 6 DOH Case No, 2015-20240

Docket for Case No: 19-005036PL