STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2019-44585 EMMANUEL PATRICK INWANG, 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 (Board) against Respondent, Emmanuel Patrick Inwang, 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 (R.Ph.) within the state of Florida, having been issued license number PS42511. 3. Respondent's address of record is 175 Salem Court, Tallahassee, Florida 32301. 4. At all times material to this Administrative Complaint, Respondent was the prescription department manager (PDM) of record for WCRX of Hollywood LLC. (the Permittee), a permitted special closed system pharmacy within the state of Florida. . 5. Onor about June 7, 2019, a Department inspector presented to the Permittee’s address of record at 210 South Federal Highway, Suite 300, Hollywood, Florida 33020 and found that the Permittee was closed and/or not operating. 6. The Permittee failed to notify the Board in writing of the effective date of closure, failed to return its permit to the Board, and failed to advise the Board which permittee was to receive its prescription files. 7. 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. 8. Section 465.022(11)(a), Florida Statutes (2018), provides that the prescription department manager must ensure the permittees compliance with all rules adopted under those chapters as they relate to DOH v. Emmanuel Patrick Inwang, R.Ph. 2 DOH Case No. 2019-44585 the practice of the profession of pharmacy and the sale of prescription drugs. 9. Rule 64B16-28.202(3)(a) and (b), Florida Administrative Code, provides that prior to closure of a pharmacy, the permittee shall notify the Board of Pharmacy in writing as to the effective date of closure and shall return the pharmacy permit to the Board of Pharmacy office or arrange with the local Bureau of Investigative Services of the Department to have the pharmacy permit returned to the Board of Pharmacy, and advise the Board of Pharmacy which permittee is to receive the prescription files. 10. On or about June 7, 2019, a Department inspector presented to the Permittee’s address of record and found that the Permittee had closed without notifying the Board in writing, without returning its permit to the Board, and without advising the Board which permittee was to receive its prescription files. 11. Based on the foregoing, Respondent violated section 456.072(1)(k), Florida Statutes, through a violation of section 465.022(11)(a), Florida Statutes, by failing to ensure the Permittee’s compliance with rule 64B16-28.202(3)(a) and (b), Florida Administrative Code. DOH v. Emmanuel Patrick Inwang, R.Ph. 3 DOH Case No. 2019-44585 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 (2th day of _December , 2019. ILED DEPARTMENT OF HEALTH DEPUTY CLERK cierk: Ange! Sanders pave: DEC 1 8 2019 Scott A. Rivkees, M.D. State Surgeon General HANNAH PHILLIPS Assistant General Counsel Fla. Bar No. 1003347 Florida Department of Health 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@fihealth.gov PCP Meeting: | December 12, 2019 PCP Members: Gavin Meshad; Mark Mikhael DOH v. Emmanuel Patrick Inwang, R.Ph. DOH Case No, 2019-44585 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. Emmanuel Patrick Inwang, R.Ph. : 5 DOH Case No. 2019-44585

Docket for Case No: 20-004007PL