STATE OF FLORIDA BOARD OF PHARMACY

Transcription

1 Final Order No. DOH MQA FILED DATE - AUG Dep tytt of Health STATE OF FLORIDA BOARD OF PHARMACY Deputy Agency Clerk DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO.: LICENSE NO.: PH GIRASOL PHARMACY & DISCOUNT, INC., RESPONDENT. FINAL ORDER DISCIPLINARY RELINQUISHMENT OF LICENSE THIS CAUSE came before the Board of Pharmacy (hereinafter the "Board") pursuant to Section (4), Florida Statutes, on August 16, 2017, in Ft. Lauderdale, Florida, for consideration of Respondent's tendered Voluntary Relinquishment of License (attached hereto as Exhibit "A" and incorporated herein by reference). Upon consideration of the Voluntary Relinquishment instrument, the documents submitted in support thereof, and being otherwise advised in the premises, IT IS HEREBY ORDERED AND ADJUDGED that the Voluntary Relinquishment of License, as submitted, is hereby approved and adopted in toto and incorporated by reference as the disposition in this proceeding. THIS FINAL ORDER SHALL TAKE EFFECT UPON BEING FILED WITH THE CLERK OF THE DEPARTMENT OF HEALTH. I St- DONE AND ORDERED this 4- I day of LIS Lid-, 2017.

2 BOARD OF PHARMACY C. Erica White, MBA, JD Executive Director On Behalf of Mark W. Mikhael, PharmD, Chair NOTICE OF RIGHT TO JUDICIAL REVIEW UNLESS WAIVED A PARTY WHO IS ADVERSELY AFFECTED BY THIS ORDER IS ENTITLED TO JUDICIAL REVIEW, UNLESS WAIVED, PURSUANT TO SECTION , FLORIDA STATUTES. 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 Final Order has been provided by U.S. Mail to Girasol Pharmacy & Discount, Inc., 501 Krome Avenue, Homestead, Florida 33030; and by electronic mail to Christopher Jurich, Assistant General Counsel, Prosecution Services Unit, christopher.jurich@flhealth.com, and to David D. Flynn, Assistant Attorney General, Department of Legal Affairs, david.flynn@myfloridalegal.com this ZS--rt day of OtATt, DEPUTY AGENCY CLERK

3 null Page 1 of 3 DEPARTMENT OF HEALTH, Petitioner, STATE OF FLORIDA DEPARTMENT OF HEALTH FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERKRINV aujilla, DATE: APR v. DOH Case No GIRASOL PHARMACY & DISCOUNT, INC. Respondent. I VOLUNTARY RELINOUISHMENT OF LICENSE Respondent GIRASOL PHARMACY & DISCOUNT, INC., license No. PH28434 and through its owner/officer NOELVIS LIMA VALDES hereby voluntarily relinquishes Respondent's license to practice as a community pharmacy in the State of Florida and states as follows: 1. Respondent's purpose in executing this Voluntary Relinquishment is to avoid further administrative action with respect to this cause. Respondent understands that acceptance by the Board of Pharmacy of this Voluntary Relinquishment shall be construed as disciplinary action against Respondent's license pursuant to Section (1)(f), Florida Statutes. As with any disciplinary action, this relinquishment will be reported to the National Practitioner Data Bank as disciplinary action. Licensing authorities in other states may impose discipline in their jurisdiction based on discipline taken in Florida. 2. Respondent agrees to never reapply for licensure as a Community Pharmacy in the State of Florida. 3. Respondent agrees to voluntarily cease practicing as a Community Pharmacy immediately upon executing this Voluntary Relinquishment. Respondent further agrees to refrain from the practice of Community Pharmacy until such time as this Voluntary 8/23/2017

4 null Page 2 of 3 Relinquishment is presented to the Board and the Board issues a written final order in this matter. 4. In Order to expedite consideration and resolution of this action by the Board in a public meeting, Respondent, being fully advised of the consequences of so doing, hereby waives the statutory privilege of confidentiality of Section (10), Florida Statutes, regarding the complaint, the investigative report of the Department of Health, and all other Information obtained pursuant to the Department's Investigation in the above-styled action. By signing this waiver, Respondent understands that the record and complaint become public record and remain public record and that information is immediately accessible by the public. Respondent understands that this waiver of confidentiality Is a permanent, non-revocable waiver. 5. In order to expedite consideration and resolution of this action by the Board in a public meeting, Respondent, being fully advised of the consequences of so doing hereby waives a determination of probable cause, by the Probable Cause Panel, or the Department when appropriate, pursuant to Section (4), Florida Statutes. 6. Upon the Board's acceptance of this Voluntary Relinquishment, Respondent agrees to waive all rights to seek judicial review of, or to otherwise challenge or contest the validity of, this Voluntary Relinquishment and of the Final Order of the Board incorporating this Voluntary Relinquishment. 7. Petitioner and Respondent hereby agree that upon the Board's acceptance of this Voluntary Relinquishment, each party shall bear its own attorney's fees and costs related to the prosecution or defense of this matter. 8/23/2017

5 null Page 3 of 3 8. Respondent authorizes the Board to review and examine all investigative file materials concerning Respondent in connection with the Board's consideration of this Voluntary Relinquishment. Respondent agrees that consideration of this Voluntary Relinquishment and other related materials by the Board shall not prejudice or preclude the Board, or any of Its members, from further participation, consideration, or resolution of these proceedings if the terms of this Voluntary Relinquishment are not accepted by the Board., DATED this t day of AP-K-CL., GIRASOL PHARM CY & DISCOUNT, INC. By and through its Owner/Officer NOELVIS LIMA VALDES STATE OF rt&fe' 411 "' COUNTYOF CUK(Am ni>coe- Before me, personally appeared 1 14)X0 I kisql WhOSe identity is known to me or who produced (type of identification) and who, under oath, acknowledges that his signature appears above. Sworn to and subscribed before me this k r3-4i day of, My Commission Expires: 1ck,4' IL11111 'r tro Y PUBLIC :4. OrrYlIKACNI NJOKU NWAGE Rue Al MY COMMISSION # 1: EXPIRES September /23/2017

6 null Page 1 of 1 STATE OF FLORIDA DEPARTMENT OF HEALTH INVESTIGATIVE REPORT HEALTH Office: Miami Area XI Date of Complaint: 01/27/2017 Case Number: Subject: GIRASOL PHARMACY & DISCOUNT, INC. 501 KROME AVE HOMESTEAD, FL (786) Profession: Pharmacy Source: FLORIDA DEPARTMENT OF HEALTH/ INVESTIGATIVE SERVICES UNIT/MIAMI License Number and Status: PH28434 / DELINQUENT Related Case(s): None Period of Investigation and Type of Report: 01/27/2017 to 03/15/2017 Final Report Alleged Violation: SS (k)(dd), (1)(c), F.S., and rules 64B , 64B B , F.A.C. Synopsis: This Investigation is predicated upon an internally generated complaint received from the Florida Department of Health Investigative Services Unit in Miami. The complaint alleges GIRASOL PHARMACY & DISCOUNT, INC. closed without notifying the Board of Pharmacy. The complainant went to conduct an inspection of GIRASOL PHARMACY & DISCOUNT, INC. and discovered that the pharmacy was vacated. No medication was left behind. The Prescription Department Manager (PDM) on record dropped on 02/01/2016. rs Yes No Subject Notification Completed? 0 Yes No Subject Responded? Yes.. No Patient Notification Completed? N Yes No Above referenced licensure checked in database/leids? 0 Yes Z No Board certified? Name of Board: Date: Specialty: Law Enforcement Notified Date: Involved Agency: Yes No Subject represented by an attorney? Attorney information: Investigator/Date: Y.-zz:- Silvio Quintana, MQA Investigator 04/18/2017 Approved By/Date: Carlos Suarez, Investigations Supervisor 04/18/ Distribution: HQ/ISU Page 1 8/23/2017