STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2015-18940 VIRGINIA K. PULLEN, P.A., | RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner Department of Health files this Administrative Complaint before the Board of Medicine against Respondent Virginia K. Pullen, P.A., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of Medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 458, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed physician assistant within the State of Florida, having been issued license number PA 9104277. 3. | Respondent's address of record is 119 Heritage Circle, Panama City Beach, Florida 32407. DOH v. Virginia K. Pullen, P.A.; Case Number 2015-18i940 1 4. Section 458.347(7)(g), Florida Statutes (2014-2015), provides that the Board of Medicine may impose penalties authorized under Sections 456.072 and 458.331(2), Florida Statutes, upon a physician assistant if the physician assistant has been found guilty of, or is being investigated for, any act that constitutes a violation of Chapter 456 or Chapter 458. 5. In or about 2015, the Department was notified by the Drug Enforcement Administration (‘DEA”) that Respondent, a physician assistant, and the owner of Beach Medical Express had been obtaining pre-signed blank prescription pads. 6. | According to Respondent, some of the prescriptions were to be used to prescribe controlled substances to patients at Beach Medical Express in Panama City, Florida. 7. Respondent admitted to regularly scheduling similar meetings with a doctor to obtain pre-signed prescription pads to be used to prescribe controlled substances to patients. 8. | The pre-signed prescription pads were given to the Respondent, and/or someone meeting a doctor on behalf of the Respondent, during regular meetings arranged by Respondent and the doctor. DOH v. Virginia K. Pullen, P.A.; Case Number 2015-181940 2 9. Section 458.331(1)(nn), Florida Statutes (2014), subjects a licensee to discipline for violating any provision of Chapters 456 or 458, Florida Statutes, or any rules adopted pursuant to Chapters 456 or 458. 10. Rule 64B8-30.008(1)(a), Florida Administrative Code (2014), provides that physician assistants are not authorized to prescribe controlled substances. 11. Based on the foregoing, Respondent violated Section 458.331(1)(nn), Florida Statutes (2014), by prescribing controlled substances in violation of Rule 64B-30.008(1)(a) on one or more occasions in 2015. WHEREFORE, Petitioner respectfully requests that the Board of Medicine 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. (Signature appears on following page) DOH v. Virginia K. Pullen, P.A.; Case Number 2015-18i940 3 SIGNED this 16t FILED Department Of Health Deputy Clerk CLERK = Angel Sanders DATE MAY 1 6 2016 MJW PCP: May 13, 2016 day of ss May, 2016. Celeste Phillip, MD, MPH Interim Sate Surgeon General Michaels. Williams Michael J. Williams Assistant General Counsel Florida Bar Number 109786 DOH-Prosecution Services Unit 4052 Bald Cypress Way-Bin C-65 (850) 245-4640, Ext. 8119 (850) 245-4684 FAX E-Mail: Michael.Williams2@flhealth.org PCP Members: Mark Avila, M.D.; Bernardo Fernandez, M.D.; Joy Tootle DOH v. Virginia K. Pullen, P.A.; Case Number 2015-18i940 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. 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. Virginia K. Pullen, P.A.; Case Number 2015-18i940 5

Docket for Case No: 21-000924PL