STATE OF FLORIDA BOARD OF PHARMACY Final Order No. DOH-18-1361- LEI DATE -AUGAr D partment By: Deputy AgenUy Clerk -MQA 201B 'J t' DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO.: 2017-22549 COMPLETE PHARMACY AND MEDICAL SOLUTIONS, RESPONDENT. LICENSE NO.: PH 28339 FINAL ORDER 4120.57(2), FLA. STAT. DISCIPLINARY HEARING This matter appeared before the Board of Pharmacy (herein after Board) at a duly-noticed public meeting held on August 8, 2018, in Orlando, Florida, pursuant to sections 120.569 and 120.57(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. 120.60(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. 120.569(2)(c), Fla. Stat.; Fla. Admin. Code R. 28-106.111(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 120.569(1) and 120.57(1), Florida Statutes. Fla. Admin. Code R. 28-106.111(4).
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. 4. Therefore, the allegations of fact set forth in the Administrative Complaint are approved, adopted, and incorporated herein by reference as the fmdings of fact of the Board. CONCLUSIONS OF LAW 5. The Conclusions of law alleged in the Administrative Complaint 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 violations in the Administrative Complaint warrant discipline. WHEREFORE, IT IS ORDERED AND ADJUDGED: 1. Reprimand: The Respondent is hereby issued a Reprimand. 2. Administrative Fine: The Respondent shall pay an administrative fine in the amount of $1,000.00 within 90 days of the effective date of this Final Order. 3. Motion for Costs: The board hereby grants the motion for costs of prosecution and investigation, which does not include costs for attorney time, in the amount of $54.93. The costs shall be paid in full within 90 days from the effective date of this Final Order. THIS FINAL ORDER SHALL BECOME EFFECTIVE UPON FILING WITH THE CLERK OF THE DEPARTMENT OF HEALTH.
DONE AND ORDERED this 110 day of, 2018. BO CY C. E11,111711: D, Executive Director On Be alf of Jeenu Philip, BPharm, Chair NOTICE OF APPEAL RIGHTS PURSUANT TO SECTION 120.68 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 U.S. Mail to Complete Pharmacy and Medical Solutions, 5829 NW 158 Street, Miami Lakes, Florida 33014 and 516 Minola Drive, Miami Springs, Florida 33166; and by electronic mail to David D. Flynn, Assistant Attorney General, david.flynn@myfloridalegal.com; and Christopher Jurich, Assistant General Counsel, Department of Health, christopherjurich@flhealth.com this )10-Tia-.y of A usv,s3', 2018. Rilegfie, DEPUTY AGENCY CLERK
3939 DEPARTMENT OF HEALTH,. STATE-OF FLORIDA. DEPARTMENT OF HEALTH. PETITIONER, v. CASE NO. 2017-22549 COMPLETE PHARMACY AND MEDICAL SOLUTIONS, RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department.of- Health ("Department'), by and through its undersigned counsel, and files this Administrative Complaint before the Board of Pharmacy ("Board") against Respondent, Complete Pharmacy and Medical Solutions, and in support thereof alleges: 1. Petitioners 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 permitted special' sterile compounding pharmacy within the state of Florida, having been issued permit number PH28339.
3940 3. ResPondent's address of record is 5829 -NW 158th Street, Miami Lakes, Florida 33014. 4. At all times material to this Administrative Complaint, Respondent was a permitted non-resident pharmacy within the State of Alabama. 5. On or about December' 31, 2014, the non-resident pharmacy permit for Complete Pharmacy and Medical Solutions expired, and was not timely renewed by Respondent. ' 6. On or about October 10, 2017, the Alabama State Board of Pharmacy issued a Final Order, whereby disciplining Respondent's Alabama pharmacy permit for one or more of the following violations: a. Respondent dispensed prescription medications into the State of Alabama while it did not possess a current non-resident pharmacy permit; and/or b. Respondent shipped prescription medications into the State of Alabama without a current non-resident pharmacy permit. 7. The violations underlying the discipline by the Alabama State Board of Pharmacy would constitute violations under-florida law. DOH v. Complete Pharmacy And Medical Solutions DOH Case No. 2017-22549 2
3941 B. Section 456.072(1)(f), Florida Statutes (2017), provides that having a license or the authority to practice any regulated profession revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction, including its agencies or subdivisions, for a violation that would constitute a violation under Florida law, constitutes grounds for disciplinary action. The licensing authority's acceptance of a relinquishment of licensure, stipulation, consent order, or other settlement, offered in response to or in anticipation of the filing of. charges against the license, shall. be construed as action against the license.. 9. On or about October 10, 2017, the Alabama State Board of Pharmacy issued a Final Order, whereby disciplining Respondent's pharmacy permit for one or more of the conduct specified In paragraph six, which would constitute a violation of Florida law. 10. Based on the foregoing, Respondent has violated Section 456.072(1)(f), Florida Statutes (2017). [REMAINDER LEFT BLANK] DOH v. Complete Pharmacy And Medical Solutions DOH Case No. 2017-22549 3
3942 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 (944') day of Ar, 2018. Celeste Philip, M.D./ M.P.H. Surgeon General and Secretary 1 Nouvtl,caA2Zt Rio. Far NP - Raj Misra 10033'11 Assistant General Counsel Ha. Bar No. 108907 Florida Department of Health Office of the General Counsel FILED 4052 Bald Cypress Way, Bin C-65 DEPARTMENT OF HEALTH DEPUTY CLERK Tallahasseei FL 32399-3265 CLERK: Angel' Staers Telephone: (850) 558-9875 DATE: APR 1 9 2918 Facsimile: (850) 245-4662 Email: raj.misra@flhealth.gov PCP Meeting: April 19, 2018 PCP Members: Debra Glass; Mark Mikhael DOH v. Complete Pharmacy And 4 Medical Solutions DOH Case No. 2017-22549
3943 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(21 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)i 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. Please note that 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. Complete Pharmacy And ' Medical Solutions DOH Case No. 2017-22549