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Donna Erlich
Donna Erlich
Visitors: 81
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Bar #233031(FL)     License for 48 years
Tallahassee FL

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04-004477RP  FLORIDA CHIROPRACTIC ASSOCIATION, INC., AND MARC H. KALMANSON, D/B/A HOLISTIC HEALTHCARE CONSULTANTS, INC. vs DEPARTMENT OF HEALTH, DIVISION OF MEDICAL QUALITY ASSURANCE  (2004)
Division of Administrative Hearings, Florida Filed: Dec. 16, 2004
Whether the proposed changes to proposed Rule 64B-5.001 published in the Florida Law Weekly (FAW) on December 17, 2004, (the proposed changes), constitute an invalid exercise of delegated legislative authority pursuant to the provisions of Section 120.56(1) and (2), Florida Statutes (2004).1 Whether the proposed changes are inconsistent with the Final Order entered in DOAH Case 04-3172RP on November 23, 2004.Respondent`s proposed changes to proposed rules are not an invalid exercise of delegated legislative authority, and the changes to the proposed rules are not inconsistent with the conclusions of the Final Order entered in Doah Case No. 04-3172RP.
04-003172RP  FLORIDA CHIROPRACTIC ASSOCIATION, INC., AND MARC H. KALMANSON, D/B/A HOLISTIC HEALTHCARE CONSULTANTS, INC. vs DEPARTMENT OF HEALTH, DIVISION OF MEDICAL QUALITY ASSURANCE  (2004)
Division of Administrative Hearings, Florida Filed: Sep. 08, 2004
Whether the definition for the term “approved provider” in proposed rules 64B-5.001 and 64B-5.002 constitutes an invalid exercise of delegated legislative authority pursuant to the provisions of Section 120.56(1) and (2), Florida Statutes (2004).1The proposed definition of the term "approved provider" cannot include all providers whose continuing education programs are merely subject to being approved, as opposed to having been approved.
03-002940RX  LUZ MARINA VILAR vs DEPARTMENT OF HEALTH, BOARD OF PHYSICAL THERAPY PRACTICE  (2003)
Division of Administrative Hearings, Florida Filed: Aug. 13, 2003
Whether the last sentence of Rule 64B17-3.003, Florida Administrative Code, which provides that "[a]n applicant who has failed to pass the [physical therapist licensure] examination after five attempts, regardless of the jurisdiction through which the examination was taken, is precluded from licensure [by endorsement]," is an "invalid exercise of delegated legislative authority," within the meaning of Section 120.52(8)(c), Florida Statutes.The Board of Physical Therapy practice rule provision denying licensure by endorsement to anyone who fails to pass the National Physical Therapy Examination in five attempts is held not to be an invalid exercise of delegated legislative authority.
03-002941RX  FABIOLA PACHECO vs DEPARTMENT OF HEALTH, BOARD OF PHYSICAL THERAPY PRACTICE  (2003)
Division of Administrative Hearings, Florida Filed: Aug. 13, 2003
Whether the last sentence of Rule 64B17-3.003, Florida Administrative Code, which provides that "[a]n applicant who has failed to pass the [physical therapist licensure] examination after five attempts, regardless of the jurisdiction through which the examination was taken, is precluded from licensure [by endorsement]," is an "invalid exercise of delegated legislative authority," within the meaning of Section 120.52(8)(c), Florida Statutes.The Board of Physical Therapy practice rule provision denying licensure by endorsement to anyone who fails to pass the National Physical Therapy Examination in five attempts is held not to be an invalid exercise of delegated legislative authority.
03-002942RX  JAIME TATIS vs DEPARTMENT OF HEALTH, BOARD OF PHYSICAL THERAPY PRACTICE  (2003)
Division of Administrative Hearings, Florida Filed: Aug. 13, 2003
Whether the last sentence of Rule 64B17-3.003, Florida Administrative Code, which provides that "[a]n applicant who has failed to pass the [physical therapist licensure] examination after five attempts, regardless of the jurisdiction through which the examination was taken, is precluded from licensure [by endorsement]," is an "invalid exercise of delegated legislative authority," within the meaning of Section 120.52(8)(c), Florida Statutes.The Board of Physical Therapy practice rule provision denying licensure by endorsement to anyone who fails to pass the National Physical Therapy Examination in five attempts is held not to be an invalid exercise of delegated legislative authority.
03-002943RX  ANGELICA MORELLI vs DEPARTMENT OF HEALTH, BOARD OF PHYSICAL THERAPY PRACTICE  (2003)
Division of Administrative Hearings, Florida Filed: Aug. 13, 2003
Whether the last sentence of Rule 64B17-3.003, Florida Administrative Code, which provides that "[a]n applicant who has failed to pass the [physical therapist licensure] examination after five attempts, regardless of the jurisdiction through which the examination was taken, is precluded from licensure [by endorsement]," is an "invalid exercise of delegated legislative authority," within the meaning of Section 120.52(8)(c), Florida Statutes.The Board of Physical Therapy practice rule provision denying licensure by endorsement to anyone who fails to pass the National Physical Therapy Examination in five attempts is held not to be an invalid exercise of delegated legislative authority.
03-002944RX  PATRICIA NORIEGA vs DEPARTMENT OF HEALTH, BOARD OF PHYSICAL THERAPY PRACTICE  (2003)
Division of Administrative Hearings, Florida Filed: Aug. 13, 2003
Whether the last sentence of Rule 64B17-3.003, Florida Administrative Code, which provides that "[a]n applicant who has failed to pass the [physical therapist licensure] examination after five attempts, regardless of the jurisdiction through which the examination was taken, is precluded from licensure [by endorsement]," is an "invalid exercise of delegated legislative authority," within the meaning of Section 120.52(8)(c), Florida Statutes.The Board of Physical Therapy practice rule provision denying licensure by endorsement to anyone who fails to pass the National Physical Therapy Examination in five attempts is held not to be an invalid exercise of delegated legislative authority.
98-005637  PANKAJ R. DESAI, M.D. vs BOARD OF MEDICINE  (1998)
Division of Administrative Hearings, Florida Filed: Dec. 24, 1998
The issue is whether Respondent properly denied Petitioner's application for licensure as a physician by endorsement.Petitioner not entitled to license by endorsement despite Respondent`s failure to comply with time frames of Sections 120.60(1) and 458.313(3), Florida Statutes. Evidence indicates Petitioner intentionally misrepresented information in application.
99-004489  MAGALIS AGUILERA vs DEPARTMENT OF HEALTH, BOARD OF PSYCHOLOGY  (1999)
Division of Administrative Hearings, Florida Filed: Oct. 25, 1999
The issues in this case are whether the Petitioner's application for a provisional license as a psychologist and/or the Petitioner's application for licensure as a psychologist by examination should be granted or denied.Graduate from a non-accredited psychology doctorate program is not eligible for a provisional license, but is eligible for licensure by examination if the program was comparable to accredited programs.
02-004916RX  JOHN W. SULLIVAN, D.C., AND FLORIDA CHIROPRACTORS PHYSICIANS ASSOCIATION, INC. vs DEPARTMENT OF HEALTH, BOARD OF CHIROPRACTIC MEDICINE  (2002)
Division of Administrative Hearings, Florida Filed: Dec. 30, 2002
Whether Rule 64B2-17.0025(4), Florida Administrative Code, constitutes an invalid exercise of delegated legislative authority.Rule prohibiting chiropractors from administering injectable vitamins not invalid exercise of delegated legislative authority; evidence established statutory definitions of "legend drugs" included injectable vitamins, making administration off-limits.

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