STATE OF FLORIDA BOARD OF PHARMACY

Transcription

1 STATE OF FLORIDA BOARD OF PHARMACY Final Order No. DOH ' -MQA FILED DATE - MAR Depa e.f Health 11 puty Agency Clerk DEPARTMENT OF HEALTH, PETITIONER, v. FIS CARE PHARMACY, RESPONDENT. CASE NO.: LICENSE NO.: PH FINAL ORDER APPROVING SETTLEMENT AGREEMENT THIS CAUSE came before the Board of Pharmacy (hereinafter the "Board") pursuant to Section (4), Florida Statutes, on February 6, 2019, in Tallahassee, Florida, for consideration of a Settlement Agreement (attached hereto as Exhibit A) entered into between the parties in the abovestyled cause. Upon consideration of the Settlement Agreement, the documents submitted in support thereof, and being otherwise advised in the premises, it is hereby Ordered and Adjudged: 1. The Settlement Agreement as submitted is hereby approved, adopted, and incorporated herein by reference. Accordingly, the parties shall adhere to and abide by all the terms of the Settlement Agreement. 2. Costs of investigation and prosecution are $ This Final Order shall take effect upon being filed with the Clerk of the Department of Health. DONE AND ORDERED this day of ILIPI2Cr), B S ARD 0 PHARMACY Je On old, Acting Executive Director f Jeffrey Mesaros, Pharm.D., Chair

2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been provided by U.S. Mail to FISs Care Pharmacy do Nathan P. Diamond, Esquire, 888 Biscayne Blvd. Suite 501, Miami, FL 33132; and via electronic mail to Christopher Jurich, Assistant General Counsel, Prosecution Services Unit, christopher.jurich@flhealth.gov; and to David D. Flynn, Assistant Attorney General, Department of Legal Affairs, david.flynn@myfloridalegal.com this tif.k day of(nice a \, DEPUTY AGENCY CLERK

3 Mission: To protect, promote & improve the health of all people in Florida through integrated state, county & community efforts. rtitim HEALTH Vision: To be the Healthiest State in the Nation Ron DeSantis Governor MEMORANDUM DATE: January 23, 2019 TO: FROM: Mark Whitten, Bureau Chief Board of Pharmacy, Board of Podiatric Medicine and Board of Orthotists and Prosthetists SUBJECT: Delegation of Authority This is to advise that Jennifer Wenhold, Executive Director, has delegated authority to serve as Interim Executive Director for the Board of Pharmacy, Board of Podiatric Medicine and Board of Orthotists and Prosthetists until further notice. Jennifer Wenhold is available by phone at (850) cc: Executive Directors Board Staff Florida Department of Health Division of Medical Quality Assurance Board of Pharmacy, 4052 Bald Cypress Way, Bin C-04,Tallahassee, FL PHONE: 850/ FAX: 850/ FloridaHealth.gov Accredited Health Department Public Health Accreditation Board

4 1060 DEPARTMENT OF HEALTH, STATE OF FLORIDA DEPARTMENT OF HEALTH PETITIONER, V. CASE NO FIS'S CARE PHARMACY, RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Pharmicy against Respondent, As's Care Pharmacy, 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, Honda 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 PH21464.

5 Respondent's address of record is S.W. 136 Street, Suite 27, Miami, Florida The Agency for Health Care Administration ("AHCA") is the state agency responsible for the implementation of the Florida Medicaid program. 5. On or about August 22, 2018, AHCA issued a Termination Final Order, whereby terminating Respondent's participation in the Florida Medicaid program with cause. 6. Section (1)(kk), Florida Statutes (2018), provides that being terminated from the state Medicaid program pursuant to s , any other state Medicaid program, or the federal Medicare program, unless eligibility to partidpate in the program from which the practitioner was terminated has been restored, constitutes grounds for disciplinary action. 7. Respondent was terminated from the state Medicaid program. 8. Based on the foregoing, Respondent has violated Section (1)(kk), Florida Statutes (2018). DOH v. Fist Care Pharmacy DOH Case No

6 1062 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 19 -frit day of Alovem.er, Celeste Philip, M.D., M.P.H. State Surgeon General and Secretary CLERK: FILED DEPARTMENT OF HEALTH DEPUTY CLERK Asti Iscriars DATE: Nov CHRISTOPHER A. JU Assistant General Counsel Fla. Bar No Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL Telephone: (850) Facsimile: (850) christopher.jurich@flhealth.gov PCP Meeting: November 15, 2018 PCP Members: Michele Weiner, Richard Montgomery DOH v. Res Care Pharmacy DON Case No

7 1063 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section and , 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 (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 (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 (5), Florida Administrative Code. Please note that mediation under Section , 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 (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 clisdpline imposed. DOH v. Res Care Pharmacy DOH Case No

8 1052 DEPARTMENT OF HEALTH, STATE OF FLORIDA DEPARTMENT OF HEALTH PETITIONER, v. CASE NO FIS'S CARE PHARMACY, RESPONDENT. SEMEMMEAGEtragMa Pursuant to Section (4), Florida Statutes, the parties offer this Settlement Agreement to the Board of Pharmacy (Board) as disposition of the Administrative Complaint, attached as Exhibit 1, in lieu of further administrative proceedings. STIPULATED EAM 1. At all times material to this matter, Fis's re Pharmacy was a permitted special dosed system pharmacy in the stale of Florida, having been issued permit number PH Respondent's mailing address of record is S.W. 136 Street, Suite 27, Miami, Florkla COMPOSITE EXHIBIT 4

9 Respondent was charged by an Admini tive Complaint, filed by the Department of Health (Department) and prperly served upon Respondent, with violations of Chapters 456 and 465, Florida Statutes. STIPULATED LAW 1. Respondent admits that Respondent is subject to the provisions of Chapters 456 and 465, Florida Statutes, and the jurisdiction of the Department. 2. Respondent admits that the allegations i the Administrative Complaint, if proven true, constitute violations of law and cause the Respondent to be subject to discipline by the Board of harmacy. PROPOSED DISPOSITION 1. Appearance- An institutional rep for Respondent shall be present when this Settlement Agreement is p nted to the Board and under oath shall answer all questions asked by Board concerning this case and its disposition. 2. Fine- The Board of Pharmacy shall Impose an administrative fine of TEN THOUSAND DOLLARS ($10,000.00) The fine shall be paid by Respondent to the Department of Hi a14, Compliance Management Unit, Bin C76, Post Office Box 320, Tallahassee, DOH v. Fist Care Pharmacy Case No.: 201&

10 1054 Florida , within one year from the date the Final Order approving and incorporating this Settlement Agreen nt (Final Order) is filed with the Department Clerk. 3. Ste- The Board of Pharmacy shall administrative costs associated with the investigation this matter in an amount not to exceed ONE impose the total, and prosecution of IOUSAND THREE HUNDRED FIFTY DOLLARS AND FIFTY-THREE CrINMS ($1,350.53). Total costs shall be assessed when the Settlement Agreement is presented to the Board. The costs shall be paid by Respondent the Department of Health, Compliance Management Unit, Bin C76, Post Office Box 6320, Tallahassee, Florida , within 90 days from the date the Final Order is filed with the Department Clerk. 4. felmji r cuffairmiffisionclo- At its sole expense, but without admitting any specific deficiency or viol Respondent shall immediately, or at least forthwith, correct and addr all deficiencies and violations listed or alleged in the Administrative Complaint, to the extent necessary to comply with Florida law. 5. Future Cgadgct- Respondent shall not 465, 499, or 893, Florida Statutes; the rules promulga date Chapters 456, pursuant thereto; DOH v. Res Care Pharmacy Case No.:

11 1055 or any other state or federal law, rule, or regulation ating to the practice or to the ability to practice pharmacy. 6. Violation of Terms- It is expressly unde that a violation of the provisions of this Settlement Agreement incorporated into the Final Order of the Board of Pha a violation of an order of the Board for which disdp initiated against Respondent pursuant to Chapter 465, 7. understood that this Settlement Agreement is subj as approved and cy shall constitute nary action may be orida Statutes. It is expressly to approval by the Board and has no force or effect until the Board incorporates the terms of this Settlement Agreement into its Anal Order. 8. EunmictAgrnmeat- This Settlement Agreement is executed by Respondent for the purpose of avoiding action with respect to this particular case. In this authorizes the Board to review and examine all i concerning Respondent prior to, or in conjunction the Settlement Agreement. Petitioner and Respond this Settlement Agreement at the time it is p shall offer no evidence, testimony, or argume other administrative regard, Respondent gative file materials h, consideration of t agree to support to the Board and that disputes or DOH v. Fis's Care Pharmacy Case No.:

12 1056 contravenes any stipulated fact or conclusion of law. Furthermore, should this Settlement Agreement not be accepted by the rd, it is agreed that the presentation and consideration of this Settlement Agreement and other documents and matters by the Board shall not unfairly or illegally prejudice the Board or any of its members from further participation, consideration, or resolution of these proceedings. 9. figimwhitcaddlljsmaifts Respondent and the Department fully understand that this Settlement Ag nt as approved and incorporated into the Final Order will not preclude additional proceedings by the Board or Department against Respondent for acts or omissions not specifically set forth in the Administrativ Complaint Waiver of Attorney's Fees and Costs- Respondent waives the right to seek any attorney's fees and costs from the Department in connection with this disciplinary proceeding. 11. waasziatyingabinallights- Respo nt waives all rights to further administrative procedure and to appeal and rther review of this Settlement Agreement and the Final Order. 12. Current Addresses- Respondent shall keep current their mailing address and his practice address with the Board of Pharmacy and DOH v. Rs's Care Pharmacy Case No.:

13 1057 the Compliance Officer and shall notify the Board Compliance Officer of any change of mailing add Pharmacy and the or practice address within ten (10) days of the change. 13. limcgfamlismcg- Time is of the nce in all respects concerning this agreement. [ Vnature pages follow]

14 1058 WHEREFORE, the parties request that the approving and incorporating this Settlement Agree rd enter a Final Order ent in resolution of this matter. SIGNED this Ma day of Fi.. law air In o Rep Fist re Phar Permit No. PH21 64 ntative for STATE OF COUNTY OF F2.01:2/V,49 /97/.9,77/- t)ra w Before me personally appearavisw"-e me or by zic.vmse. and who, under oath, acknowledges that his/her sig identity is known to type of identification), ature appears above. Sworn to and subscribed before me this / day of zectew)7.6e4z 201 s. Notary blic M Commission pires: DOH v. Hst Care Pharmacy Case No.:

15 1059 APPROVED this 134"k day of,201 8; Celeste Philip, M.D., M.P.H. State Surgeon Gene I and Secretary Christopher A. Juri Assistant General G unsel Counsel for Petitioner Christopher A. Jurich Florida Bar No Assistant General Counsel Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida Tel.: (850) Fax: (850) DOH v. Fish Care Pharmacy Case No.: ' 8