ueputy Agency WWI% STATE OF FLORIDA BOARD OF PHARMACY Final Order No. DOH-17-1248-ft JUL 0 3 2017 ILED DATa - Dlepartment ' 10) -MQA DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO.: 2016-15661 LISSETTE N. RODRIGUEZ, RPT, RESPONDENT. LICENSE NO.: RPT 59122 FINAL ORDER 120.57(2), FLA. STAT. DISCIPLINARY HEARING This matter appeared before the Board of Pharmacy (herein after Board) at a duly-noticed public meeting held on June 7, 2017, in Kissimmee, 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 findings 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: That the Respondent's license is hereby, 1. Suspension: The Respondent's license is hereby suspended. The Board shall not lift the suspension in this cause unless and until the Respondent files a Petition for Reinstatement of Suspended License and the Respondent's license shall remain suspended until Respondent personally appears before the Board and demonstrates that s/he is safe to practice with reasonable skill and safety. The Respondent shall demonstrate, at a minimum that Respondent has had a mental health and substance abuse evaluation by Professionals Resource Network, Inc., (PRN) and that Respondent is in compliance with all recommendations of PRN to include entering into a monitoring contract if deemed necessary by the evaluation process. The lifting
of the suspension must be supported by a PRN recommendation that the Respondent is safe to practice with reasonable skill and safety. 2. Reservation of Jurisdiction: The board hereby reserves jurisdiction to impose probation and conditions of probation when the suspension is lifted. Any terms and conditions of probation imposed shall be reasonably related to the violation found in this cause and shall be reasonably related to results of the PRN evaluation process. 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 $1,163.66. The costs shall be paid in full within 1 year from the date the suspension imposed by this final order is lifted. THIS FINAL ORDER SHALL BECOME EFFECTIVE UPON FILING WITH THE CLERK OF THE DEPARTMENT OF HEALTH. DONE AND ORDERED this 0 day of, 2017. BOARD OF PHARMACY C. Erica White, MBA, JD, Executive Director On Behalf of Mark W. Mikhael, PharmD, 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 Certified Mail to Lissette N. Rodriquez, RPT, 1326 42nd Avenue, Vero Beach, Florida 32960; and by electronic mail to David D. Flynn, Assistant Attorney General, david.flynn@myfloridalegal.com; and Christopher Jurich, Assistant General Counsel, Department of Health, christopher.jurich@flhealth.com this.5 day of 3 41, 2017. Certified Article Number :Y\ 9414 7266 9904 2090 7spie 88 DEPUTY AGENCY CLERK SENDERS -REpAlD "1411111 H 1 h1hi 411 0'1 11111 1 11111 h I PT I F Id lh"119 Lissette N. Rodriguez 1326 42nd Ave Vero Beach, FL 32960
DEPARTMENT OF HEALTH, Petitioner, LISSETTE N. RODRIGUEZ, R.P.T. Respondent. STATE OF FLORIDA DEPARTMENT OF HEALTH CASE NUMBER 2016-15661 ADMINISTRATIVE COMPLAINT Petitioner Department of Health files this Administrative Complaint before the Board of Pharmacy against Respondent Lissette N. Rodriguez, R.P.T., and in support thereof alleges: 1.. The Petitioner is the state agency charged with regulating the practice of pharmacy technicians pursuant to Chapters 20, 456, and 465, Florida Statutes (2015-2016). 2. At all times material to this complaint, Respondent was a registered pharmacy technician within the state of Florida having been issued registration number RPT 59122. 3. Respondents address of record is 1326 42nd Avenue, Vero Beach, Florida 32960. 4. On or about February 1, 2016, Respondent was charged with one
count of Reckless Driving Causing Damage in Indian River County case number 2016CT004840. On or about June 22, 2016, Respondent entered a plea of nolo contendere. On or about July 7, 2016, Respondent was adjudicated guilty of one count of Reckless Driving Causing Damage. 5. Respondent did not report her plea or conviction to the Board of Pharmacy in writing within thirty days. 6. On or about April 7, 2016, Respondent possessed a glass pipe used to smoke cannabis1. 7. On or about April 7, 2016, Respondent possessed oxycodone2 tablets without obtaining them lawfully from a practitioner or pursuant to a valid prescription. 8. On or about July 8, 2016, Sayonara Baez, M.D., a physician specializing in addiction medicine, evaluated Respondent pursuant to a Department order. 9. Dr. Baez diagnosed Respondent with Cannabis Use, unspecified, and Oploid Dependence. 1 According to Section 893.03(1), Florida Statutes (2015), cannabis Is a Schedule I controlled substance that has a high potential for abuse and has no currently accepted medical use In treatment In Florida. The term does not include "low-thc cannabis," as defined in Section 381,986, Florida Statutes (2015), if manufactured, possessed, sold, purchased, delivered, distributed, or dispensed, In conformance with Section 381.986, Florida Statutes. 2 Oxycodone is commonly prescribed to treat pain. According to Section 893.03(2), Florida Statutes (2015), 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. DOH v. Lissette N. Rodriguez, R.A.T. 2 DOH Case Number 2016.15661
10. Dr. Baez opined that Respondent is not able to practice as a pharmacy technician with reasonable skill and safety to patients. COUNT I. 11. Petitioner realleges and incorporates paragraphs one through ten as if fully set forth herein. 12, Section 465.016(1)(r), Florida Statutes (2015-2016), subjects a pharmacy technician to discipline for violating any provision of chapters 456 or 465, Florida Statutes, or any rules adopted pursuant thereto. 13. Section 456.072(1)(z), Florida Statutes (2015-2016), subjects a licensee to discipline, including restriction, for being unable to practice with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any type of material or as a result of any mental or physical condition. 14. Respondent is unable to practice with reasonable skill and safety to patients due to Cannabis Use, unspecified, and/or Oploid Dependence. 15. Based on the foregoing, Respondent violated Section 465.016(1)(r), Florida Statutes (2015-2016), by violating Section 456.072(1)(z), Florida Statutes (2015-2016). COUNT II 16. Petitioner realleges and incorporates paragraphs one through ten as DOH v. Lissette N. Rodriguez, R.P.T. 3 DOH Case Number 2016-15661
if fully set forth herein. 17. Section 465.016(1)(e), Florida Statutes (2015), subjects registered pharmacy technicians to discipline for violating Chapter 893, Florida Statutes (2015). 18. Chapter 893.13, Florida Statutes (2015), states in pertinent part: (6)(a) It is unlawful for any person to 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 her professional practice or to be in actual or constructive possession of a controlled substance except as authorized by this chapter... 19. Chapter 893.147, Florida Statutes (2015), states in pertinent part: (1) It is unlawful for any person to use, or possess with intent to use, drug paraphernalia.. (b) {tjo inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this act. 20. Respondent violated Chapter 893, Florida Statutes (2015), in one or more of the following ways: a. By being in actual or constructive possession of oxycodone without obtaining it lawfully from a practitioner pursuant to a valid prescription, in violation of Chapter 893.13(6)(a), Florida Statutes (2015); and/or DOH v. Lissette N. Rodriguez, R.P.T. 4 DOH Case Number 2016-15661
b. By using or possessing with the intent to use a cannabis pipe, in violation of Chapter 893.147, Florida Statutes (2015). 21, Based on the foregoing, Respondent violated Section 465.016(1)(e), Florida Statutes (2015), by violating Sections 893.13(6)(a) and/or 893.147(1), Florida Statutes (2015). COUNT III 22. Petitioner realleges and incorporates paragraphs one through ten as if fully set forth herein. 23. Section 456.072(1)(x), Florida Statutes (2015-2016)1 subjects a registered pharmacy technician to discipline for failing to report to the board, or the department if there is no board, in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction. 24. Respondent failed to report her June 22, 2016, plea of nolo contendere and/or her July 7, 2016, conviction in Indian River County case number 2016CT004840. 25. Based on the foregoing, Respondent violated Section 456.072(1)(x), Florida Statutes (2015-2016). DOH V. Lissette N. Rodriguez, R.P.T, 5 DOH Case Number 2016-15661
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 registration, 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 of Pharmacy deems appropriate. SIGNED this 1( 4"x day of 044cer, 2016. Celeste Philip, M.D., M.P.H. State Surgeon General and Secretary CLERK: FILE DEPARTMENT OF HEALTH DEPUTY CLERK DATE 42mailet (01 11 ilp ohn!son, Esq. Florida Bar No. 84798 Assistant General Counsel Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 (P) 850-245-4444, extension 8167 (F) 850-245-4662 (E) john.wilson@flhealth.gov PCP Date: October 6, 2016 PCP Members: Debra Glass, Gavin Meshad DOH v. Lissette N. Rodriguez, R,P.T. DOH Case Number 2016-15661 6
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)1 Florida Administrative Code. Mediation pursuant to 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. Lissette N. Rodriguez, R.P.T. 7 DOH Case Number 2016.15661