STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2019-41630 WCRX OF HOLLYWOOD LLC., RESPONDENT. F 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, WCRX of Hollywood LLC., 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 special closed system pharmacy within the state of Florida, having been issued permit number PH24084. 3. Respondent's address of record is 210 South Federal Highway, Suite 300, Hollywood, Florida 33020. 4. On or about June 7, 2019, a Department inspector presented to Respondent's address of record and found that Respondent was closed and/or not operating. 5. | Respondent 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. 6. 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. 7. Section 465.023(1)(c), Florida Statutes (2018), provides, in relevant part, 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, including a person fingerprinted under Section 465.022(3), has violated any of the rules of the Board of Pharmacy. 8. Rule 64B16-28.202(3)(a) and (b), Florida Administrative Code, provides that prior to closure of a pharmacy, the permittee shall notify the DOH v. WCRX of Hollywood LLC. 2 DOH Case No. 2019-41630 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. 9. Onor about June 7, 2019, a Department inspector presented to Respondent's address of record and found that Respondent 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. 10. Based on the foregoing, Respondent violated section 456.072(1)(k), Florida Statutes, through a violation of section 465.023(1)(c), Florida Statutes, through a violation of rule 64B16- 28.202(1)(a) and (b), Florida Administrative Code. [ remainder of page intentionally left blank | DOH v. WCRX of Hollywood LLC. 3 DOH Case No, 2019-41630 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\)_ day of _D-