IN RE:

STATE OF FLORIDA BOARD OF PHARMACY

PETITION FOR VARIANCE AND WAIVER ON BEHALF OF JAEMIN HWANG

FILED DEPARTMENT OF HEALTH

D?f~~Y ACJ~RKL1 __ ~~ . CLERK:~~

DATE 1113109

NOTICE OF INTENT TO DENY PETITION FOR VARIANCE AND WAIVER

Petitioner, Jaemin Hwang, filed a petition for a variance or waiver of Rule 64B16-

26.2031, Florida Administrative Code, on August 28,2009. The petition was published in

the Florida Law Weekly on September 11, 2009. No comments by interested persons

were received. The petition was heard at a duly-noticed public meeting of the Board of

Pharmacy on October 14, 2009, in Tallahassee, Florida. Petitioner was present at the

hearing, with Counsel George Indest, III, Esq. The Board was represented by Diane L.

Guillemette, Senior Assistant Attorney General.

Statement of Relevant Facts

The facts relevant to the petition are as follows:

1. Florida Administrative Code Rule 64B 16-26.2031 states:

In order for a foreign pharmacy graduate to be admitted to the professional licensure examination, the applicant must:

(1) Submit an application for licensure by examination on form DOH-MQA PH103 (Rev. 02/09), Foreign Graduate Pharmacist Examination Application and Instructions, which is hereby incorporated by reference, and which can be obtained from the Board of Pharmacy, 4052 Bald Cypress Way, Bin #C04, Tallahassee, Florida 32399-3254, and must be accompanied with a non-refundable examination fee and an initial license fee set forth in Rules 64B16-26.1001 and 64B16-26.1002, F.A.C.

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(2) Be a graduate of a four year undergraduate pharmacy program at a school or college outside the United States and have completed an internship program approved by the board.

(4) For applications received at the Board of Pharmacy on or after July 1, 2009, the applicant must:

(a) Successfully pass the foreign pharmacy graduate equivalency examination which is given by the Foreign Pharmacy Graduate Equivalency Commission;

(b) Demonstrate proficiency in the use of English by passing the Test of English as a Foreign Language (TOEFL), which is administered by the Educational Testing Service, Inc., with a score of at least 550 for the pencil and paper test or 213 for the computer version and by passing the Test of Spoken English (TSE) with a score of 50 on the recalibrated TSE; or

(c) Demonstrate proficiency in the use of English by passing the Test of English as a Foreign Language Internet-based test (TOEFL ibt) with scores of: Listening - 18; Reading - 21; Speaking - 26; and Writing - 24.

(5) Complete 2080 hours of supervised work activity, of which a minimum of 500 hours must be completed within the State of Florida. Such experience must be equivalent to that required in the internship program as set forth in Rule 64B16-26.2032, F.A.C. The work experience program including both the preceptor and the permittee must be approved by the Board of Pharmacy. The work experience shall be documented on form DOH-MQA PH1153 (Rev. 03/09), Foreign Graduate Intern Work Activity Manual, which is hereby incorporated by reference, and which can be obtained from the Board of Pharmacy, 4052 Bald Cypress Way, Bin #C04, Tallahassee, Florida 32399-3254. Further, no program of supervised work activity shall be approved for any applicant until said applicant has obtained the specified passing scores on the TOEFL or the TOEFL ibt.

2. Petitioner seeks a waiver of the Rule, requesting

Grounds for Denial

After discussion, the Board determined that the petition for waiver should be denied

on the following ground:

THEREFORE, the Petition for waiver or variance is DENIED.

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This notice shall be placed in and become a part of the Applicant's official records

and shall become effective upon filing with the Clerk of the Department of Business and

Professional Regulation.

DONE AND ORDERED this --.;r'--__ day of_fl_~""':""";"--'-':;"""';""'b""' __ ' 2009.

BOARD OF PHARMACY

Rebecca Poston, RPh, Executive Director On behalf of Ronald Salem, PharmD, Chair

NOTICE TO APPLICANT

You may seek review of this Notice, pursuant to Sections 120.569 and 120.57, .

Florida Statutes, by filing a petition with the Executive Director of the Board Pharmacy,

4052 Bald Cypress Way, Bin C-04, Tallahassee, FL 32399-3255 within 21 days of receipt

of this Notice. If you dispute any material fact upon which the Board's decision is based,

you may request a hearing before an Administrative Law Judge pursuant to Section

120.57(1), Florida Statutes; your petition must contain the information required by Rule 28-

106.201, Florida Administrative Code, including a statement of the material facts which are

in dispute. If you do not dispute any material fact, you may request a hearing pursuant to

Section 120.57(2), Florida Statutes; your petition must include the information required by

Rule 28-106.301, Florida Administrative Code. If you request a hearing, you have the right

to be represented by an attorney or other qualified representative, to take testimony, to call

or cross-examine witnesses, to have subpoena and subpoena duces tecum issued, and to

present written evidence or argument.

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Pursuant to Section 120.573, Florida Statutes, you are hereby notified that

mediation pursuant to that section is not available.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been

furnished by Certified mail to: JAEMIN HWANG, 4232 Center Gate Lane #19-103,

Orlando, FL 32814, George F. Indest III and Michael L. Smith, The Health Law Firm,

1101 Douglas Avenue, Altamonte Springs, FL 32714; and by interoffice mail to: Diane

L. Guillemette, Senior Assistant Attorney General, PL-01 The Capitol, Tallahassee, FL

32399-1050, this 2L day of _ (l,ru~ 2009.

U.S. Postal Service H

CERTIFIED MAILm RECEIPT (Domestic Mail Only; No Insurance Coverage Provided)

. . " . . . . " . . . OFFICIAL USE I

Postage $

CerIIIIed Fee

PosImark Retum RecIept Fee Here (Endorsement RecjuIred)

ReatrIcted Dellvely Fee (Endolaement ReqUIred)

Total Postage & Fees $

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FILED DEPARTMENT OF HEALTH

STATE OF FLORIDA DEPARTMENT OF HEALTH

BOARD OF PHARMACY

~UTY 9LEIU( ~ CLERK:~f~

DATE ?Jd~m

INRE:

PETITION FOR VARIANCE FROM OR WAIVER OF RULE 64BI6-26.2031, F.A.C. (LICENSURE BY EXAM­INATION; FOREIGN PHARMACY GRADUATFS),

OF

JAEMINHWANG,

PETITIONER. I -----------------------------

PETITION FOR VARIANCE FROM OR WAIVER OF RULE 64BI6-26.2031. F.A.C.

<LICENSURE BY EXAMINATION: FOREIGN PHARMACY GRADUATES)

Petitioner, Jaemin Hwang, a pharmacist intern, by and through hislher undersigned

counsel. pursuant to Section 120.542, Florida Statutes, and Rule 28-104.002, F .A. C., hereby files

this Petition for Variance or Waiver. and, as grounds for such Petition, states as follows:

BASIC INFORMATION FOR PETITION

1. Petitioner's name and address are: Jaemin Hwang 4232 Center Gate Lane #19-103 Orlando, Florida 32814 Pharmacist Intern License Number: PSI 17634.

2. Petitioner's attorneys are:

George F. Indest m and Michael L. Smith The Health Law Finn

1101 Douglas Avenue Altamonte Springs, Florida 32714 Telephone: (407) 331-6620 Telefax: (407) 331-3030.

3. The Agency involved is:

Board of Pharmacy Department of Health (Attention: Rebecca Poston, R.Ph., Executive Director) 4052 Bald Cypress Way, Bin e04 Tallahassee, Florida 32399-3254 Telephone: (850) 245-4292 Telefax: (850) 413-6982

License Number: Pharmacist Intern License PSI 17634.

4. The applicable rule from which the Petitioner seeks a Variance or Waiver is: Rule

64BI6-26.2031, F.A.C. (Licensure by Examination; Foreign Pharmacy Graduates). Rule 64Bl6-

26.2031, F.A.C., which became effective on June 11.2009, which states in relevant part:

64BI6-26.2031 Licensure by Examination; Foreign Pharmacy Graduates.

In order for a foreign pharmacy graduate to be admitted to the professional licensure examination, the applicant must:

(1) Submit an application for licensure by examination ....

(2) Be a graduate of a four year undergraduate pharmacy program at a school or college outside the United States and have completed an internship program approved by the board.

* *

(4) For applications received at the Board of Pharmacy on or after July 1,2009, the applicant must:

(a) Successfully pass the foreign pharmacy graduate equivalency examination which is given by the Foreign Pharmacy Graduate Equivalency Commission;

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(b) Demonstrate proficiency in the use of English by passing the Test of English as a Foreign Language (TOEFL), which is administered by the Educational Testing Service, Inc., with a score of at least 550 for the pencil and paper test or 213 for the computer version and by passing the Test of Spoken English (TSE) with a score of 50 on the recalibrated TSE; or

(c) Demonstrate proficiency in the use of English by passing the Test of English as a Foreign Language Internet-based test (TOEFL ibt) with scores of: Listening - 18; Reading - 21; Speaking - 26; and Writing - 24.

(5) Complete 2080 hours of supervised work activity, of which a minimum of 500 hours must be completed within the State of Florida. Such experience must be equivalent to that required in the internship program as set forth in Rule 64BI6-26.2032, F.A.C. The work experience program including both the preceptor and the permittee must be approved by the Board of Pharmacy. . . . Further, no program of supervised work activity shall be approved for any applicant until said applicant has obtained the specified passing scores on the TOEFL or the TOEFL ibt.

5. The Petitioner requests a one-time exception from or waiver of Rule 64Bl6-

26.2031(4)(b) and (5), F.A.C., for the reasons set forth below.

FACTS OF CASE

6. The Petitioner received his Bachelor of Science in Pharmacy from Seoul National

University, Seoul, South Korea, in February 2001. He was licensed in Korea as a pharmacist in

2001.

7. Since that time, Mr. Hwang has also received a Master of Science in Pharmacy

from the University of Florida, Gainesville, Florida. Exhibit" A. "

8. Mr. Hwang originally moved to Florida to work on his doctoral degree (PhD) in

Pharmacy Health Care Administration at the University of Florida, Gainesville, Florida, in or

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about September 2003.

9. Mr. Hwang received his Florida Pharmacist Intern License in March 2004.

Exhibits "B" and "C." This was prior to the effective date of the current version of Rule 64B 16-

26.2031.

10. Mr. Hwang took the FPGEE in 2002 and passed it.

11. Mr. Hwang Received ~ score of 257 on the Computer-based Test of English as a

Foreign Language (TOEFL), which is a passing score. Exhibit "D."

12. Mr. Hwang took the Test of English as a Spoken Language (TSE) in July 2002, and

received a score of 45. Exhibit t'E." This was a passing score at the time. Mr. Hwang has since

taken the TSE additional times and has not been able to score above 45.

13. On information and belief, the TSE is no longer given as a separate examination

anywhere in North America.

14. It was Mr. Hwang's intention to obtain his PhD before he became a licensed

pharmacist in the state of Florida. Therefore, he postponed completing his internship and work

requirements and postponed submitting his application for a pharmacist license.

15. However, Mr. Hwang decided to leave the graduate program at University of

Florida and pursue becoming a licensed pharmacist. He had enough graduate course work to

obtain his Master of Science in Pharmacy from University of Florida and did so in December

2007.

16. When Mr. Hwang originally received his pharmacist intern license, the Board of

Pharmacy only required 500 intern hours for licensure.

17. On May 3, 2005, Mr. Hwang sent the Department of Health, Board of Pharmacy,

an e-mail which stated that he was a foreign pharmacy intern and had heard that the total number

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of intern hours was going to be increased to more than 500 hours. He asked whether he would

be required to do more than the 500 hours he was originally advised when he received his

pharmacist intern license. Exhibit "F."

18. In response, he received e-mail replies from Page Merkison (Exhibit "P") and from

Desiree Mercado (Exhibit "G") of the Department of Health advising him that since he had

received his pharmacist intern license prior to January 1. 2005, he would only be required to

complete 500 hours or work in Florida. Exhibits liP" and "G."

19. On Iune 11, 2007, Mr. Hwang sent an e-mail to the Board of Pharmacy,

Department of Health advising that he intended to finish the 500 hours in July 2007 and asking

if there were any additional requirements he must meet. Exhibit "H. n

20. The response he received dated June 11,2007, from Carolyn Price of the Board of

Pharmacy, Department of Health, did not mention any requirement for any additional hours.

Exhibit "H. n

21. In July or August 2007, Mr. Hwang submitted his activity manual and affidavit

showing he had completed the 500 Florida hours. Exhibit "I.

22. OI;l or about August 2,2007, Mr. Hwang sent a letter to the Board of Pharmacy

requesting confirmation that the information he had previously received, that he would only need

500 hours since he had received his internship license prior to January 1, 2005, was still correct.

Exhibit n J . "

23. A response from the Board of Pharmacy dated September 7, 2007. indicated that

Mr. Hwang's activity manual and affidavit showing he had completed the 500 Florida hours had

been received on August 8,2007. Exhibit "I. II

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24. Then, on September 11, 2007, Mr. Hwang was sent an e-mail from the Board of

Pharmacy, Department of Health, advising him that he would now have to obtain 2,080 hours

instead of the 500 hours he was originally told. Exhibit "K. II

25. Mr. Hwang had also previously been informed that he was not allowed to submit

his application for licensure until he had completed all requirements, including the 2,080 hours.

One example of this is contained in Exhibit ilL."

26. In the Board of Pharmacy's" Application and Instructions"· for the Foreign Graduate

Pharmacist Examination, dated August 2007, on page 2 of the instructions, it states:

Please read all application instructions before completing your application.

PLEASE DO NOT COMPLETE THIS APPLICA nON UNTIL YOU HAVE COMPLETED THE FOLLOWING:

- Complete the FPGEC certification process with NABP. - 2080 required intern hours. (500 in Florida.) - Foreign Graduate Work Activity Manual.

Exhibit "L" (emphasis in original).

27. Mr. Hwang submitted his application to take the Foreign Graduate Pharmacist

Examination, on or about August 17, 2009, despite the fact that he had not completed the 2,080

hours. Exhibit "M."

28. Mr. Hwang is submitting this Petition to request:

a. An exception from or waiver of the requirement to have a 50 TSE test score

set forth in Rule 64Bl6-26.2031(4)(b), F.A.C.

b. An exception from or waiver of the requirement to have 2,080 hours set

forth in Rule 64BI6-26.2031(5), F.A.C. Since this amount is set forth in a Board Rule, the Board

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of Pharmacy may waive it or grant an exception from it.

c. Alternatively, a ruling that deems his application was filed prior to the rule

change which required the 2,080 hours, which would then deem that his hours had been met upon

the successful completion of the 500 hours in Florida. This would have the effect that the earlier

version of Rule 64BI6-26.2031, F.A.C., that was in previously in effect would apply to his

application.

d. Alternatively, a ruling that deems his application was filed prior to July 1,

2009, the rule change which a TSE of 50 or greater. and which accepts his score of 45 as adequate

to allow him to take the Foreign Graduate Pharmacist Examination. This would have the effect

that the earlier version of Rule 64BI6-26.2031, F.A.C., that was in previously in effect would

apply to his application. He will then complete the additional hours required to have 2,080 hours.

SOURCE OF AUTHORITY

29. Rule 64B16-26.2031, F.A.C., cites to Sections 465.005 and 465.007, Florida

Statutes, as its authority.

30. Section 465.005, Florida Statutes, states:

465.005 Authority to make rules.--The Board of Pharmacy has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter conferring duties upon it.

31. Section 465.007, Florida Statutes, states:

465.007 Licensure by examination.-

(1) Any person desiring to be licensed as a pharmacist shall apply to the department to take the licensure examination. The department shall examine each applicant who the board certifies has:

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(a) Completed the application form and remitted an examination fee set by the board not to exceed $100 plus the actual per applicant cost to the department for purchase of portions of the examination from the National Association of Boards of Pharmacy or a similar national organization. The fees authorized under this section shall be established in sufficient amounts to cover administrative costs.

(b) Submitted satisfactory proof that she' or he is not less than 18 years of age and:

1. Is a recipient of a degree from a school or college of pharmacy accredited by an accrediting agency recognized and approved by the United States Office of Education; or

2. Is a graduate of a 4-year undergraduate pharmacy program of a school or college of pharmacy located outside the United States, has demonstrated proficiency in English by passing both the Test of English as a Foreign Language (TOEFL) and the Test of Spoken English (TSE), has passed the Foreign Phannacy Graduate Equivalency Examination [FPGEE] that is approved by rule of the board, and has completed a minimum of 500 hours in a supervised work activity program within this state under the supervision of a pharmacist licensed by the department, which program is approved by the board.

(c) Submitted satisfactory proof that she or he has completed an internship program approved by the board. No such board­approved program shall exceed 2,080 hours, all of which may be obtained prior to graduation.

(2) The department may permit an applicant who has satisfied all requirements of subsection (1), except those relating to age or the internship program, to take the written examination, but the passing of the examination shall confer no rights or privileges upon the applicant in connection with the practice of pharmacy in this state.

(3) Except as provided in subsection (2), the department shall issue a license to practice pharmacy to any appliCant who successfully completes the examination in accordance with this section.

Section 465.007. Florida Statutes, has been in effect and unchanged since 1997. Thus, the new

version of Rule 64Bl6-26.2031, F.A.C., was not put into effect merely to comply with a new

statutory requirement.

32. The Petitioner has completed all of the requirements of Section 465.007, Florida

Statutes.

33. Prior to August 8,2007, Rule 64B16-26.2031, F.A.C. (2006), stated:

64Bl6-26.2031 Licensure by Examination; Foreign Pharmacy Graduates.

In order for a foreign pharmacy graduate to be admitted to the professional licensure examination, the applicant must:

(1) Be a graduate of a four year undergraduate pharmacy program at a school or college outside the United States and have completed an internship program approved by the board.

(2) Successfully pass the foreign pharmacy graduate equivalency examination which is given by the Foreign Pharmacy Graduate Equivalency Commission.

(3) Demonstrate proficiency in the use of English by passing the Test of English as a Foreign Language (TOEFL) which is given by the Educational Testing Service, Inc., with a score of at least 500 for the pencil and paper test or 173 for the computer version.

(4) Demonstrate proficiency in the use of spoken English by passing the Test of Spoken English (TSE) with a score of at least 200 or an equivalent score of 45 on the recalibrated TSE.

(5) Complete a minimum of 500 hours of supervised work activity within the State of Florida. Such experience must be equivalent to that required in the internship program as set forth in Rule 64B16-26.2032, F.A.C. The work experience program including both the preceptor and the permittee must be approved by the Board of Pharmacy. Further, no program of work activity will be approved for any applicant until said ·applicant has successfully completed the examination as set forth in subsections (2) and (3) above.

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34. The Petitioner met all of the requirements of the Rule quoted immediately above

when he obtained his pharmacist intern license. The Petitioner continues to qualify under this

earlier version of the Rule.

SPECIFIC RELIEF REQUESTED

35. As indicated above, the Petitioner requests the following specific relief:

a. An exception from or waiver of the requirement to have a 50 TSE test score

as set forth in Rule 64B16-26.2031(4)(b), F.A.C., accepting his prior TSE score of45, which was

passing at the time he took it.

b. An exception from or waiver of the requirement to have 2,080 hours set

forth in Rule 64B 16-26. 203 1(5), F.A.C. Since this amount is set forth in a Board Rule, the Board

of Pharmacy may waive it or grant an exception from it.

c. Alternatively, a ruling that deems his application was filed prior to the rule

change which required the 2,080 hours, which would then deem that his hours had been met upon

the successful completion of the 500 hours in Florida. This would have the effect that the earlier

version of Rule 64B16-26.2031, F.A.C., that was in previously in effect would apply to his

application.

d. Alternatively, a ruling that deems his application was filed prior to July 1,

2009, the rule change' which a TSE of 50 or greater, and which accepts his score of 45 as adequate

to allow him to take the Foreign Graduate Pharmacist Examination. This would have the effect

that the earlier version of Rule 64Bl6-26.2031, F.A.C., that was in previously in effect would

apply to his application. He will then complete the additional hours required to have 2,080 hours.

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e. The Petitioner also requests that the Board of Pharmacy approve his

application for licensure as a pharmacist in the State of Florida which was previously submitted

and is in the possession of the Board of Pharmacy, and approve him to sit for the next licensure

examination.

36. The variance or waiver requested is from a Rule which was enacted. by the Florida

Board of Pharmacy and is within the Florida Board of Pharmacy I s authority to grant. The relief

requested is not relief requested from the statute. The statute has remained the same, unchanged

since at least 2001. If the relief the Petitioner requests was granted, there would be no violation

of any Florida Statutes. The Petitioner does meet all of the requirements of Section 465.007,

Florida Statutes.

JAEMIN HWANG HAS STANDING TO BRING THIS PETITION.

37. Under Section 120.542, any person subject to regulation by an agency rule may file

a petition requesting a varianCe or waiver from that rule. Thus, according to Section 120.542,

Florida Statutes, any person subject to regulation by an agency rule has standina: before the board

for his or her petition to be heard and granted or denied on the merits. Specifically, Section

120.542 states the following:

(5) A person who is subject to regulation by an agency rule may me a petition with that agency, with a copy to the committee, requesting a variance or waiver from the agency's rule. In addition to any requirements mandated by the uniform rules, each petition shall specify:

(a) The rule from which a variance or waiver is requested. (b) The type of action requested. (c) The specific facts that would justify a waiver or

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(Emphasis added.)

variance for the petitioner. (d) The reason why the variance or the waiver requested would serve the purposes of the underlying statute.

38. Furthermore, Petitioner submitted his application on or about August 17, 2009.

He expects that it shall be denied unless this Petition is granted.

39. Section 120.542(5), Florida Statutes, to which the Board ofPbarmacy is subject,

contains no requirement that the person subject to regulation has complied or attempted to comply

with the regulation to which a waiver is sought. Regardless, Petitioner has attempted to obtain

a higher score than the 45 on the TSE, taking it numerous times without achieving this.

40. As a person subject to an agency rule, under 120.542, Florida Statutes, he has

standing to petition for a waiver of Rule 64B16-26.2031.

HARDSIDP AND UNFAIRNESS TO THE PETITIONER

41. The Petitioner will suffer substantial hardship if the Board of Pharmacy does not

grant this Petition. A substantial hardship is a demonstrated economic, technological, legal, or

other hardship to the person requesting the variance. Panda Energy Int'l v. Florida Pub. Serv.

Comm'n, 813 So. 2d 46,51 (Fla. 2002).

42. Petitioner relied on the rules in effect at the time he submitted his pharmacist intern

license application and it was granted in 2004. Furthermore, he checked several times with the

Board of Pharmacy, Department of Health, regarding rule changes or expected rule changes and

was advised by DOH personnel that the new rule would not apply to him. Exhibits "F" and "G."

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43. As a result of the fact that the Petitioner no longer qualifies in the State of Florida

to sit for the exam, his options at employment are restricted.

44. Furthermore, it would be virtually impossible for him to obtain a higher score on

the TSE since it is no longer administered anywhere in North America. He might be able to take

it in one of the two foreign nations where it is still administered, but this would cost him a great

deal of time and money in travel expenses to travel to one of the few. limited. foreign locations

where it may still be administered.

45. Petitioner has a wife and small child to support and for as long as he is prohibited

from becoming a licensed pharmacist, his income will be greatly diminished and his employment

opportunities extremely limited.

46. This has caused a severe financial hardship and emotional hardship on the Petitioner

and the Petitioner's family.

47. A denial of this Petition would constitute an arbitrary and capricious retroactive

application of the rule to an intern who had already begun the licensure process under a different

set of requirements. Mr. Hwang also requests that the board comply with Section 120 .~4, Florida

Statutes, which prohibits retroactive application of new rules.

48. Furthermore, the Petitioner had his internship license, internship work program and

preceptor approved prior to the effective date of the new rule. The Petitioner received an e-mail

dated September 11, 2007, from the Florida Board of Pharmacy after submitting his Florida

internship hours, stating that the Board of Pharmacy had documented his Florida internship hours

on August 8, 2007. Exhibit" J. n Even this e-mail correspondence did not state that the Petitioner

was not qualified to sit for NAPLEX based on the new rule or that the Petitioner's internship work

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hours had not been approved.

49. It is unfair to change the rules on any person after they have met the requirements

of the rules then in effect and have documented that fact.

50. It is also unfair because the Petitioner had other options; for example, the

Petitioner could dropped out of the academic program he was in and worked full time to meet the

increased hours requirement or he could have moved to another state, such as Michigan, and

already been a licensed pharmacist there had he been provided accurate information by the Florida

Board of Pharmacy regarding the Board I s intention to apply the new rules retroactively.

51. If the Petitioner had been advised of or become aware of the fact that the

requirements were going to be imposed on him retroactively, he could have done a number of

different things to avoid this and to qualify under the prior version of the Rule. For example:

a. In order to obtain the Florida internship hours required, the Petitioner could

have worked 60 hours a week as an intern instead of the schedule he worked.

b. The Petitioner could have submitted his application for the Florida

pharmacist license earlier and supplemented it with additional documentation later, had he been

aware that there was a timing problem.

52. Petitioner has worked hard, sacrificing a great deal of time, effort and money to

obtain his training and education in pharmacy .. To deny the Petitioner the ability to be licensed

would deprive the Petitioner of the benefits of his efforts and expenditures.

53. This is not an issue lacking skill, competence, training or education. The additional

facts and documents addressed below will show that Petitioner has required degree of professional

skills, clinical competence and training in the profession to be licensed as a pharmacist. Indeed,

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he actually has a good deal more experience having completed and received a Master of Science

in Pharmacy from the University of Florida and has additional graduate hours, as well. His

curriculum vitae (CV) is Exhibit liN. n There has never been any issue raised regarding the

Petitioner's competency or skill. Petitioner's skills would contribute to the health and welfare of

the citizens of the State of Florida. There has never been any question or concern about the

Petitioner's being a threat to patient safety or a possible danger to the public as a pharmacist or

pharmacy intern. The public health and safety has been served and promoted by Petitioner.

54. The issue is simply a matter of timing. Had Petitioner applied earlier his credentials

would have been accepted under the rules then in effect and he would have been approved to take

the exam and be licensed.

55. It is unfair, arbitrary and capricious to now rule that he has not met the

requirements when he met all requirements of the law and the existing Rule previously.

56. Application of the current Rule 64B 16-26.2031 will violate the principals of fairness

in that it affects Petitioner in a manner significantly different from the way it affects other similarly

situated persons subject to the rule. Others in similar circumstances have been allowed to sit for

the examination and become licensed. Furthermore, it changes the rules such as requiring

certification of the internship work program after the Petitioner had the internship approved and

had begun the internship.

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THE PURPOSE OF THE UNDERLYING STATurE WOULD BE SERVED

57. The purpose of the statute is stated in part in Section 465.002, Florida Statutes,

which states:

465.002 Legislative findings; intent.-The Legislature finds that the practice of pharmacy is a learned profession. The sole legislative purpose for enacting this chapter is to ensure that every pharmacist practicing in this state and every pharmacy meet minimum requirements for safe practice. It is the legislative intent that pharmacists who fall below minimum competency or who otherwise present a danger to the public shall be prohibited from practicing in this state.

58. Granting the Petition for Variance or a' Waiver would serve the purposes of the

underlying statute as follows:

a. It would ameliorate the harshness and unfairness of having a rule that is

adopted by the Board apply to prevent a highly qualified individual from being licensed.

b. It would prevent the unfairness of having a qualified individual prevented

from applying merely because of the timing of a rule's application.

C. It would resolve the lack of basic fairness of having a qualified, skilled,

trained pharmacist excluded from licensure merely because of the application of a new rule after

the person has satisfied the requirements of the rule in effect when he began the internship process.

59. Florida law. specificaIly Section 456.007, sets forth the requirements for pharmacist

interns such as the Petitioner. The Petitioner has met these requirements.

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PERMANENTITEMPORARY STATUS OF WAIVER OR VARIANCE

60. The variance or waiver requested would be a permanent one for this Petitioner.

EXHIBITS ATTACHED

61. Affidavits and additional documents to support the allegations stated above are

contained in Exhibits" A n through "N." These are incorporated herein by reference.

RELIEF REQUESTED

WHEREFORE, Petitioner respectfully requests the Board of Pharmacy to grant this

Petition and allow the Petitioner a variance from the version of Rule 64B16-26.2031, F.A.C., in

effect now, granting the specific relief requested above in paragraphs 35 through 36 above.

CERTIFICATE OF SERVICE

I certify that this Petition has been served as follows:

Original served via Federal Express. overnight delivery. to:

Board of Pharmacy Department of Health (Attention: Rebecca Poston, R.Ph., Executive Director) 4052 Bald Cypress Way, Bin C04 Tallahassee, Florida 32399-3254 Telephone: (850) 245-4292 Telefax: (850) 413-6982

with a copy served via Federal Express. overnight delivery. to:

Agency Clerk c/o General Counsel Department of Health

-17-

Mailing address: 4052 Bald Cypress Way, Bin # A02 Tallahassee, Florida 32399-1703 Physical address: 2585 Merchants Row Boulevard Tallahassee, Florida 32399 Telephone: (850) 245-4005 Telefax: (850) 410-1448

with a copy served via Federal Express. overnight delivery. to:

Joint Administrative Procedures Committee Room 120, The Holland Building 600 South Calhoun Street Tallahassee, Florida 32399-1300

this 26th day of August 2009.

b3.~

Exhibits:

GEORGE F. INDEST m, ESQUIRE Board Certified in Health Law Florida Bar No.: 382426 MICHAEL L. SMITH, ESQUIRE Board Certified in Health Law Florida Bar No.: 0144487 THE HEALTH LAW FIRM 1101 Douglas Avenue Altamonte Springs, Florida 32714 Telephone: (407) 331-6620 Telefax: (407) 331-3030 ATTORNEYS FOR PETITIONER JAEMIN HWANG

"A" - Master of Science in Pharmacy from University of Florida, Gainesville "B" - Florida Internship License "CIt - License Verification "D" - Transcript of TOEFL Score

-18-

"E" - Transcript of TSE Score "P" - E-mails exchanged with Board of Pharmacy, Dept. of Health (page Merkison)

on 5/3/2005 "G" - E-mails exchanged with Board of Pharmacy, Dept. of Health (Desiree Mercado)

on 5/3/2005 "H" - E-mails exchanged with Board of Pharmacy, Dept. of Health (Carolyn Price)

on 6/11/2007 "I" - Letter from Mr. Hwang submitting his 500 Florida internship hours and

affidavit on Aug. 2, 2007 "J" - E-mails exchanged with Board of Pharmacy, Dept. of Health (Carolyn Price)

on 9/6/2007 - 91712007 "K" - E-mails exchanged with Board of Pharmacy, Dept. of Health (Carolyn Price)

on 9/11/2007 "L" - Foreign Graduate Pharmacist Examination Application and Instructions

dated August 2007 (excerpts) "M" - Letter from Mr. Hwang submitting his Application on Aug. 17, 2009 "N" - Mr. Hwang's Curriculum Vitae (CV)

copy to: Jaemin Hwang, Petitioner

GFI1MRG:gi S:\lOSO-Pbannacy Intems\032 Hwang. Jaemin\ool\PIcadings - Drafts\Petition For Waiver-l.wpd

-19-

"A"

, ! .

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~~ ~~

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~ EXHIBIT

. J B

Healthcare Practitioner License Display Page 1 of 1

License Verification Data As Of 8/4/2001

JAE-MIN HWANG UCENSE NUMBER: PSI17634 Printer Friendly Version A

G ..... ", Inforft'l-ation

Profeuion

PHARMAOST INTERN

Ueen_/ ActIvity Status

~ License Expll'1ltlon Date

7/26/3003

Ucense Original Issue Date

03/24/2004

DIscipline on File

NO

Address of Rec:ORI 1700 SW 16TH CT #E-3 GAIN ESVI LlE, FL 32608

T1Ie Information on this page Is a secure, primary source for license verification provided by Tl1e florida Department of Health, DIVIsion of Medical Quality Assurance. Tl11s website Is maintained by Division staff and Is updated immediately upon a change to our licensing and enforcement database.

c

http://ww2.doh.state.fi.uslIRMOOPRAESIPRASINDI.ASP?Licld=4914&ProfNBR=2202 8(4(2009

ITDeFL: Comput.r~bas.d Test Examinee's Score Record & for th. Tesl of Engll.h •• a For.lgn LAnguage

TOEFL Scale Scores

24 27 26 257 Slructur.1 Tolal

LI.lenlnJ Writing R.adlng Scor.

I Ess.y Rating-- 5.0 ex.mln •• •• Mailing Address:

HWANG. JAE MIN 115-1902DAELlM@KEUNMAEUL TANHYUN-DONG ILSAN-GU GOYANG KYUNGKI 411320 KOREA (ROK)

Appolnlmanl 8868 0000 0022 6107 Number

HWANG, JAE MIN NAME IF .... '" at ' .. n.me. Given. Mlddl.)

1012412002 08B84 02/1tnS Ii M MonlhlOaylYe.r TadC.nler MonlhlO fY .. r Te.l Dil. Humblr Dala Dr~lrth Sex l

485tt 47 KOREA CROK) 5812 47 NIII"" Country I 5816 47 1846 47 KOREAN ~plrtment

Inslltutlon Code Code Natt"" Language

I XXXX 1 1 I. 2 Sponsor Reason for Codl Olgr.. Tlklng TOEFL

02

T .. ,.r (ntll.h ••• Fa .. I,,, Llntu.'.· PO tloo'II1' P,lne""' •• NJ 0IS41·I1S1· USA

~-"I[III"'tlll!!ll.lII!Ir -LL - - .-------------. -- - ---------------. ---------------------------------------------------------------------.-----------

~ Om =I

~

~®

~ Test of Spoken English

EXAMINEE'S SCORE RECORD

NOTE FOR THE INSTITUTIONS; ThIs score ~ord hu been supplied by the Ixamlnee. Score recIpIents arl urvad 10 verify Ihe scorl record by calling 10/1 fTlle 800-257-8547. Score. mora than two YI.r. old cannot btl verified. PhotocopieS .houtd not be Iccept,d.

~ EXAMINEE'S ADDRESS:

0109 HWANG JAE-MIN 115-1902 DAELIMKEUNMAEL APT TANHYUN F ILSAN KOVANG KOREA (ROK) 411-320

K4 0

T •• t of Spoken Engllah, P.O. Box 8157. Prlneelon. NJ 08541-8157, USA

f\\i !I

SEe OTHER SIDE FOR EXPlANATION

OF SCORES.

10l0I-81075. TSEIII·11/03llT

Windows 'Uve-

----------·---··-----·----1

Since you applied for the intern license prior to 1/1/05, you are only required to complete the 500 hours in Florida.

Page

-----Original Message-----From: Hwang Jaemin [mallto:jaeminhwang@hotmail.com] Sent: Tuesday, May 03,20054:40 PM To: Mercado, Desiree: Merkison, page Subject: Pharmacist internship

<It is the second time to send this message.>

Hello, I am a foreign pharmacy graduate and received Florida intern permit on Mar 24, 2004. My work activity certificate number Is 17634. Recently I have heard that the total intern time have Increased. So I would like to make sure If I stili should do only 500 intern hrs or more than that.

Currently I'm a PhD student in Pharmacy Health Care Administration, College of Pharmacy, University of Florida at Gainesville. Even though I received the intern permit last year, I couldn't start my internship becase of my busy courseworks from the school. But during this coming summer I will be able to start my internship. BTW is there any expiration date of intern permit? Mine was issued on Mar 24, 2004.

My last question is 'Is there any time limit per week for internship such as 40hrs or 50hrs per week?

Thanks for reading my email. I am looking forward to your answer.

Sincerely,

Jaemin Hwang

Jaemin Hwang Graduate Student P.O. Box 100496 Pharmacy Health Care Administration College of Pharmacy, University of Rorida Gainesville, FL 32610-0496 (Tel) 352-273-624B

g~ ~S! J~~ IIIH~ . .J1 ealJfI S!~ * 2.!.EiLIO. MSN ~i!!/~Af http://www.msn.co.kr/stock/

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~~~~:~_~~_~:~_~~~~~~:~_~~~~~~_~:~~_~:~~~~~~~~_~:anit/b.phP?c=f&i=31324232&m=d44ceeBge~9"_II!!!!~~!!! __ ~ EXHIBIT

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~-- ----. --.--.--------.. --~---------------------------.-J RE: Pharmacist internship From: Desire4LMercadoOdoh.state.fI.u5 Sent: Tue 5/03/05 5:00 PM To: jaemlnhwang@hotmall.com

Good afternoon, Thank you for your inquiry. If you are a US graduate with a Pharm.D. Degree .. you will not need to record your Internship hours. If you have been certified as a foreign graduate prior to 1/1/05, you will only be required to complete 500 hours of work activity in Florida. You may work up to 50 hours a week. Your certification will become Null & Void once you are licensed as a pharmacist. Respectfully,

Desiree Mercado Regulatory Specialist II Board of Pharmacy Florida Department of Health Phone (850) 245-4292 ext. 3603 Fax (850) 413-6982 deslree_mercado@doh.state,fI.us www.doh.state.f1.us/mqa

DOH Mission: To promote and protect the health and safety of all people in Florida through the delivery of quality public health services and promotion of health care standards. MQA Mission: To protect and promote the health of all persons in Florida by diligently regulating health care practitioners and facilities.

Please note: flOrida has a very broad public records law, Most written communications to or from state officials regarding state business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure.

-----Orlglnal Message-----From: Hwang Jaemin [mailto:jaeminhwang@hotmall.com] Sent: Tuesday, May 03, 20054:40 PM To: Mercado, Desiree; Merklson, Page Subject: Pharmacist intemship

<It Is the second time to send this message.>

Hello, I am a foreign pharmacy graduate and received Rorida Intern permit on Mar 24, 2004. My work activity certificate number is 17634. Recently I have heard that the total intern time have increased. So I would like to make sure if I stili should do only 500 intern hrs or more than that.

Currently I'm a PhD student in Pharmacy Health Care Administration, College of Pharmacy, University of florida at Gainesville, Even though I received the intern permit last year, I couldn't start my intemshlp becase of my ~usy courseworks from the school. But during this coming summer I will be able to start my intemshlp. BTW is there any expiration date of Intem permit? Mine was issued on Mar 24, 2004.

My last question is 'Is there any time limit per week for internship such as 40hrs or 50hrs EXHIBIT Thanks for reading my email. I am looking forward to your answer. I G Sincerely,

Jaemin Hwang

Jaemin Hwang Graduate Student P.O.Box 100496 Pharmacy Health Care Administration

• College of Pharmacy, University of Florida Gainesville, FL 32610-0496 (Tel) 352-273-6248

§~ ~.s: J.~ .t~.ll ~ofJII .tr~ * ~eLIQ. MSN §~/!?XJ. http://www.msn.co.kr/stock/

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._-------_._-----RE: Question from a foreign graduate From: Caro!yn_PriceOdoh.&tate.ft.us Sent: Mon 6/11/07 12:32 PM To: jaemlnhwang@hotmall.com ----------------------Hi Mr Hwang

Thank you for your recent email regarding TOEFL & TSE. r..ffimi~~Hiilertt:~l'I:iiil!l! T~eei~(;youJ!'··t'!le-.:Ii"':t;oeH7 :'scor~ A letter was mail to your preceptor in May.

Thank you Carolyn

Carolyn Price Regulatory Specialist I Florida Board of Pharmacy Medical Quality Assurance 850-245-4292 Ext. 360B 850-413-6982 (fax) www.doh.state.fl.us/mqa Carolyn_Price@doh.state.fl.us

How am I communicating? Please contact my manager Learn More about MQA's online services by visiting us at www.doh-mqaservices.com

Department Of Health Mission: To promote and protect the health and safety of all people in Florida through the delivery of quality public health services and promotion of health care standards. MQA Mission: The Division of Medical Quality Assurance protects the public through healthcare licensure, enforcement, and information.

I Vision: MQA will be the nation's leader in quality healthcare regulation.

I Board of Pharmacy Mission: To protect and promote

i the health of all persons in Florida by diligently regulating pharmacists, pharmacies, and pharmacy related matters.

'I Board of Pharmacy Vision: To be the best regulatory board in America.

I -----Original Message-----From: Hwang Jaemin [mailto:jaeminhwang@hotmail.comj

I Sent: Monday, June 11, 2007 12:09 PM I ' To: Price, Carolyn D; Decker, Diana

l Subject: Question from a foreign graduate .. ____ . __ .. ___ . __ ._ ... __ .... __ ....... __ ........ _ ... _._ ........... __ ... ______ .. _ .. _I

EXHIBIT

I H

Hello. I am a foreign graduate pharmacist and have been doing 500 intern hour at Gainesville, Florida.

I would like to know if you have all documents that I have sent so far. (such as Foreign Graduate Preceptor Registration form, TOEFL & TSE score)

I believe I can finish the 500 intern hour sometime in July. Then ~ I eligible to take board exam and law exam? Or what else step do I need to take?

FYI, my intern # is 17634.

Thanks.

Jae-Min Hwang

Graduate Student P.D.Box 100496

. Pharmacy Health Care Administration College of Pharmacy, University of Florida Gainesville, FL 32610-0496 (Tel) 352-273-6248

ou H ~ 0\1 hi ff :XUi ti~ ~ S:! UI.!i!. All Q http;//phonebuddy.msn.co.kr/

Jaemin Hwang (Intern #: 17634)

3567 Shallot Dr 101

Orlando, FL 32835

407-683-1497

jaeminhwang@hotmail.com

Aug 2, 2007

Board of Pharmacy

4052 Bald Cypress Way, Bin #C-04

Tallahassee, Florida 32399-3254

Dear whom it may concern:

Cover leffe r

I am a foreign phannacy graduate and have completed 500 hours of internship at VA Medical Center, Gainesville, Florida last Friday. Before I apply for licensure exams, I

would like to clarify required internship hours for me. Actually I asked about it to

Florida Board of Pharmacy in May 200S and received answers through emails (See

enclosures.) that I am required to complete only 500 hours since I have been certified

prior to Jan 1, 2005. (As you know, this is when 2080 hours of internship began to be

effective. FYI. I received the Florida Intern Certificate on Mar 24, 2004 and my work .

activity certificate number is 17634.) So I would like to make sure again if I am still

exempt from the 2080 internship hours or not before I start application process. I look

forward to your answer soon.

BTW, my address has been changed recently so please update my information. My

new address is 3567 Shallot Dr # 101 Orlando, FL 32835. Thanks.

Jaemin Hwang

Enclosures: Foreign Graduate Completed Work Activity Affidavit 500 hours, Six

assignments, and Copies of em ails from Florida Board ofPhannacy.

EXHIBrT

J .I

Windows Uve'·

RE: Pharmacist internship From: Page_MerklsonOdoh.state.ft.us Sent: Tue 5/03/05 4:55 PM To: jaemlnhwang@hotmail.c:om _J

Since you applied for the intern license prior to 1/1/05, you are only required to complete the 500 hours in Florida.

Page

-----Original Message-----From: Hwang Jaemin [mailto:jaemlnhwang@hotmail.com] Sent: Tuesday, May 03,20054:40 PM To: Mercado, Desiree; Merklson, Page Subject: Pharmacist internship

<It is the second time to send this message.>

Hello, I am a foreign pharmacy graduate and received Rorlda intern permit on Mar 24, 2004. My work activity certificate number is 17634. Recently I have heard that the total intern time have Increased. So I would like to make sure if I still should do only 500 Intern hrs or more than that.

Currently I'm a PhD student in Pharmacy Health Care Administration, College of Pharmacy, University of Florida at Gainesville. Even though I received the intem permit last year, I couldn't start my internship becase of my busy courseworks from the school. But during this coming summer I will be able to start my Internship. BTW is there any expiration date of intern permit? Mine was issued on Mar 24, 2004.

My last question is 'Is there any time limit per week for Internship such as 40hrs or 50hrs per week?

Thanks for reading my email. I am looking forward to your answer.

Sincerely,

Jaemin Hwang

Jaemin Hwang Graduate Student P.O.Box 100496 Pharmacy Health Care Administration College of Pharmacy, University of Aorida Gainesville, FL 32610-0496 (Tel) 352-273-6248

~i!!! ?8~ n~ lII~s::ill:!o~J!1 !r.~ '*' ~sUO. MSN 8~/9-Al http~llwww.msn.co.krlstock/

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Windows Live-

RE: Pharmacist internship From: Deslree_MercadoOdoh.state.f1.U5 Sent: Tue 5/03/05 5 :00 PM To: jaeminhwang@hotmail.com

Good afternoon, Thank you for your inquiry. If you are a US graduate with a Pharm.D. Degree,. you will not need to record your Internship hours. If you have been certified as a foreign graduate prior to 1/1/05, you will only be required to complete 500 hours of work activity In Aorida. You may work up to 50 hours a week. Your certification will become Null &. Void once you are licensed as a pharmacist. Respectfully,

Desiree Mercado Regulatory Specialist II Board of Pharmacy Florida Department of Health Phone (850) 245-4292 ext. 3603 Fax (850) 413-6982 deslree_mercado@doh .state.f1.us www.doh.state.f1.us/mqa

DOH Mission: To promote and protect the health and safety of all people In Florida through the delivery of quality public health services and promotion of health care standards. MQA Mission: To protect and promote the health of all persons in Florida by diligently regulating health care practitioners and fad lities.

Please note: Florida has a very broad public records law. Most written communications to or from state offidals regarding state business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure.

-----Origlnal Message-----From: Hwang Jaemin [mailto:jaeminhwang@hotmail.com] Sent: Tuesday, May 03, 20054:40 PM To: Mercado, Desiree; Merklson, Page Subject: Pharmacist internship

<It is the second time to send this message. >

Hello, I am a foreign pharmacy graduate and received Florida Intern permit on Mar 24, 2004. My work activity certificate number is 17634. Recently I have heard that the total Intern time have Increased. So I would like to make sure If I still should do only 500 Intern hrs or more than that.

Currently I'm a PhD student In Pharmacy Health Care Administration, College of Pharmacy, University of Florida at Gainesville. Even though I received the Intern permit last year, I couldn't start my Internship becase of my busy courseworks from the school. But during this coming summer I will be able to start my Internship. BTW Is there any expiration date of intern permit? Mine was issued on Mar 24, 2004.

My last question is 'Is there any time limit per week for internship such as 40hrs or 50hrs per week?

Thanks for reading my email. I am looking forward to your answer.

Sincerely,

Jaemin Hwang

Jaemin Hwang Graduate Student P.O.Box 100496 Pharmacy Health care Administration College of Pharmacy, University of Florida Gainesville, FL 32610-0496 (Tel) 352-273-6248

ei!! ~!r. J~~ 1I~2:l! ~oDIl !%!QI '* 'lleLlo. MSN ~,:,!!!/~;Q http://www.msn.co.kr/stock/

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RE: Question from a foreign graduate From: Carolyn_Price@doh.state.fI.us Sent: FrI9/07/07 8:11 AM To: jaemlnhwang@hotmail.com

Hi Ms Hwang

Thank you for your recent email regardingactivitymanuaI.ThIf:-di§paftmfi~1Y~~aNi;ilbOn ~lWgust~~200I;and mail you an exam package on the same day. On the paper work that we receive on 8th did not indicate that you request a change of address. I will update our system to reflect your new address today and mail you a examination package.

Thank you Carolyn

Carolyn Price Regulatory Specialist I Florida Board of Pharmacy

Medical Quality Assurance

850·245-4292 Ext 3608

850-413-&982 (fax)

www.doh.stIte.n.uslmqa

Carolyn_prlce@doh.state.fl.us

How am I communicating? Please contact my manager

Learn More about MQA's online services by visiting us at www.doh-mqaservices.com

Department Of Health Mission: To promote and protect the health and ulery of all people In Florlda through the delivery of qualffy public health "Mep and promotion of health Cllte standards.

MQA Mission: The DIvI5Ion of Medical Quality Assul1Utce protects the public through healtlrcare licensure, enforcement, and Information.

Vision: AlQA will be the nation's INder In IJrM/lty hee/theare regulation.

Board of Pharmacy Mission: To protect and promote the health of all persona in Florida by diligently regull1ting pharmacisflS, pharmacies, and pharmacy related mlllters.

Board of Pharmacy Vision: To be the bUt regulatory hoard in Amenca.

From: HwangJaemin [mailto:jaeminhwang@hotmail.com] Sent: Thursday, September 06,20073:09 PM To: Price, carolyn 0 Subject: RE: Question from a foreign graduate

Hello~ Ms Price.

EXHIBIT

I J

I t 1:'X-·"·nn.€i·-t:tt··~-~ft1-....I n.T ..1_;l.....;m~~."..=nn.-l.~. __ .:1 .. "'... b ~_,s~vrelou.·"'jaL law.c~~~,p,ol~"'''' " .... ,...,,n,,;J.'t.W1:yI1."-JU\7~_~'iD1XJ3SS1gnm.tmtsW3. out a month ago and would like to check if you have received them or not. I also requested update of my mailing address but when I checked Ucense Yerlficatlon Screen, it has not been updated yet. My new address is 3567 Shallot Dr #101 Orlando, FL 32835. FYI, my intern :if is 17634.

Thanks.

Jaemin Hwang

Graduate Student P.O.Box 100496 Pharmacy Health care Administration College of Pharmacy, University of Florida Gainesville, FL 32610-0496 (Tel) 352-273-6248

> Subject: RE: QUestion from a foreign graduate > Date: Mon, 11 Jun 2007 12:32:50 -Q400 > From: carolyn_Price@doh.state.fl.us > To: jaeminhWang@hotmail,com > > Hi Mr Hwang > > Thank you for your recent email regarding TOEFL &. TSE. The department has receive your tse &. toefl score. A letter was mail to your preceptor in May. > > Thank you > carolyn > > > carolyn Price > Regulatory Specialist I > Rorida Board of Pharmacy > Medical Quality Assurance > 850-245-4292 Ext. 3608 > 850-413-6982 (fax) > www.doh.state.f1.us/mqa > carolyn_Price@doh.state.fl.us

>--------------------------------> How am I communicating? Please contact my manager > Learn More about MQA's online services by visiting > us at www.doh-mqaservices.com > > Deparbnent Of Health Mission: To promote and protect the heal! th and safety of all people in Aorlda through the delivery of quality public health services and promotion of health care standards. > MQA Mission: The Division of Medical Quality Assurance protects the public through heaithcare licensure, enforcement, and information. > Vision: MQA will be the nation's leader in quality healthcare regulation. > Board of Pharmacy Mission: To protect and promote the health of all persons in Florida by diligently regulating pharmacists, pharmacies, and pharmacy related matters. > Board of Pharmacy Vision: To be the best regulatory board in America.

> > --Original Message--> From: Hwang Jaemin [mailto:jaeminhwang@hob'nail.com] > Sent: Monday, June 11, 2007 12:09 PM > To: Price, carolyn Dj Decker, Diana > Subject: Question from a foreign graduate > > Hello. I am a foreign graduate pharmacist and have been doing 500 intern hour at Gainesville, Florida. > I ! would like to know If you have all documents that I have sent so far.< BR» (such as Foreign Graduate Preceptor Registration form, TOEFL &. TSE score) > > I believe I can finish the 500 Intern hour sometime in July. Then am I eligible to take board exam and law exam? Or what else step do I need to take? > > FYI, my intem # is 17634. > > Thanks. > > > > Jae-Min Hwang > > Graduate Student > P.O.Box 100496 > Pharmacy Health care Administration > College of Pharmacy, University of Aorida Gainesville, FL 32610-0496 > (rei) 352-273-6248 >

>-------------------------------------------------> 0I1~A10\1M ~xt~ tn£ ~UI~M1Q http://phonebuddy.msn.co.kr/ >

~ E; ijj! C! ~ 2!-~, O~ ~ ~~ g O~ t:! 2.1 O\l ~ J I ~ ~ £ !? ~ ~ Windows Live Hotmall! 0: Ji g. Oil ~ ~ 011 i! t Windows Live Hotmail£ ~O~ 2 Q!

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1------------.. --------.-.-- ---- ----

RE: Question from a foreign graduate From: carolyn_PriceOdoh.sl:ate.fI.us Sent: Too 9/11/07 9:59 AM To: jaemlnhwang@hotmail.com ------------------------Hi Jaemin

Thank you for your recent email. You will need to complete 2080 hours_

Thank you Carolyn

CuoIyn Prtce RegtMIDry s.-..rlst I florida BoMI ofPhMnac:y lledlclll au_Illy Aa __

1SO-245-4Z12 Ext. 3101

.... 1W982(fu. _.doh ..... _lLuslmqa

c..otyn_PIIca@doh.stltl!.ft.us

How am I communicating? Please contact my manager

Learn More about MQA's online services by visiting us at www_doh-mgaservices.com

MQA MIaIon: 1JIe 0M.I0n of1ledlr:al QIHIfIfy.c-ptDhefs the public fhtough".""",.. nc.n..r., ~ Md lnfaniMfllM.

BoanI of PIrMMcy 1IIaIon: To ptf1fef:I and ptDmOfe file ,..."" of all petSOIIS InFforllM by~""""" ~ p/NInMcIM, UJd ~,.""." .........

I BoanI 01 PIrMMcy \fsIoft: To be the '-t """IY IJoMIIn Anwfc&. L____ _. ______ ._._

EXHIBIT

I K

From: Jaemin Hwang [mallto:jaeminhwang@hotmaH.com] sent: Sunday, september 09, 2007 11:51 PM To: Pr1ce, carolyn 0 SUbject: RE: Question from a foreign graduate

Dear Ms PrIce;

Thanks for your answer Ms Price. If you received the activity manual on August 8, then you would probably have seen a cover letter

I Induded in the envelope.

I On the letter, I actually requested a change of address and also asked a question about internship hour. So I am also waiting for the

. answer from Florida Board of Pharmacy. Since you said you did not I see any paperwork showing that I request a change of address, I am

I kind of afraid that there would be no answer for my question InCluded In the package you sent last friday. Attached are the ~ (MS Word file) and tw.:'·lett.ers·~.~a;~rd' ;~'1cw file). All of these ~~rijln~f~i@{li~nnthe' padcage that you received from me on August 8, 2007. If you would not be able to answer for my question, please forward this email to an appropriate person for that matter.

Thanks.

PS. I just checked at Ucense Verification Screen but my address has not been updated yet Do I have to walt a few days inore before It is effective on the system?

Jaemln Hwang

Graduate Student P.D.Box 100496 Pharmacy Health care Administration College of Pharmacy, University of Florida Gainesville, R. 32610-0496 (Tel) 352-273-6248

DIVISION OF MEDICAL QUALITY ASSURANCE BOARD OF PHARMACY

4052 BALD CYPRESS WAY, BIN #C-04 TALLAHASSEE, FLORIDA 32399-3254

(850) 2454292

FLORIDA DEPARTMENT OF

FOREIGN GRADUATE PHARMACIST EXAMINATION APPLICATION AND INSTRUCTIONS

Charlie Crist, Governor

AUGUST 2007

EXHIBIT

I L

Ana M. Viamonte Ros, M.D., M.P.H., State Surgeon General

Charlie Crist Governor

Ana M. Viamonte Res, M.D., M.P.H. State Surgeon General

Dear Foreign Graduate Pharmacist Licensure by Examination Applicant,

Thank you for applying for licensure as a Pharmacist in the State of Florida. The information in this packet has been designed to provide the essential information required to process your application in a timely manner. Your assistance in providing all required information will enable the Florida Board of Pharmacy (the board) staff to process your application as soon as possible. You are encouraged to apply as eartyas pOSSible, to avoid delays due to a large volume of applicants.

Florida Statutes require a completed application and fees before your application can be reviewed. You should use the enclosed checklist to ensure that aU sections of the application are complete and that the required forms are submitted. Please read these instructions carefully and fully before submitting the application. You should keep a copy of the completed application and all other materials sent to the board office for your records. When you mail the completed application and fees, use the address noted in the Instructions and on the application form.

When your application arrives, your fees will be deposited and verified before the staff review can begin. You wJ1l receive a letter acknowledging receipt of your application. The staff will notifY you within 30 days if any male rials are incomplete. UsuaUy, verifications of licensure from other states and transcripts from schools may take some time in arriving at the board office.

If you need to communicate with the board staff, you are encouraged to email the board staff at mqa...,Pharmacy@doh.state.tI.us, or you may at call us at (850) 245-4292. Phone calls are returned within 24 hours and emails are responded to within 48 hours during normal business hours. Our staff is committed to providing prompt and reliable information to our customers. Many procedures have been streamlined to expedite the processing of applications; we certainly welcome your comments on how our services may be improved.

Sincerely,

Rebecca R Poston, RPh., C.Ph. Executive Director Board of Pharmacy

General Information

The Florida Pharmacist Examination

In order to be licensed In the State of Florida, you must apply to the Florida Board of Pharmacy (the board), and have passing scores on the North American Phannacist Ucensure ExaminationTII (NAPLEX") and the Multlstate Pharmacy Jurisprudence Examination- (MPJee, (also referred to as the "Florida law exam"). Both parts of the exam are computerized and can be taken in your state. Exams are offered everyday of the year with the exception of holidays and Sundays. Please refer to the NAPL~IMPJr=- Registration Bulletin for testing locations in your state. The NAPl~IMPJr=- Registration Bulletin Is available on the National Association of Boards of Pharma~s (NABpi') website at www.nabp.net.

The board is now a participant in the NAPLExt' Score Transfer Program. If you elect to transfer your NAPLExtD score to Rorida, the score is good for three (3) years from the date you took the examination and you will have to fulfill all 'other requirements for licensure in Rorida which includes passing the MPJ~. Please review the reqUirements for the NAPLExe Score Transfer Program in the NAPL~/MPJ~ Registration Bulletin.

*If you passed the NAPLextD examinatton within the last 12 years, please visit our website at www.doh.state.fI.uslmqaipharmacy and review the requirements for licensure by endorsement to see If you qualify by this method. If you would like to apply by endorsement, please visit our website at www.doh.state.fI.uslmqaipharmacy to download an endorsement application.

Foreign graduate applicants (graduates of non-Accreditation Council of Pharmacy Education (ACPE) accredited programs) must meet the following requirements to be deemed eligible to sit for the Florida Pharmacist Examination:

1) Meet the qualifications for licensure in Section 465.007(1)(b) and (c), F.S:

2)

a. Submit evidence that the applicant is a graduate of a 4-year undergraduate pharmacy program of a school or college of pharmacy located outside the United States.

b. Has obtained passing scores on both the Test of English as a Foreign Language (TOEFL) and the Test of Spoken English (TSE).

c. Has completed 2080 internship hours in a program that has been approved by the board. (Per Rule 64616-26.2031(5), Florida Administrative Code (FAC.) a minimum of 500 hours of 2080 hour requirement must be completed in a supervised work activity program in the state of Florida under the supervision of a pharmacist licensed by the State of Rorida.)

Obtain a passing score on the Foreign Pharmacy Graduate Equivalency Examination (FPGE~ and become certified by the Foreign Pharmacy Graduate Equivalency Commission (FPGE~. To obtain information about this examination, please contact FPGEC· at 1600 Feehanville Drive, Mount Prospect, IL 60056, or call (847) 3914406.

Page 1 of2

........... -_.-------

Please provide the certification certificate (original) from the FPGEC· to the board with your application. Upon review of the certificate, we will make a copy and return the original to you.

Application Processing

Please read all application Instructions before completing your application.

PLEASE DO, NOT'COMPlEi'E THIS APPLICATION UNTIL YOU HAVE COMPLETED THE L FOLLOWING: . ~,--

• cOm.plete the FPGEC· certification process with NABpe. • 2080 reqlJired Intern hours. (SO~ In Florida.,. • Foreign Graduate Work Activity Manual:

Within 30 days of receipt of your application and fees, the board office will notify you of the receipt of your application, any required documents, and your status. Once your application is complete and you have registered for the NAPLExe and MPJE" as required, you should receive an Authorization to Test (An) from NABpe within 45 days. The board office must be notified in writing of anything which changes or affects a response given in your application (e.g., change of name, address, telephone number, arrests or convictions, licensure status or disciplinary action in another state, or an incorrect answer to a question). If you move, you must notify the board, as state mail is not forwarded. Please download a copy of the laws and rules from the board website at www.doh.state.fl.uslmqaipharmacy. for study purposes or you may contact our Customer Service Center at (850) 488-0595 to request a set.

Continuing Education All applicants must complete a course on medication errors prior to licensure. The course shall be no less than two (2) contact hours and shall cover the subjects listed in subsection 64816-26.103(1)(c), Florida Administrative Code (FAC.). Please refer to CE Broker's website at www.CEBroker.com and choose option #4 for a list of approved providers. Submit a copy of the course completion certificate to the board with your application (Item #2).

Grade Reports You will receive two (2) separate grade reports; the NAPL~ grade report and the MPJ~ grade report will be inailed to you within 30 days from your test date. Pass/Fall Infonnation Is not given out over the phone for any reason. Please walt 30 days from your test date before checking on results. If you have not received your results within 30 days, please notify the board and another copy will be mailed to you.

Board Licensure Procedure Once you have passed the exam(s), submitted all required documents, and met all licensure requirements, you will be licensed within 7 - 10 business days. A licensure letter will be mailed to you immediately and the license will be mailed within three (3) weeks. You may lookup your license number on our website at www.doh.state.fl.usImqa under "Lookup Licensee." You may begin practicing pharmacy on your licensure date •.

Withdrawals If you are unable to continue with the licensure process and wish to withdraw your application, you may submit a written request to the board office requesting a refund Of. the $195.00 initial

Page 2 of2

licensure/unlicensed activity fee. Please note that the $100.00 appllcatioo fee is non­refundable. The request must be received prior to the board's granting of licensure. The board reserves the right to deny your withdrawal request.

Special Testing Assistance If you have a disability and require some Special accommodation in taking the exam, please refer to the endosed information. If special accommodations are not requested in advance, the Department of Health (the department) cannot guarantee availability of accommodation on-site.

Please note, If the board has questions or concerns about the information contained in your application, you may be required to appear before the board prior to the granting of licensure.

Page 3 of2

REQUIREMENTS FOR FOREIGN GRADUATE PHARMACIST LICENSURE BY EXAMINATION

ITEM #1 - Social Security Form: Under the Federal Privacy Act, disclosure of Social Security Numbers is voluntary unless spectfically required by federal staMe. In this instance. Social Security Numbers are mandatory pursuant to TItle 42 United States Code. Sections 653 and 654; and Sections 456.013(12). 409.25n. and 409.2598, Rorida Statutes (F.S.). Social Security Numbers are used to allow efficient screening of applicants and licensees by a TItle IV­o child support agency to assure compliance with child support obligations. Social Security Numbers must also be recorded on all professional and occupational license applicatiohs and will be used for licensee identification pursuant to the Personal Responsibiflty and Work Opportunity Reconciliation Act of 1996 (Welfare Reform Act). 104 Pub. L. 193. Section 317. Please attach to Item #2 (Application for Pharmacist Examination) with a copy of your Social Security Card.

ITEM #2 - Foreign Graduate Application for Pharmacist Examination: All candidates must complete this application and have it notarized. If you answer "yes· to any of the questions in 20-27 on the application, please submit certified official court copies of any supporting documents for·the board to review. All sections must be completed in full. If an item is not applicable. indicate with N/A. N/A is not an acceptable. answer for yes or no questions and could result in a delay of processing. Failure to submit a complete application will result in a processing delay. If you provide false information, the board may deny your application for licensure. Please attach a 2x2 facial photo on the first page of the application and a check payable to THE FLORIDA DEPARTMENT OF HEALTH In the amount of $295.00.

ITEM #3 -Internship or Work Experience Fonn (Form Bl

Foreign Graduate licensure by examination applicants must complete 2080 internship hours, 500 of which must be completed in Florida. 1580 hours must be documented on the Internship or Work Experience Form (Form B). and the 500 hours completed in Florida must be documented on page 24 of the Foreign Graduate Work Activity Manual.

ITEM #4 - Licensure Verification Fonn: If you have been licensed in any other state, each state must submit a written verification of the current status of your license. It is the applicant's responsibility to contact each state in which they have held or currently hold a license to request licensure verification. The verification must be received directly from the state board of pharmacy. or it will not be accepted. The state board of pharmacy does not have to use the form included in this packet, they may submit their own. This infonnatlon is required even if you are no longer licensed in the state.

Page 1 of2

ITEM #5 • Special Testing Accommodations

Special Testing Accommodations Due to Disability Rules regarding examination procedures for candidates with disabilities are outlined in Chapter 648-1.005, FAC. In accordance with Chapter 648-1.005, FAC., the department will provide reasonable and appropriate accommodations to candidates with physical or learning disabilities to the extent permitted by cost, examination administration constraints, examination security considerations and availability of resources. candidates requesting special testing accommodations must file a completed application (Part I and Part II) with Testing Services, by the final published application deadline for the licensure examination for which the accommodation is requested.

It is the responsibility of the candidate to provide adequate documentation of hislher disability.

Requests From candidates Previously Receiving Special Accommodations: Applicants who have previously received special testing accommodations for an examination and need accommodation for another examination or for a retake of the same examination in Aorida must file a new application with Testing Services, each time an accommodation is needed.

Special Testing Accommodations Due to Religious Conflicts Modification to reporting times or alternate tests dates may be requested by candidates who, due to their religious beliefs, cannot attend the examination at the scheduled reporting time(s), or on the scheduled date(s). Candidates requesting such accommodation must make application with Testing Services, by the final published application deadline for the licensure examination for which the accommodation is requested. Each request should be accompanied by a letter from a retigious leader specifying the religious restrictions that apply.

Page 2of2

APPLICATION CHECKLIST

Keep a copy of the completed application for your records.

It is recommended that you use the following checklist to help ensure that your application is complete. Failure to attach any required document, or to have required documentation sent to the board, will result in an incomplete application. Final approval cannot be granted until the application is complete. Faxed applications will not be accepted.

__ Social Security Form (Item #1) - (Attach to Item #2)

__ Copy of Social Security Card attached.

__ Application for Foreign Graduate Pharmacist Licensure by Examination (Item #2)

__ 2"x2" photograph attached.

__ Check made payable to the FLORIDA DEPARTMENT OF HEALTH In the amount of $295.00 attached.

__ Internship or Work Experience Form (Form B - Item #4) - an affidavit must be completed by each employer.

__ Licensure Verification Form (Item #5) -must be completed by each state that you have held or currently hold a license. (The state board of pharmacy must submit the form directly to the Board of Pharmacy or it will not be accepted.)

__ Request for an Application for Special Testing Accommodations (Item #6) -required only for those students who wish to request special testing accommodations.

__ NAPLExtDI MPJe- (law exam) Registration Form - You may go online to NABpeos website at www.nabp.net to register and pay for the exams, or you may mail the appropriate fee with your registration forms to NABpt'. NABpe does not accept personal checks. Your payment must be in the form of a money order or Cashier's check. Submit your NAP~IMPJe- registration forms to: National Association of Boards of Phannacy, 1600 Feehanville Drive. Ml Prospect, IL 60056. Please DO NOT mail the NAPLExtDlMPJee registration fees and forms to the Board of Pharmacy.

__ Medication Errors Course - All applicants must complete a course on medication errors prior to licensure. The course shall be no less than two (2) contact hours and shall cover the subjects listed in subsection 64B16-26.103(1Xc}, F.A.C. Please refer to CE Broker'S website at www.CEBroker.com and choose option #4 for a list of approved providers. (Submit a copy of the course completion certificate to the Board of Pharmacy.)

__ Foreign Graduate Activity Manual - The assignments and Affidavit of Completion (page 23) of the manual must be sent with you application if you have not already mailed this information to the board office.

__ Foreign Phannacy Graduate Equivalency Commission (FPGEC®) Certification from NABpe - All graduates of non-ACPE accredited programs are required to successfully complete the FPGEce certification program administered by the National Association of Boards of Pharmacy (NABP). Please contact the FPGEC by phone at (847) 391-4502 or at www.nabp.net for information.

Please provide the certification certificate (Original) from the FPGEce, upon review of the certificate we will make a copy and retum the original to you.

Page 1 of 1

CONFIDENTIAL AND EXEMPT FROM PUBLIC RECORDS DISCLOSURE*

Name:

Florida Department of Health Board of Pharmacy

ITEM #1 - SOCIAL SECURITY FORM

--------------------------------------Last First Middle

Social Security Number: _____________________ _

* This page is exempt from public tecords disclosure pursuant to subparagraph 119.071(5)(a)2., Florida Statutes, which provides in relev~nt part: "An agency that collects social security numbers shall also segregate that number on a separate page from the rest of the record, or as otherwise appropriate, in order that the social security number be more easily redacted, if required, pursuant to a public records request."

DH-MQA 1106, 6/07

P.O. Box 6320 Tallahassee, Florida 32314-6320

Phone: (850) 245-4292 Fax: (850) 413-6982 Website: www.dob.statc.O.uslmqolplwmacy

Page 1 of 1

Board of Pharmacy Florida Department of Health 4052 Bald Cypress Way, Bin #C-04 Tallahassee, FL 32399-3254

Re: Application for Pharmacist License Pharmacist Intern No. 17634

Dear Ladies and Gentlemen:

Jaemin Hwang 4232 Centergate Lane #19-103 Orlando, FL 32814 August 17, 2009

I am forwarding my application for a pharmacist license. It is enclosed.

I began working on my Ph.D. in Pharmacy Health Care Administration at the University of Florida College of Pharmacy in Gainesville, Florida, in 2003. I originally received my pharmacist intern license in 2004. I took and passed the Test of Spoken English (TSE) with a score of 45. When the number of internship hours changed and was increased to require 2080 intern hours in 2005, I inquired if this would affect me. I was informed twice by the Board of Pharmacy that I only needed a total of 500 internship since I had applied for and received my pharmacist internship license in 2004 (see attached two e-mails). I was originally advised that since I had been granted my pharmacist intern license prior to 2005, that I would not be required to obtain the additional hours, only the 500. See attached e-mails.

I was also instructed that I could not submit my application until I had completed all of my internship hours and met all of the other requirements.

I decided to go ahead and become a licensed pharmacist now and to work as a pharmacist, instead of completing my Ph. D. However, I have been advised that I will need to obtain 2080 internship hours. I have not yet completed all of these. However. I am submitting my application in order to obtain a determination of whether I will be allowed to sit for the pharmacy exammation and become licensed as a pharmacist once I do complete the 2080 hours even though I only have a TSE of 45, which was the passing score at the time I took it, or to see if I must obtain the 2080 hours.

I stapped working temporarily to study for the new Internet Based TOEFL and I have taken it several times. Despite this, I still have not been able to pass with a high enough score so as to overcome the 45 TSE I previously received. I am submitting my application now and I will also be submitting a petition for a variance or waiver in order to obtain a waiver of Rule 64B16-26.2031, F.A.C., to accept my prior TSE score of 45. I will ask the Board of Pharmacy to approve me to sit for the examination and become a licensed phannacist even though I only received a TSE of 45. This way I will know that I will be allowed to sit for the examination once

EXHIBIT

I M

August 17, 2009 - Page 2-

......... - ... _--------

I have completed my internship and work hours. I am requesting that the Board of Pharmacy not act to deny my application until it has considered the petition for variance or waiver I will be filing.

Thank you very much for your consideration.

Sincerely,

Jaemin ang PharmaCist Intern #17634

enclosures: 1. E-mail from Page Merkison, Board of Pharmacy dated 5/3/05 2. E-mail from Desiree Mercado, Board of Pharmacy dated 5/3/05

Home ProfIle People Mal PhoIDs More. MSN.! I-Se.mfI __ the_welJ _____ .;;:a::.J1 Jaemin,.11 ...... Hotmall New I Delete Junlt I Mali( as, Move ID. I • Messenger. I •• -:;---~ ~ .. ~~l~=;~;;=--~=---~~~-::~;~:- ~=;=-~11 :. 11~~'7~~~~::~"":'':~~-=-~-----_J I DeIetied. (7) I From: Page.J4etldlDilOdab.state.ft.us I

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Sent: TIle 5/D3/f15 6:10 PM To: jaeminhwangCP/lOtmaILalm

Since you applied tor the intern license prior to 1/1/05, you are only required to complete the 500 hour. in Florida.

Page

-----Original Kessage-----From: Hwang Jaemin [mailto:jaeminhwang@hotmail.coml Sent: Tuesday, May 03. 2005 4:40 PH To: Mercado, Desiree; Merldson, Page Subject: Pharmacist internship

<It is the second time to send this message.>

Hello, I am a foreign pharmacy graduate and received Florida intern pe~t on Mar 24. 2004. My work activity certificate number i. 17634. Recently I have heard that the total intern time have increased. so I would like to make sure if I still should do only 500 intern hrs Or more than that.

Currently I'm a PhD stUdent in Pharmacy Health Care Administration. College of Pharmacy. University of Florida at Gainesville. Even though I received the intern permit last year, I couldn't start lIIy internship beease of my busy courseworks from the school. But during this coming summer I will be able to start my internship. 8TW is there any expiration date of intern ~rmit? Kine was issued on Mar 24. 2004.

My last question is 'Is there any time limit per week for internship such as COhrs or SOhrs per week?

Thanks for reading my email. I am looking forward to your answer.

Sincerely,

Jaetnin Hwang

Jaemin Hwang Graduate Stuaent P.O.Box 100496

. Pharmacy Health Care Administration i College of Pharmacy, University of Florida ·1 ITel) 352-273-6248

Gainesville, FL 32610-0496

I j

!

A?! ~.!t '18 .~:ii f!!8151 .!til * 'HeWO. MSN eii!!/"» http://www.msn.co.kr/stock/

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blocked for your safety. Show content ---------- . RE: Pharmacist internship From: Desiree_MercadoOdoh.state.fI.us

• You may not know this sender. Mark as safe Mark as junk

Sent: Tue 5/03/05 5:07 PM To: Jaeminhwang@hobnall.com

Good afternoon, Thank you for your inquiry. If you are a OS graduate with a Pharm.D. Degree, you will not need to record your internship hours. If you have been certified as a foreign graduate prior to 1/1/05, you will only be required to complete 500 hours of work activity in Florida. You may work up to 50 hours a week. Your certification will become Null , Void once you are licensed as a pharmacist. Respectfully,

Desir~e Hercado Regulatory Specialist II Board of Pharmacy Florida Department of Health phone (850) 245-4292 ext. 3603 Fax (850) 413-6982 desiree mercado~doh.state.fl.us www.doh~state.fl.us/mqa

DOH Hission: To promote and protect the health and safety of all people in Florida through the delivery of quality public health services and promotion of health care standards. KOA Hission: To protect and promote the health of all persons in Florida by diligently regulating health care practitioners and facilities.

Please note: Florida has a very broad public records law. Host written communications to or from state officials regarding state business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure.

-----Original Hessage-----From: Hwang Jaemin [mailto:jaeminhwang@hotmail.com]

Sent: Tuesday, May 03, 2005 4:40 PH To: Hercado, Desiree; Merkison, Page

<"

..• .... Z#!:::

Subject: Pharmacist internship

<It is the second time to send this message.>

Hello, I am a foreign pharmacy graduate and received Florida intern permit on Mar 24, 2004. My work activity certificate number is 17634. Recently I have heard that the total intern time have increased. So I would like to make sure if I still should do only 500 intern hra or more than that.

Currently I'm a PhD student in Pharmacy Health Care Administration, College of Pharmacy, University of Florida at Gainesville. Even though I received the intern permit last year, I couldn't start my internship becase of my busy courseworks from the school. But during this coming summer I will be able to s.tart my internship. BTW is there any expiration date of intern permit? Mine was issued on Mar 24, 2004.

My last question is 'Is there any time limit per week for internship such as 40hrs or 50hrs per week?

Thanks for reading my email. I am looking forward to your answer.

Sincerely,

Jaemin Hwang

Jaemin Hwang Graduate Student P.O.Box 100496 Pharmacy Health Care Administration College of Pharmacy, University of Florida Gainesville, FL 32610-0496 (Tel) 352-273-6248

http://www.msn.co.kr/stock/

BEGIN-ANTISPAM-VOTING-LINKS

Teach CanIt if this mail (10 3l324235} is spam: Spam: https:l/dohsmsiOl.doh.state.fl.us/canit/b.php? c=s&i-31324235~m~aelff8347d53 Not spam: https://dohsmsiOl.doh.state.fl.us/canit/b.php? c~n&i-31324235'mFaelff8347d53 Forget vote: https:lldohsmsiOl.doh.state.fl.us/canit/b.php? c~f~i=31324235'm=aelff8347d53

Jaemin Hwang 4232 Centergate Ln #19·103

(407) 683·1497 jaeminhwang@hotmail.com

PROFESSIONAL EXPERIENCES

Orlando Health, Orlando, FL Pharmacy Intern (781 hours)

June 2008- November 2008

Malcom Randall VA Medical Center, Gainesville, FL Pharmacy Intern (500 hours)

Jul2007 - May 2007

College of Pharmacy, University of Florida (UF), Gainesville, FL Aug 2007 - Sep 2006 Research Assistant

College ofPhannacy, University of Florida (UF), Gainesville, FL Aug 2006 - Sep 2003 Teaching Assistant for following classes

Pbarm.aceutical Skills Laboratory IIII Phannacotherapy II Basic Principles-Pharmacology State and Federal Pharmacy Law

National Cancer Center, South Korea Jun 2003 - Sep 2002 Hospital Pharmacist

Kamchodang Community Pharmacy, South Korea Sep 2002 - Aug 2001 Staff Pharm~cist

Janssen, South Korea Branch Feb 1999 - Jan 1999 Student Intern

KA TUSA (Korean Augmentation to the US Army) Sep 1998 - Jul 1996 Health Inspector, 3/th Medical Detachment

EDUCATION

Department of Phannacy Health Care Administration, College of Pharmacy, UF, Gainesville, FL

Master o/Science in Pharmacy

College of Pharmacy, Seoul National University, Seoul, South Korea Bachelor o/Science in Pharmacy

Dec 2007

Feb 2001

EXHIBIT

LICENSE

Florida state pharmacy intern license

Korea pharmacist license

EXPERIENCES

Phannacy software Microsoft office SPSS SAS Pyxis

Reference: Available upon request

.,

Mar 2004

Jun2001