DEPARTMENT OF HEALTH, STATE OF FLORIDA DEPARTMENT OF HEALTH PETITIONER, v. CASE NO. 2016-27630 SERGE FRANCOIS, 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, Serge Francois, R.Ph., and in support thereof alleges: 1. Petitioner 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 licensed pharmacist within the state of Florida, having been issued license number PS31593.
3. Respondent's address of record is 1560 Northwest 117th Avenue, Plantation, Florida 33323. 4. Respondent's incarceration address is Register Number 56938-004, FDC Miami, Federal Detention Center, P.O. Box 019120, Miami, Florida 33101. 5. On or about September 5, 2017, in the United States District Court, Southern District of Florida, Respondent was found guilty of one or more of the following crimes: a. One count of conspiracy to commit health care fraud and mail fraud, in violation of Title 18, United States Code, Section 1349; b. Twelve counts of health care fraud, in violation of Title 18, United States Code, Section 1347; c. One count of conspiracy to defraud the United States and Pay Health Care Kickbacks, in violation of Title 18, United States Code, Section 371; d. Four counts of payment of kickbacks in connection with a Federal Health Care Program, in violation of Title 42, United States Code, Sections 1320a-7b(b)(2)(A); DOH v. Serge Francois, R.Ph. 2
e. Fourteen counts of money laundering, in violation of Title 18, United States Code, Section 1957; f. Seven counts of introduction of misbranded drugs into interstate commerce, in violation of Title 21, United States Code, Sections 331(k) and 333(a)(1); g. Four counts of false statements relating to health care matters, in violation of Title 18, United States Code, Section 1035; and/or h. One count of false statements, in violation of Title 18, United States Code, Section 843(a)(4)(A). 6. One or more of the crimes set forth above in paragraph four relate to the practice of, or the ability to practice, Respondent's profession, which is pharmacy. 7. One or more of the crimes set forth above in paragraph four relate to health care fraud. COUNT ONE 8. Petitioner realleges and incorporates paragraphs one through six as if fully set forth herein. DOH v. Serge Francois, R.Ph. 3
9. Section 456.072(1)(c), Florida Statutes (2017), provides that being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee's profession, constitutes grounds for disciplinary action. 10. Respondent was found guilty of one or more of the following crimes which relate to the practice of pharmacy: a. Conspiracy to commit health care fraud and mail fraud; b. Health care fraud; c. Conspiracy to defraud the United States and Pay Health Care Kickbacks; d. Payment of kickbacks in connection with a Federal Health Care Program; e. Money laundering; f. Introduction of misbranded drugs into interstate commerce; g. False statements relating to health care matters, in violation of Title 18, United States Code, Section 1035; and/or h. False statements. DOH v. Serge Francois, R.Ph. 4
11. Based on the foregoing, Respondent has violated Section 456.072(1)(c), Florida Statutes (2017). COUNT TWO 12. Petitioner realleges and incorporates paragraphs one through six as if fully set forth herein. 13. Section 456.072(1)(11), Florida Statutes (2017), provides that Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, a crime in any jurisdiction which relates to health care fraud, constitutes grounds for disciplinary action. 14. Respondent was found guilty of one or more of the following crimes which relate to health care fraud: a. Conspiracy to commit health care fraud and mail fraud; b. Health care fraud; c. Conspiracy to defraud the United States and Pay Health Care Kickbacks; and/or d. Payment of kickbacks in connection with a Federal Health Care Program. DOH v. Serge Francois, R.Ph. 5
15. Based on the foregoing, Respondent has violated Section 456.072(1)(11), Florida Statutes (2017). 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 3 1\ day of Notipi, 2017. Celeste Philip, M.D., M.P.H. Surgeon General and Secretary CLERK: FILED DEPARTMENT OF HEALTH DEPUTY CLERK Angel 03o/tiers DATE: NOV 3 0 2017 CHRISTOPHER A. JURICH Assistant General Counsel Fla. Bar No. 0099014 Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Telephone: (850) 558-9861 Facsimile: (850) 245-4662 Email: christopher.jurich@flhealth.gov PCP Meeting: November 30, 2017 PCP Members: Mark Mikhael, Bianca Rivera DOH v. Serge Francois, R.Ph. 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), 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. Serge Francois, R.Ph. 7