Leon FL Lawyers | John Michael Knight -- eLawyers

06-002899RP FLORIDA MEDICAL ASSOCIATION vs DEPARTMENT OF HEALTH, BOARD OF PHARMACY (2006)

Division of Administrative Hearings, Florida Filed: Aug. 14, 2006

Whether proposed rule 64B16-27.830 of the Board of Pharmacy (Board) is an invalid exercise of delegated authority pursuant to Section 120.52(8), Florida Statutes?Proposed rule 64B16-27.830(4) is an invalid delegation of delegated legislative authority because Respondent failed to follow applicable rulemaking procedures; exceeded its grant of rulemaking authority; and the rule is arbitrary and capricious.

00-004737RX FLORIDA MEDICAL ASSOCIATION, INC. vs DEPARTMENT OF HEALTH, BOARD OF ACUPUNCTURE (2000)

Division of Administrative Hearings, Florida Filed: Nov. 21, 2000

Whether the Florida Medical Association, Inc. and Florida Association of Physicians Assistants have standing to initiate this challenge to an existing rule. (See Section 120.56(3), Florida Statutes.) Whether Rule 64B1-3.001(6), Florida Administrative Code, constitutes an invalid exercise of delegated legislative authority because it exceeds the Board of Acupuncture's rulemaking authority contained in Section 457.104, Florida Statutes. (See Section 120.52(8)(b), Florida Statutes). Whether Rule 64B1-3.001(6), Florida Administrative Code, constitutes an invalid exercise of delegated legislative authority because it enlarges, modifies, or contravenes the provisions of Section 457.102, Florida Statutes. (See Section 120.52(8)(c), Florida Statutes).Petitioners` members, licensed under Chapters 458 and 459, Florida Statutes, did not have standing to challenge Board of Acupuncture rules defining "acupuncture physician" under Chapter 457, Florida Statutes.

01-000025RP FLORIDA MEDICAL ASSOCIATION, INC. vs DEPARTMENT OF HEALTH, BOARD OF ACUPUNCTURE (2001)

Division of Administrative Hearings, Florida Filed: Jan. 04, 2001

Whether the Florida Medical Association and Florida Association of Physicians Assistants have standing to initiate this challenge to the proposed rules. (See Section 120.56(3) Florida Statutes.) Whether proposed Rules 64B1-4.010 and 64B1-4.011, Florida Administrative Code, constitute invalid exercises of delegated legislative authority because they exceed the Board of Acupuncture's rulemaking authority contained in Section 457.104, Florida Statutes. (See Section 120.52(8)(b), Florida Statutes.) Whether proposed Rules 64B1-4.010 and 64B1-4.011, Florida Administrative Code, constitute invalid exercises of delegated legislative authority because they enlarge, modify, or contravene the provisions of Section 457.102, Florida Statutes. (See Section 120.52(8)(c), Florida Statutes.)Petitioners, governed by Chapters 458 and 459, Florida Statutes, had no standing to challenge Board of Acupuncture rules defining diagnosis, traditional Chinese medical concepts, and modern Oriental medical techniques, promulgated under Chapter 457.

99-004167RP FLORIDA MEDICAL ASSOCIATION vs DEPARTMENT OF HEALTH, BOARD OF PODIATRIC MEDICINE (1999)

Division of Administrative Hearings, Florida Filed: Oct. 04, 1999

The issue presented is whether Respondent's proposed Rule 64B18-23.001, Florida Administrative Code, is an invalid exercise of delegated legislative authority.Proposed rule is invalid since it exceeded the Board`s rulemaking authority, was arbitrary and capricious, and was not supported by competent or substantial evidence.

99-005337RP FLORIDA MEDICAL ASSOCIATION, FLORIDA OSTEOPATHIC MEDICAL ASSOCIATION, FLORIDA ACADEMY OF FAMILY PHYSICIANS, FLORIDA CHAPTER, AMERICAN COLLEGE OF PHYSICIANS, AMERICAN SOCIETY OF INTERNAL MEDICINE, FLORIDA CHAPTER OF AMERICAN COLLEGE OF SURGEONS, FLORIDA S vs DEPARTMENT OF HEALTH, BOARD OF NURSING (1999)

Division of Administrative Hearings, Florida Filed: Dec. 20, 1999

Is proposed rule 64B9-4.009 of the Board of Nursing an invalid exercise of delegated legislative authority? Section 120.52(8), Florida Statutes.The Board of Nursing did not have the authority to promulgate a rule allowing nurses to prescribe controlled substances.

98-001178RP FLORIDA MEDICAL ASSOCIATION, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION (1998)

Division of Administrative Hearings, Florida Filed: Mar. 06, 1998

Is proposed rule 59G-3.010(4)(b)2.c. an invalid exercise of delegated legislative authority, for reasons described in the respective petitions that formed the basis of this dispute? See Section 120.56(2), Florida Statutes.Agency did not have legislative authority to implement a policy change, only the Legislature had authority.

97-005909RU ROBERT ANTHONY SAVONA, D.O.; JOHN F. HULL, D.O.; ROBERT L. KAGAN, M.D.; AND FLORIDA MEDICAL ASSOCIATION, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION (1997)

Division of Administrative Hearings, Florida Filed: Dec. 15, 1997

Whether AHCA’s non-rule policy regarding the reimbursement of Medicare Part B physician crossover claims is invalid as a consequence of noncompliance with requirements of Section 120.54(1)(a), Florida Statutes.Respondent's publication of rule changes obviates need for challenge to non-rule policy where Respondent proceeded expeditiously and in good faith with rule-making.

95-005575 SOUTH EASTERN COUNSELING CENTER, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION (1995)

Division of Administrative Hearings, Florida Filed: Nov. 17, 1995

The issue for resolution is whether Petitioners' Medicaid provider numbers should be cancelled as proposed by the respondent agency.Community mental health service providers without HRS contracts are not entitled to participate in medicaid program administered by AHCA.

94-003772CON ENGLEWOOD COMMUNITY HOSPITAL, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION (1994)

Division of Administrative Hearings, Florida Filed: Jul. 14, 1994

Whether the application for a certificate of need filed by Englewood Community Hospital, to establish an adult inpatient cardiac catheterization program in District 8 meets the statutory and rule criteria for approval.Applicant would not reach 300 cardiac catherization procedures by 2nd year. Project not financially feasible.

93-004908CON LAWNWOOD MEDICAL CENTER, INC., D/B/A LAWNWOOD REGIONAL MEDICAL CENTER vs MARTIN MEMORIAL MEDICAL CENTER, INC. (1993)

Division of Administrative Hearings, Florida Filed: Aug. 25, 1993

Which, if any, of the applications meet the statutory and rule criteria for the issuance of a certificate of need to operate an adult open heart surgery program in AHCA District 9.Geographic access immproved with open heart surgery con for more centrally located hospital; further from and with less impact on existing distric providers

John Michael Knight