DEPARTMENT OF HEALTH, STATE OF FLORIDA DEPARTMENT OF HEALTH PETITIONER, v. CASE NO. 2018-19959 ALEXANDER EVANS, R.P.T, RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner Department of Health (Department) files this Administrative Complaint before the Board of Pharmacy (Board) against Respondent Alexander Evans, R.P.T., and in support thereof alleges: 1. Petitioner is the state agency charged the practice of pharmacy technicians pursuant to Chapters 20, 456, and 465, Florida Statutes (2018). 2. At all times material to this Complaint, Respondent was licensed to as a registered pharmacy technician within the State of Florida, having been issued license number RPT 70383. 3. At all times material to this Complaint, Respondent's address of record was 1603 Red Cedar Drive, #21, Fort Myers, Florida 33907. 4. At all times material to this Complaint, Respondent worked at
Cypress Pharmacy, located in Fort Myers, Florida., 5. On or about August 3, 2018, Respondent possessed a used Dilaudidi injection and/or two fentanyl2 patches. 6. Respondent stole the Dilaudid and/or fentanyl from Cypress Pharmacy. 7. On or about August 6, 2018, Respondent possessed one tablet of amphetamine3 and/or approximately six tablets of oxycodone.4 Count I 8. Petitioner re-alleges and incorporates paragraphs one through nine as if fully set forth herein. 9. Section 465.016(1)(e), Florida Statutes (2018), authorizes the 1 Dilaudid is the brand name for hydromorphone and is prescribed to treat pain. According to Section 893.03(2), Florida Statutes (2018), hydromorphone 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 hydromorphone may lead to severe psychological or physical dependence. 2 Fentanyl is prescribed to treat pain. According to Section 893.03(2), Florida Statutes (2018), fentanyl 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 fentanyl may lead to severe psychological or physical dependence. 3 According to Section 893.03(2), Florida Statutes (2018), amphetamine 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 amphetamine may lead to severe psychological or physical dependence. 4 Oxycodone is commonly prescribed to treat pain. According to Section 893.03(2), Florida Statutes (2018), oxycodone 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 oxycodone may lead to severe psychological or physical dependence.
Board to impose discipline against a licensee for violating Chapter 893, Florida Statutes (2018). 10. Section 893.13, Florida Statutes (2018), states in pertinent part: (6)(a) 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 authorized by this chapter... 11. Respondent violated Section 893.13(6)(a), Florida Statutes (2018), when he was in actual or constructive possession of fentanyl, oxycodone, and/or amphetamine, all controlled substances, without a lawful purpose. 12. Based on the foregoing, Respondent violated Section 465.016(1)(e), Florida Statutes (2018). Count II 13. Petitioner re-alleges and incorporates paragraphs one through nine as if fully set forth herein. 14. Section 456.072(1)(m), Florida Statutes (2018), authorizes the Board to impose discipline against a licensee 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. 15. Respondent employed a trick or scheme in or related to the practice of a profession by stealing Dilaudid and/or fentanyl, from Cypress Pharmacy. 16. Based on the foregoing, Respondent violated Section 456.072(1)(m), Florida Statutes (2018). WHEREFORE, Petitioner respectfully requests that the Board 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 Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. [Remainder of Page Intentionally Left Blank] Dept of Health v. Alexander Evans, R.P.T.
SIGNED this 11 day of oner, 2018. Celeste Philip, M.D., M.P.H. Surgeon General and Secretary CLERK DATE FILED DEPADEPU ME OF HEALTH RT NT TY CLERK 0.ASAr ei ta 2015 Kristen M. Summers Assistant General Counsel FL DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar Number 112206 (T) (850) 558-9909 (F) (850) 245-4662 (E) Kristen.Summers@flhealth.gov PCP Meeting: October 18, 2018 PCP Members: Debra Glass and Jeenu Philip
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, pursuant to Rule 28-106.111(2), Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this, Respondent waives the right to request a hearing on the facts alleged in this 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. 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 any other discipline imposed.