STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2018-18654 FARMACIA 22-24, D/B/A FARMACIA 22-24 CENTRO, 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, Farmacia 22- 24, d/b/a Farmacia 22-24 Centro, 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 permitted community pharmacy within the state of Fiorida, having been issued permit number PH10900. 3. | Respondent’s address of ‘record is 1266 W. Flagler Street, Miami, Florida 33135. 4. At all times material to this Administrative Complaint, K.G., A.M., and C.D. were registered pharmacy technicians within the state of Florida and employed by Respondent. 5. At all times material to this Administrative Complaint, K.G., A.M., and C.D. did not hold licenses to practice pharmacy in the state of Florida. 6. Onor about August 2, 2018, a Department inspector presented to Respondent’s address of record to conduct a community pharmacy inspection. 7. The Department inspector observed that K.G., A.M., and C.D. were inside Respondent's prescription department when a _ licensed pharmacist was not present and on duty. 8. The Department inspector observed that Respondent's prescription department was not securely locked to prevent access by K.G., A.M., and C.D. when a licensed pharmacist was not present and on duty. 9. The Department’s inspection on or about August 2, 2018, revealed that Respondent failed to continuously maintain a designated DOH v. Farmacia 22-24, Gfofa Farmacla 22-24 Centro 2 DOH Case No. 2018-18654 prescription department manager at all times the pharmacy was open and in operation after Respondent’s previous prescription department manager (*PDM’), J.V., R.Ph., resigned in or around October 2016. COUNT ONE 10. Petitioner realleges and incorporates paragraphs one through nine as if fully set forth herein. 11. Section 465.023(1)(c), Florida Statutes (2018), provides that the department or the board may revoke or suspend the permit of any pharmacy permittee, and may fine, place on probation, or otherwise discipline any pharmacy permittee if the permittee, or any affiliated person, partner, officer, director, or agent of the permittee, including a person fingerprinted under s. 465.022(3), has violated any of the requirements of this chapter or any of the rules of the Board of Pharmacy. 12. Rule 64B16-28.109(1), Florida Administrative Code, provides that the prescription department of any community pharmacy permittee shall be considered closed whenever the establishment is open and a pharmacist is not present and on duty. 13. Rule 64B16-28.109(5), Florida Administrative Code, provides that whenever the prescription department of any community pharmacy DOH v. Farmacia 22-24, d/b/a Farmacia 22-24 Centro 3 DOH Case No. 2018-18654 establishment is closed, no person other than a pharmacist shall enter, be permitted to enter or remain in the prescription department. 14. On or about August 2, 2018, three registered pharmacy technicians employed by Respondent, K.G., A.M., and C.D., entered and remained in Respondent's prescription department when a licensed pharmacist was not present and on duty. 15. Based on the foregoing, Respondent has violated Section 465.023(1)(c), Florida Statutes (2018), by and through a violation of Rule 64B16-28.109(5), Florida Administrative Code. COUNT TWO 16. Petitioner realleges and incorporates paragraphs one through nine as if fully set forth herein. 17. Section 465.023(1)(c), Florida Statutes (2018), provides that the department or the board may revoke or suspend the permit of any pharmacy permittee, and may fine, place on probation, or otherwise discipline any pharmacy permittee if the permittee, or any affiliated person, partner, officer, director, or agent of the permittee, including a person fingerprinted under s. 465.022(3), has violated any of the requirements of this chapter or any of the rules of the Board of Pharmacy. DOH v. Farmacia 22-24, d/b/a Farmacia 22-24 Centro 4 DOH Case No. 2018-18654 18. Rule 64B16-28.109(3), Florida Statutes (2018), provides that at all times when the prescription department is closed, either because of the absence of a pharmacist or for any other reason, it shall be separated from the remainder of the establishment by partition or other means of enclosure, thereby preventing access to the prescription department by persons not licensed in Florida to practice the profession of pharmacy. 19. Rule 64B16-28.109(4), Florida Statutes (2018), provides that the partition or other means of enclosure shall be securely locked and only a pharmacist shall have the means to gain access to the prescription department. 20. On or about August 2, 2018, Respondent failed to ensure its prescription department was securely locked to prevent access by K.G., A.M., and C.D. when a licensed pharmacist was not present and on duty. 21. Based on the foregoing, Respondent has violated Section 465.023(1)(c), Florida Statutes (2018), by and through a violation of Rule 64B16-28.109(3) and (4), Florida Administrative Code. COUNT THREE 22. Petitioner reaileges and incorporates paragraphs one through nine as if fully set forth herein. DOH v. Farmacia 22-24, d/b/a Farmacia 22-24 Centro 5 DOH Case No. 2018-18654 23. Section 456.072(1)(k), Florida Statutes (2018), provides that failing to perform any statutory or legal obligation placed upon a licensee constitutes grounds for disciplinary action. 24. Section 465.023(1)(c),- Florida Statutes (2018), provides that the department or the board may revoke or suspend the permit of any pharmacy permittee, and may fine, place on probation, or otherwise discipline any pharmacy permittee if the permittee, or any affiliated person, partner, officer, director, or agent of the permittee, including a person fingerprinted under s. 465.022(3), has violated any of the requirements of this chapter or any of the rules of the Board of Pharmacy. 25. Rule 64B16-27.450(3), Florida Administrative Code, provides that all community and internet pharmacy Permittees shal! continuously maintain a designated prescription department manager at ail times the pharmacy is open and in operation. 26. On or about August 2, 2018, the Department’s inspection revealed that Respondent failed to continuously maintain a designated PDM at all times the pharmacy was open and in operation after the previous PDM, J.V., R.Ph., resigned in or around October 2016. DOH v. Farmacia 22-24, d/b/a Farmacia 22-24 Centro 6 DOH Case No, 2018-18654 27. Based on the foregoing, Respondent has violated Section 456.072(1)(k), Florida Statutes (2018), by and through a violation of Section 465.023(1)(c), Florida Statutes (2018), by and through a violation of Rule 64B16-27.450(3), Florida Administrative Code. [ remainder of page intentionally left blank } DOH v. Farmacia 22-24, giore Farmacia 22-24 Centro 7 DOH Case No. 2018-18654 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 prcbation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this _\Q\©_ day of al 2019. FILED Honnad -OQ0dres NT OF HEALTH DEPART OTY CLERK HANNAH PHILLIPS Assistant General Counsel cuerK: (dd Morus Fla. Bar No. 1003347 pate: ___APR 18 2019 DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Telephone: (850) 558-9824 Facsimile: (850) 245-4662 Email: hannah. phillips@flhealth.gov PCP Meeting: April 18, 2019 PCP Members: Blanca R. Rivera; Jeenu Philip DOH v. Farmacia 22-24, d/b/a Farmacia 22-24 Centro 8 DOH Case No. 2018-18654 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. Farmacia 22-24, d/b/a Farmacia 22-24 Centro ; 9 DOH Case No, 2018-18654 .

Docket for Case No: 20-000054