Leon FL Lawyers | Kathrin Francesca Plendl -- 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.

96-000793 BOARD OF MEDICINE vs PHILLIP WILLIAM LORTZ (1996)

Division of Administrative Hearings, Florida Filed: Feb. 09, 1996

The issues are whether Respondent committed the offenses set forth in the Administrative Complaint, and if so, what penalty should be imposed.Physician formed physician/patient relationship with A. S. when he agreed to perform physical examination at his home.

94-000288 BOARD OF MEDICINE vs ESMILDO E. MACHADO (1994)

Division of Administrative Hearings, Florida Filed: Jan. 19, 1994

The issue in this case is whether disciplinary action should be taken against Respondent's license to practice medicine based upon the alleged violations of Section 458.331(1), Florida Statutes, set forth in the Administrative Complaint filed by Petitioner.Respondent dispensed drugs and prescriptions to undercover Drug Enforcement Agency agent for money; Entrapment defense rejected; 5 year suspension recommended.

93-000929 BOARD OF MEDICINE vs JOHN P. CHRISTIE (1993)

Division of Administrative Hearings, Florida Filed: Feb. 19, 1993

This is a license discipline case in which the Petitioner seeks to take disciplinary action against the Respondent on the basis of allegations of a violation of Section 458.331(1)(t), Florida Statutes.Presumption in section 766.102(4) applies to prosecution under section 458.331(t). Here other evidence rebutted presumption and charges should be dismissed.

93-003339 BOARD OF MEDICINE vs ALEXANDER SONKIN (1993)

Division of Administrative Hearings, Florida Filed: Jun. 17, 1993

Whether Respondent engaged in malpractice by his alleged failure to practice medicine with that level of care, skill and treatment which is recognized by a reasonably prudent, similar physician as being acceptable under similar conditions and circumstances in violation of Subsection 458.331(1)(t), Florida Statutes, warranting disciplinary action against his license.Respondent did not engage in malpractice in the course of his medical practice.

93-007000F ADA GONZALEZ vs BOARD OF MEDICINE (1993)

Division of Administrative Hearings, Florida Filed: Dec. 10, 1993

At issue in this proceeding is whether petitioner is entitled to an award of attorney's fees and costs pursuant to Sections 57.111 and 120.57(1)(b)5, Florida Statutes, and, if so, the amount of such award.Agency failed to sustain its burden that its action in initiating the under-lying administrative complaint was substantially justified; Attorney Fees awarded

Kathrin Francesca Plendl