STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2019-47599 RICHARD SPRYS, 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, Richard Sprys, 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 pharmacist within the state of Florida, having been issued license number PS 15789. 3. | Respondent's address of record is 108 Wax Myrtle Lane, Longwood, Florida 32779. 4. At all times material to this Administrative Complaint, Respondent was the designated prescription department manager (“PDM”) of record for Pharmacy 4 Less, LLC (“Permittee”), a permitted community pharmacy in Altamonte Springs, Florida. 5. On or about September 6, 2019, the Department was notified that the Permittee had ceased operations. 6. On one or more occasions between September 9, 2019, and October 15, 2019, Department inspectors presented to the Permittee’s location and confirmed that the Permittee had ceased operations. 7. The Permittee failed to perform one or more of the following on or before the date of closure: a. Return its community pharmacy permit to the Board; b. Advise the Board which permittee was to receive its prescription files; c. Physically deliver its prescription files to a pharmacy operating within reasonable proximity and within the same locality; and/or DOH v. Richard Sprys, R.Ph. 2 DOH Case No. 2019-47599 8. d. Affix a prominent sign to the front entrance of the pharmacy advising the public of the new location of the former permittee’s prescription files or otherwise provide a means by which to advise the public of the new location of their prescription files. The Permittee failed to provide the Board with one or more of the following information prior to transferring ownership of its medicinal drugs: . The name, address, pharmacy permit number and Drug Enforcement Administration (“DEA”) registration number of the transferor pharmacy; . The name, address, permit number, DEA registration number, and authorized business activity of the transferee entity; . The date on which the transfer will occur; and/or . A complete inventory of all medicinal drugs within the provisions of section 893.03, Florida Statutes, as of the date of transfer. DOH v. Richard Sprys, R.Ph. 3 DOH Case No. 2019-47599 Count I 9. Petitioner re-alleges and incorporates paragraphs one through seven as if fully set forth herein. 10. 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. 11. Section 465.022(11)(a), Florida Statutes (2019), provides that the prescription department manager must ensure the permittee’s compliance with all rules adopted under chapters 465, 499, and 893, Florida Statutes, as they relate to the practice of the profession of pharmacy and the sale of prescription drugs. 12. Rule 64B16-28.202(3), 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, 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. DOH v. Richard Sprys, R.Ph. 4 DOH Case No. 2019-47599 13. Rule 64B16-28.202(4), Florida Administrative Code, provides that on the date of closure of a pharmacy the former permittee shall: physically deliver the prescription files to a pharmacy operating within reasonable proximity of the pharmacy being closed and within the same locality; and affix a prominent sign to the front entrance of the pharmacy advising the public of the new location of the former permittee’s prescription files or otherwise provide a means by which to advise the public of the new location of their prescription files 14. As set forth above, the Permittee failed to perform one or more required tasks on or before the date of closure. 15. Based on the foregoing, Respondent violated section 456.072(1)(k), through a violation of section 465.022(11)(a), by failing to ensure the Permittee’s compliance with rule 64B16-28.202(3) and (4). Count II 16. Petitioner re-alleges and incorporates paragraphs one through six, and eight, as if fully set forth herein. 17. Section 456.072(1)(k), Florida Statutes (2019), provides that failing to perform any statutory or legal obligation placed upon a licensee constitutes grounds for disciplinary action. DOH v. Richard Sprys, R.Ph. 5 DOH Case No. 2019-47599 18. Section 465.022(11)(a), Florida Statutes (2019), provides that the prescription department manager must ensure the permittee’s compliance with all rules adopted under chapters 465, 499, and 893, Florida Statutes, as they relate to the practice of the profession of pharmacy and the sale of prescription drugs. 19. Rule 64B16-28.203, Florida Administrative Code, provides, in relevant part, that when ownership of medicinal drugs is transferred to a new owner upon closure of a pharmacy, the transferor pharmacy shall provide the Board of Pharmacy with the following information: a. The name, address, pharmacy permit number and DEA registration number of the transferor pharmacy; b. The name, address, permit number, DEA registration number (if available), and authorized business activity of the transferee entity; c. The date on which the transfer will occur; and d. A complete inventory of all medicinal drugs within the provisions of section 893.03, Florida Statutes, as of the date of transfer. DOH v. Richard Sprys, R.Ph. 6 DOH Case No. 2019-47599 20. As set forth above, the Permittee failed to provide the Board with all required information prior to transferring ownership of its medicinal drugs. 21. Based on the foregoing, Respondent violated section 456.072(1)(k), through a violation of section 465.022(11)(a), by failing to ensure the Permittee’s compliance with rule 64B16-28.203. [Remainder of page intentionally left blank.] DOH v. Richard Sprys, R.Ph. 7 DOH Case No. 2019-47599 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 23rd day of July, 2020. Scott A. Rivkees, MD State Surgeon General FILED DEPARTMENT OF HEALTH By: /s/Andrew J. Pietrylo, Jr. DEPUTY CLERK . Andrew J. Pietrylo, Jr. CLERK: Zacdper Chater Assistant General Counsel DATE: July 23, 2020 FL DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar Number 118851 (P) (850) 558-9905 (F) (850) 245-4662 (E) Andrew. Pietrylo@flhealth.gov PCP Meeting: July 23, 2020 PCP Members: Weizer & Wright DOH v. Richard Sprys, R.Ph. 8 DOH Case No. 2019-47599 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. Richard Sprys, R.Ph. 9 DOH Case No. 2019-47599

Docket for Case No: 20-004225PL