STATE OF FLORIDA ‘DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, | PETITIONER, | v. CASE NO. 2019-00735 ROBERT CHARLES GERLAND, 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 (“Board”) against Respondent, Robert Charles Gerland, | 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 Administrative Complaint, Respondent was a licensed pharmacist within the state of Florida, having been issued license number PS37318. 3. Respondent’s address of record is 2054 Elmwood Avenue, Lakewood, Ohio 44107. | . Facts Relating to Criminal Plea 4. On or about April 1, 2018, in the Court of Common Pleas for Cuyahoga County, Ohio, Respondent entered a plea of guilty to one count of attempting to unlawfully obtain “drug database information, a misdemeanor in violation of Section 4729.86(A)(3) of the Ohio Revised Code. | 5. Attempting to unlawfully obtain drug database information is a crime which relates to the practice, of, or the ability to practice, Respondent's profession, which is pharmacy. 6. Respondent failed to report having ‘entered a plea of guilty to the Board of Pharmacy i in writing within 30 days of April 1, 2018. Facts Relating to Discipline by Ohi io Board 7. - On or about October 2, 2018, the State of Ohio Board of Pharmacy (‘Ohio Board”) and Respondent entered into a Settlement Agreement, whereby discipling Respondent's license to practice pharmacy in the state of Ohio. DOH v. Robert Kenneth Gerland, R.Ph. : : _ 2 DOH Case No. 2019-00735 - ; a ; 8. The discipline by the Ohio Board was predicated upon Respondent having dispensed incorrectly filled prescriptions to one or more patients, and for Respondent having accessed the Ohio Automated Rx Reporting System for his girlfriend’s prescription history when she was not Respondent's patient. | | 9. One or more of the violations set forth in paragraph eight would constitute a violation of Florida law. COUNT INE 10. Petitioner realleges and incorporates paragraphs one through six as if fully se set forth herein. | } 11. Section 456:072(1)(c), Florida Statutes (2017), 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 . 12. Onor about April 1, 2018, Respondent entered a plea of guilty to attempting to unlawfully obtain rug database information, a crime which relates to the practice of, or the > ability to practice, Respondent's profession, which is pharmacy. DOH v. Robert Kenneth Gerland, R.Ph. t 3 DOH Case No. 2019-00735 , 13. Based on the foregoing, Respondent has violated Section 456.072(1)(c), Florida Statutes (2017). | | | COUNT Two 14. Petitioner realleges and incorporates paragraphs one through six as if fully set forth herein. 15. Section 456.072(1)(x), Florida Statutes (2017), 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 of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction, constitutes grounds for disciplinary action. 16. Respondent failed to report having entered a plea of guilty to attempting to unlawfully obtain drug database information to the Board in writing within 30 days of April 1, 2018. i | 17. Based on the foregoing, espondent has violated Section 456.072(1)(x), Florida Statutes (2017). COUNT TH REE 18. Petitioner realleges and incorporates paragraphs one through three and paragraphs seven through nine as if fully set forth herein. DOH v. Robert Kenneth Gerland, R.Ph. : 4 DOH Case No. 2019-00735 : 19. Section 456.072(1)(f), Florida Statutes (2018), provides that having a license or the authority to practice any regulated profession revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing “authority of any jurisdiction, including its agencies or subdivisions, for a violation that would constitute a violation under Florida law, constitutes grounds for disciplinary action. 20. Respondent's license to practice pharmacy in the state of Ohio was disciplined by the Ohio Board for having dispensed incorrectly filled prescriptions to one or more patients, and for Respondent having accessed the Ohio Automated Rx Reporting system for his girlfriend’s prescription history when she was not Respondent's patient, one or m more of which are. violations which would constitute a violation of Florida law. 21. Based on the foregoing, respondent has violated Section 456.072(1)(f), Florida Statutes (2018). DOH v. Robert Kenneth Gerland, R.Ph. 5 DOH Case No. 2018-00735 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 _2!5+_ day of __. March , 2019. FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK: pave: MAR 2 1 2018 PCP Meeting: March 21, 2019 Surgeon General and Secretary CHRISTOPHER A. JURICH Assistant General Counsel Fla. Bar No. 0099014 Florida, Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Telephone: (850) 558-9861 Facsimile: (850) 245-4662 Email: | christopher.jurich@flhealth.gov PCP Members: Bianca Rivera, Michelle Weizer ~ DOH v. Robert Kenneth Gerland, R.Ph. DOH Case No, 2019-00735 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. Robert Kenneth Gerland, R.Ph. : . cone 7 DOH Case No. 2019-00735 a °

Docket for Case No: 20-002597PL