STATE OF FLORIDA - - BOARD OF PHARMACY

Transcription

1 Final Order No. DOH F 1 - MQA FILED DATE - f-qaoti Department of Health STATE OF FLORIDA - - BOARD OF PHARMACY By. Deput gency Clerk Csat DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO.: CHARITY LYNN WEBB, R.P.T., RESPONDENT. LICENSE NO.: RPT FINAL ORDER (2), FLA. STAT. DISCIPLINARY HEARING This matter appeared before the Board of Pharmacy (herein after Board) at a duly-noticed public meeting held on December 12, 2018, in Lake Mary, Florida, pursuant to sections and (2), Florida Statutes, for a hearing not involving disputed issues of material fact. Petitioner has filed an Administrative Complaint seeking disciplinary action against the licensee (Exhibit A). Petitioner has filed a Motion for Determination of Waiver and Entry of Final Order. Respondent was not present nor represented by counsel. Upon consideration, it is ORDERED: MOTION FOR WAIVER 1. Petitioner properly served the Administrative Complaint (5), Fla. Stat. Respondent failed to timely file a response to the Administrative Complaint within 21 days of being served with the Administrative Complaint as required by law and rule (2)(c), Fla. Stat.; Fla. Admin. Code R (2). Based on the aforementioned, the Respondent has waived the right to a hearing involving disputed issues of material fact pursuant to the provisions of sections (1) and (1), Florida Statutes. Fla. Admin. Code R (4).

2 2. Therefore, the facts in this cause are deemed admitted. Trisha's One Stop v. Off. of Financial Reg., 130 So. 3d 285, 287 (Fla. 1st DCA 2014). FINDINGS OF FACT 3. The facts in this cause are not in dispute and are deemed admitted. However, the Petitioner has chosen not to move forward with prosecuting Count II of the Administrative Complaint. 4. Therefore, the allegations of fact set forth in the Administrative Complaint as to Count I only are approved, adopted, and incorporated herein by reference as the findings of fact of the Board. CONCLUSIONS OF LAW 5. The Conclusions of law alleged in the Administrative Complaint as to Count I only are approved, adopted, and incorporated herein by reference as the conclusions of law of the Board. DISCIPLINE 6. Based on the Findings of Fact and Conclusions of Law, the violation as to Count I in the Administrative Complaint warrants discipline. WHEREFORE, IT IS ORDERED AND ADJUDGED: That the Respondent is found in violation of Count I in the Administrative Complaint and Count II is dismissed and the Respondent's license is hereby revoked. THIS FINAL ORDER SHALL BECOME EFFECTIVE UPON FILING WITH THE CLERK OF THE DEPARTMENT OF HEALTH.

3 DONE AND ORDERED this 7 (I day of /IVA (7/, BOARD OF PHARMACY te, MBA, Executive Director ehalf ofjeenu Philip, BPharm, Chair NOTICE OF APPEAL RIGHTS PURSUANT TO SECTION FLORIDA STATUTES, A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW UNLESS WAIVED. PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF THE NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DEPARTMENT OF HEALTH AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEALS, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Certified Mail to Charity Lynn Webb, 3373 John Holt Road, Wauchula, FL and 580 Webb Road, Wauchula, FL and 310 Hancock Road, Wauchula, FL 33873; and by electronic mail to David D. Flynn, Assistant Attorney General, david.flynn@myfloridalegal.com; and Christopher Jurich, Assistant General Counsel, Department of Health, 1 1 christopher.jurich@flhealth.com this...zday of, Certified Article Number SENDER'S RECORD " Charity L. Webb 3373 John Holt Road Wauchula, FL Certified Article Number SENDER'S RECORD dill'idikili" ii h Charity L. Webb 580 Webb Road Wauchula, FL DEPUTY AG CY CLERK Certified Article Number SENDER'S RECORD "11111'111, i,1 Charity L. Webb 310 Hancock Road Wauchula, FL 33873

4 DEPARTMENT OF HEALTH, STATE OF FLORIDA DEPARTMENT OF HEALTH PETITIONER, v. CASE NO CHARITY LYNN WEBB, R.P.T., RESPONDENT. I ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Pharmacy against Respondent, Charity Lynn Webb, R.P.T., 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 registered pharmacy technician within the state of Florida, having been issued registration number RPT EXHIBIT -1\\

5 3. Respondent's address of record is 3373 John Holt Road, Wauchula, Florida Respondent's additional mailing address is 580 Webb Road, Wauchula, Florida On or about April 22, 2017, Respondent was arrested following a traffic stop In Wauchula, Florida. 6. Law enforcement officers found 16 grams of methamphetamine on the person of J.M.,.the driver of the vehicle and the boyfriend of Respondent. 7. According to Section (2), Horida Statutes, methamphetamine is a Schedule II controlled substance that has a high potential for abuse and, has a currently accepted but severely restricted medical use in treatment in the United States. Abuse of methamphetamine may lead to severe psychological or physical dependence. 8. Respondent admitted to law enforcement officers that the methamphetamine on J.M.'s person belonged to her. 9. Law enforcement officers also found a pipe with methamphetamine residue in Respondent's possession. DOH v. Charity Lynn Webb, R.P.T. 2 DON Oise No

6 10. At all times material to this Administrative Complaint, Respondent did not lawfully obtain methamphetamine from a practitioner or pursuant to a valid prescription or order of a practitioner while acting In the course of his or her professional practice. COUNT ONE 11. Petitioner realleges and Incorporates paragraphs one through ten 'as if fully set forth herein. 12. Section (1)(e), Florida Statutes (2016), provides that violating Chapter 893, Florida Statutes, constitutes grounds for disciplinary action. 13. Section (6)(a), Florida Statutes (2016), provides that a person may not be In actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice or to be in actual or constructive possession of a controlled substance except as otherwise authorized by this chapter. 14. On or about April 22, 2017, Respondent was in constructive possession of methamphetamine, a controlled substance, that was not DOH v. Charity Lynn Webb, R.P.T. 3 DOH Case No

7 lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner. 15. Based on the foregoing, Respondent has violated Section (1)(e), Florida Statutes (2016), by and through a violation of Section (6)(a), Florida Statutes (2016). COUNT TWO 16. Petitioner realleges and incorporates paragraphs one through ten as if fully set forth herein. 17. Section (1)(e), Florida Statutes (2016), provides that violating Chapter 893, Florida Statutes, constitutes grounds for disciplinary action. 18. Section (1)(b), Florida Statutes (2016), provides that it is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter. 19. On or about April 22, 2017, Respondent was in possession of a pipe used or intended to be used to inhale methamphetamine, a controlled substance. DOH v. Charity Lynn Webb, R.P.T. 4 DOH Case No

8 20. Based on the foregoing, Respondent has violated Section (1)(e), Florida Statutes (2016), by and through a violation of Section (1)(b), Florida Statutes (2016). [ remainder of page Intentionally left blank] DOH V. Charity Lynn Webb, R.P.T. 5 DOH Caw No

9 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 aartri day of AitarK)A Celeste Philip, M.D., M.P.H. Surgeon General and Secretary CLERK: FLED DEPARTMENT OF HOLM DEPUTY CLERK DATE MAR A- CHRISTOPHER A. JURI 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: March 22, 2018 PCP Members: Michele Weizer, Jeenu Philip DOH v. Charity Lynn Webb, R.P.T. 6 DOH Case No

10 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)1 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 discipline imposed. DOH v. Chanty Lynn Webb, R.P.T. 7 DOH ease No

11 Mission: To protect, promote & improve the health of all people in Florida through integrated state, county & community efforts. Rick Scott Governor Celeste Philip, MD, MPH State Surgeon General and Secretary Vision: To be the Healthiest State in the Nation MEMORANDUM DATE: January 3, 2019 TO: FROM: SUBJECT: Mark Whitten, Bureau Chief Bureau of Health Care Practitioner Regulation C. Erica White, MBA, JD, Executive Director Boards of Pharmacy, Orthotists & Prosthetists, and Podiatric Medicine Delegation of Authority This is to advise you that while I am out of the office January 4, 2019, and January 7, 2019, Eric Pottschmidt, Program Operations Administrator, has delegated authority to serve as Acting Executive Director for the Boards of Pharmacy, Orthotists & Prosthetists, and Podiatric Medicine. Mr. Pottschmidt is available by phone at (850) I will return to the office on Tuesday, January 8, cc: Executive Directors Board Staff Florida Department of Health Division of Medical Quality Assurance Bureau of Health Care Practitioner Regulation Board of Pharmacy 4052 Bald Cypress Way, Bin C-04 Tallahassee, FL PHONE: FAX FloridaHealth.gov Accredited Health Department Public Health Accreditation Board