STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH,. PETITIONER, v. CASE NO. 2015-20054 JANELLE TRINETTE HUMPHREY, R.PH., RESPONDENT. 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, Janelle Trinette Humphrey, R.Ph., and in support thereof alleges: ' 1. Petitioner is the state department 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 Complaint, Respondent was a licensed pharmacist in the state of Florida, having been issued license PS 43179.
3. Respondent's address of record is 811 Westminster Drive, Orang Park, Florida 32073. 4. At all times material to this Administrative Complaint, Respondent was employed as a pharmacist at Rite-Mart Pharmacy ("Rite- Mare') located in Jacksonville, Florida. 5. At all times material to this Administrative Complaint, patient T.J. had a prescription for 12.0 tablets of hydrocodone acetaminophen 10/325mgl. 6. On or about January 25, 2015, Respondent told patient T.J. that Rite-Mart did not have enough hydrocodone acetaminophen 10/325mg in stock to completely fill T.J.'s prescription. 7. On or about January 25, 2015, patient T.J. was dispensed 110 tablets of hydrocodone acetaminophen 10/325mg pursuant to prescription number 2004516 instead of the prescribed 120 tablets. 8. Respondent documented in Rite-Mart's schedule II perpetual inventory form that 120 tablets of hydrocodone acetaminophen 10/325mg were dispensed pursuant to prescription number 2004516, but documented 1 According to Section 893.03(2), Florida Statutes (2012), hydrocodone 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 hydrocodone may lead to severe psychological or physical dependence. DOH v. Janette Trinette Humphrey, R.Ph. 2
that 110 tablets were dispensed to T.J. in Rite-Mart's electronic records system. 9. According to Rite-Mart's schedule II perpetual inventory form, at the time prescription number 2004516 was filled, Rite-Mart had approximately 280 tablets of hydrocodone acetaminophen 10/325mg in stock, more than enough to completely fill patient T.J.'s prescription. 10. At all times material to this Administrative Complaint, patient M.F. had a prescription for 120 tablets of hydrocodone acetaminophen 10/325mg. 11. On or about January 25, 2015, 100 tablets of hydrocodone acetaminophen 10/325mg were dispensed to patient M.F. pursuant to prescription number 2004566 instead of the prescribed 120 tablets. 12. Respondent documented on Rite-Mart's schedule II perpetual inventory form that 120 tablets of hydrocodone acetaminophen 10/325mg were dispensed pursuant to prescription number 2004566, but documented that 100 tablets were dispensed to M.F. in Rite-Mart's electronic records system. DOH v. Janelle Trinette Humphrey, R.Ph. 3
13. At all times material to this Administrative Complaint, patient E.D. had two prescriptions for 120 tablets each of hydrocodone acetaminophen 10/325mg. 14. On or about January 25, 2015, 110 tablets of hydrocodone acetaminophen 10/325mg were dispensed to patient E.D. pursuant to prescription number 2004459. 15. Respondent documented on Rite-Mart's schedule II perpetual inventory form that 120 tablets of hydrocodone acetaminophen 10/325mg were dispensed pursuant to prescription number 2004459, but documented that 110 tablets were dispensed to E.D. in Rite-Mart's electronic records system. 16. On or about January 25, 2015, 100 tablets of hydrocodone acetaminophen 10/325mg were dispensed to patient E.D. pursuant to prescription number 2004190. 17. Respondent documented on Rite-Mart's schedule II perpetual inventory form that 120 tablets of hydrocodone acetaminophen 10/325mg were dispensed pursuant to prescription number 2004190, but documented that 10,0 tablets were dispensed to E.D. in Rite-Mart's electronic records system. DOH v. lanelle Trinette Humphrey, R.Ph. 4
18. On one or more occasions between December 2014 and January 2015, Respondent acquired or obtained, or attempted to acquire or obtain, possession of the remaining tablets of hydrocodone acetaminophen 10/325mg not dispensed to one or more of the aforementioned patient(s). COUNT ONE 19. Petitioner realleges and incorporates paragraphs one through seventeen as if fully set forth herein. 20. Section 465.016(1)(t)2., Florida Statutes (2014), provides that committing an error or omission during the performance of a specific function of prescription drug processing, which includes, for purposes of this paragraph, entering prescription data into the pharmacy's record, is grounds for disciplinary action. 21. As set forth above, Respondent committed an error during the performance of prescription drug processing when Respondent entered incorrect prescription data in the pharmacy's record on one or more occasions. 22. Based on the foregoing, Respondent has violated Section 465.016(1)(t)2., Florida Statutes (2014). DOH v. Janelle Trinette Humphrey, R.Ph. 5
COUNT TWO 23. Petitioner realleges and incorporates paragraphs one through seventeen as if fully set forth herein. 24. Section 465.016(1)(e), Florida Statutes (2014), provides that violating chapter 893 constitutes grounds for disciplinary action. 25. Section 893.13(7)(a)11., Florida Statutes (2014), provides that furnishing false or fraudulent material information in, or omit any material information from, any report or other document required to be kept or filed under this chapter or any record required to be kept by this chapter. 26. Section 893.07(3)(c), Florida Statutes (2014), provides that the record of all controlled substances sold, administered, dispensed, or otherwise disposed of shall show the kind and quantity of controlled substances sold, administered, or dispensed. 27. On one or more occasions Respondent furnished false or fraudulent information regarding the quantity of hydrocodone dispensed on Rite-Mart's controlled substance perpetual inventory.. 28. Based on the foregoing, Respondent has violated Section 465.016(1)(e), Florida Statutes (2014), by and through a violation of Section 893.07(3)(c), Florida Statutes (2014). DOH v. Janelle Trinette Humphrey, R.Ph. 6
COUNT THREE 29. Petitioner realleges and incorporates paragraphs one through seventeen as if fully set forth herein. 30. Section 465.016(1)(e), Florida Statutes (2014), provides that violating chapter 893 constitutes grounds for disciplinary action. 31. Section 893.13(7)(a)9., Florida Statutes (2014), provides that a person may not acquire or obtain, or attempt to acquire or obtain, possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge. 32. Respondent acquired or obtained, or attempted to acquire or obtain, possession of hydrocodone acetaminophen 10/325mg, a controlled substance, by misrepresentation, fraud, deception, or subterfuge when Respondent falsely stated to one or more patients of Rite-Mart that the pharmacy was short on stock of hydrocodone acetaminophen 10/325mg, documented in Rite-Mart's perpetual inventory that the full number of tablets prescribed to the patient(s) had been dispensed, and then diverting or attempting to divert the remaining number of tablets of hydrocodone acetaminophen 10/325mg not dispensed to each patient. DOH v. Janelle Trinette Humphrey, R.Ph. 7
33. Based on the foregoing, Respondent has violated Section 465.016(1)(e), Florida Statutes (2014), by and through a violation of Section 893.13(7)(a)9., Florida Statutes (2014). 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 X.E1 day of f 7, 2017. Celeste Philip, M.D., M.P.H. State Surgeon General and Secretary FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Anael Sanders DATE JUL 2 1 2017 Christopher A. Jurich Assistant General Counsel Florida Bar Number: 0099014 DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Telephone: (850) 558-9861 Facsimile: (850) 245-4662 Email: christopher.jurich@flhealth.gov PCP Meeting: July 20, 2017 PCP Members: Jeenu Philip, Gavin Meshad DOH v. Janelle Trinette Humphrey, R.Ph. 8
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 Administrative Complaint, pursuant to Rule 28-106.111(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 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 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 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 to any other discipline imposed. DOH v. Janelle Trinette Humphrey, R.Ph. 9