STATE OF FLORIDA DEPARTMENT OF HEALTH

Transcription

1 Final Order No. DOH FILED Dr,T N'0 STATE OF FLORIDA DEPARTMENT OF HEALTH In Re: The Emergency Suspension of the License of ORDER OF EMERGENCY SUSPENSION OF LICENSE Celeste Philip, M.D., M.P.H., State Surgeon General, ORDERS the emergency suspension of the license of, (Mr. Owens) to practice as a pharmacist in the State of Florida. Mr. Owens holds license number PS Mr. Owens' address of record is 135 Harbor Drive, Palm Harbor, Florida The following Findings of Fact and Conclusions of Law support the emergency suspension of Mr. Owens' license to practice as a pharmacist in the State of Florida. FINDINGS OF FACT 1. The Department of Health (Department) is the state agency charged with regulating the practice of pharmacy pursuant to Chapters 20, 456, and 465, Florida Statutes (2017). Section (8), Florida Statutes (2017), authorizes the State Surgeon General to summarily suspend Mr. Owens' license to practice as a pharmacist in the State of Florida, in accordance with Section (6), Florida Statutes (2017). 2. At all times material to this Order, Mr. Owens was licensed as a

2 pharmacist in the State of Florida, pursuant to Chapter 465, Florida Statutes. 3. At all times relevant to this Order, Mr. Owens was employed with CVS Pharmacy, located in Dunedin, Florida. 4. On or around August 28, 2017, CVS loss prevention manager J.L. became aware that a reconciliation report indicated that this CVS location was experiencing losses of tramadol 50mg tablets. 5. Tramadol, commonly known by the brand name Ultram, is an opioid-class narcotic medication prescribed to treat pain. According to Title 21, Section , Code of Federal Regulations, tramadol is a Schedule IV controlled substance. Tramadol, like all opioid-class drugs, can affect mental alertness, is subject to abuse, and can be habit forming. 6. On October 12, 2017, J.L. installed covert surveillance cameras in the pharmacy area. 7. On October. 18, 2017, J.L. ran another reconciliation report, which showed a variance of 36 missing tramadol tablets. 8. On October 19, 2017, J.L. reviewed the video footage from the surveillance cameras. 9. The video footage showed that on October 14, 2017, Mr. Owens removed a bottle of tramadol from the shelf, placed a few tablets in his hand, 2

3 and then consumed them with a drink of Mountain Dew soda. 10. The video footage also showed that on October 15, 2017, Mr. Owens removed a bottle of tramadol from the shelf, placed tablets in a vial, then moved the vial out of the view of the camera. No tramadol 50mg tablets were dispensed that day nor were the tablets returned to the stock bottle from which Mr. Owens had removed them. 11. On October 27, 2017, J.L. and other CVS management staff interviewed Mr. Owens. 12. Mr. Owens initially denied taking any tramadol, but then admitted that he first took a couple of tablets in June, Mr. Owens then admitted to taking tramadol tablets between June and October, CVS contacted the Pinellas County Sheriff's Office (PCSO), and two deputies responded to the store. 15. One PCSO deputy waited with Mr. Owens while another deputy interviewed J.L.. Mr. Owens spontaneously stated to the deputy that, "I took 24 tablets without paying for them." 16. The second PCSO deputy advised Mr. Owens of his Miranda' rights, 1 The doctrine that a criminal suspect in police custody must be informed of certain constitutional rights before being interrogated. The suspect must be advised of the right to remain silent, the right to have an attorney 3

4 after which Mr. Owens again admitted taking 1-2 tramadol tablets at a time over several weeks, totaling 24 tablets. 17. CVS' investigation revealed that 875 tramadol tablets were missing from the store for the period of April 30, 2017 through October 27, However, Mr. Owens denied taking that many tablets. 18. One of the PCSO deputies asked Mr. Owens if he felt he was addicted to tramadol. After initially denying it, Mr. Owens reluctantly agreed he may have a problem. 19. Mr. Owens was arrested and charged with grand theft of a controlled substance and possession of a controlled substance in Pinellas County Circuit Court case number 2017-CF Those charges are currently pending resolution. 20. On November 2, 2017, a Department investigator hand delivered a letter notifying Mr. Owens of the Department's investigation to Mr. Owens at his home. Mr. Owens declined to provide a statement to the investigator. As the investigator was walking away to leave, Mr. Owens spontaneously stated, "They have been trying to get rid of me for years, I only took around twenty tablets." present during questioning, and the right to have an attorney appointed if the suspect cannot afford one. If the suspect is not advised of these rights or does not validly waive them, any evidence obtained during the interrogation cannot be used against the suspect at trial (except for impeachment purposes). Miranda v. Arizona, 384 U.S. 436, 86 S.Ct (1966). MIRANDA RULE, Black's Law Dictionary (10th ed. 2014) 4

5 21. Pharmacists are responsible for dispensing legend drugs and controlled substances to the public. Because of the nature of their position, pharmacists have unfettered access to highly addictive and potentially dangerous medications. Pharmacists are entrusted with the important tasks of ensuring that these medications are counted and dispensed in a safe manner and only to authorized patients. 22. Mr. Owen's theft and consumption of controlled substances from CVS Pharmacy while working as a pharmacist, admissions to taking tramadol tablets, admission that he may have a problem, and his arrest for possession of a controlled substance and grand theft of a controlled substance indicate that Mr. Owens is lacking the judgement and moral character needed to practice as a pharmacist in the State of Florida. 23. Mr. Owens' lack of good judgement and moral character, his blatant disregard for the rules regulating his profession, his admission to having a problem, and his theft and consumption of at least 24 tramadol tablets over an extended period of time represents a significant likelihood that Mr. Owens will continue his illegal behavior. This probability constitutes an immediate, serious danger to the health, safety, and welfare of the citizens of the State of Florida. 24. Restricting Mr. Owens' license would not adequately protect the 5

6 public because the very nature of practicing as a pharmacist would have Mr. Owens in contact with legend drugs and controlled substances, creating the risk of further theft of the drugs. As a result, nothing short of the immediate suspension of Mr. Owens' license to practice as a pharmacist will protect the public from this danger. CONCLUSIONS OF LAW Based on the foregoing Findings of Fact, the State Surgeon General concludes as follows: 1. The State Surgeon General has jurisdiction over this matter pursuant to Sections and (8), Florida Statutes (2017), and Chapter 465, Florida Statutes (2017), as set forth above. 2. Section (1)(m), Florida Statutes (2017), subjects a pharmacist to discipline, including suspension, for making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession. 3. Mr. Owens violated Section (1)(m), Florida Statutes (2017), by employing a trick or scheme to acquire tramadol in the course of practicing his profession as a pharmacist. 6

7 4. Section (1)(i), Florida Statutes (2017), subjects a pharmacist to discipline, including suspension, for compounding, dispensing, or distributing a legend drug, including any controlled substance, other than in the course of the professional practice of pharmacy. 5. Mr. Owens violated section (1)(i), Florida Statutes (2017), by dispensing tramadol to himself other than in the course of the professional practice of pharmacy. 6. Section (6), Florida Statutes (2017), authorizes the State Surgeon General to summarily suspend a pharmacist's license upon a finding that the pharmacist presents an immediate, serious danger to the public health, safety, or welfare. 7. Mr. Owens' continued unsuspended practice as a pharmacist constitutes an immediate, serious danger to the health, safety, or welfare of the citizens of the State of Florida, and this summary procedure is fair under the circumstances to adequately protect the public. WHEREFORE, in accordance with Section (6), Florida Statutes (2017), it is ORDERED THAT: 1. The license of, number PS 21828, to practice as a pharmacist is immediately suspended. 7

8 2. A proceeding seeking formal discipline of the license of Robert R. Owens, R.Ph., to practice as a pharmacist in the State of Florida will be promptly instituted and acted upon in compliance with Sections and (6), Florida Statutes (2017). DONE and ORDERED this day f 201i. PREPARED BY: Keith Humphrey Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL Florida Bar Number (T) (850) (F) (850) (E) Keith.Humphrey@flhealth.gov Celeste Philip, M.D., M.P.H. IV/Surgeon General and Secretary 8

9 NOTICE OF RIGHT TO JUDICIAL REVIEW Pursuant to Sections (6), and , Florida Statutes, the Department's findings of immediate danger, necessity, and procedural fairness shall be judicially reviewable. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing a Petition for Review, in accordance with Florida Rule of Appellate Procedure 9.100, and accompanied by a filing fee prescribed by law with the District Court of Appeal, and providing a copy of that Petition to the Department of Health within thirty (30) days of the date this Order is filed. 9