STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL )

REGULATION, Board of Medical ) Examiners, )

)

Petitioner, )

)

vs. ) CASE NO. 82-711

)

EDUARDO A. LIRIANO, M. D., )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice the Division of Administrative Hearings by its designated Hearing Officer, Michael Pearce Dodson, held the final hearing in this case on October 7, 1982, in Tallahassee, Florida. The following appearances were entered:

APPEARANCES

For Petitioner: Chris D. Rolle, Esquire

Asst. Attorney General Department of Legal Affairs The Capitol, Suite 1602 Tallahassee, Florida 32301

For Respondent: No appearance was made

BACKGROUND

These proceedings began on February 12, 1982 when the Board of Medical Examiners entered an Order determining that Dr. Eduardo A. Liriano, who had received a license to practice medicine in Florida by endorsement, had not met the conditions of that licensure. His license was declared void and of no force and effect unless he requested a hearing pursuant to Section 120.57, Florida Statutes. By letter dated February 22, 1982 and received on February 26, 1982, Dr. Liriano filed a request for an administrative hearing. On March 9, 1982, the matter was forwarded to the Division of Administrative Hearings for the assignment of a Hearing Officer and the scheduling of a final hearing. At that hearing Petitioner offered Composite Exhibit No. 1 which was received into evidence.

FINDINGS OF FACT

1. On January 26, 1979 Dr. Eduardo A. Liriano was licensed to practice medicine in the State of Florida by endorsement as provided in Section 458.313, Florida Statutes. At the time of his request for an application for such licensure and at the time his certificate to practice was issued Dr. Liriano was informed that Section 458.313, Florida Statutes requires him to begin practicing

   medicine in the State of Florida within three years for a minimum period of one year and to give notice that he has fulfilled this requirement to the Petitioner.

   
   

2. Petitioner has received no notice from Dr. Liriano that he has met the foregoing terms and conditions of his licensure. On October 20, 1981 Petitioner sent correspondence to Dr. Liriano indicating that his license file failed to disclose any information to substantiate his compliance with the foregoing terms and conditions.

   
   

3. Subsequently on November 20, 1981 Petitioner again sent the same correspondence to Dr. Liriano, this time by certified mail, to his home address of 115 Dyer Court, Norwood, New Jersey. A certified mail receipt indicates that Dr. Liriano signed for that correspondence on February 9, 1982. No explanation for the delay between mailing and receipt appears in this record.

   
   

4. Because Dr. Liriano had failed to respond to the Board's inquiries about his fulfillment of the terms and conditions for his licensure the Board on February 12, 1982, entered an Order declaring his license void. By a letter received at the Board on February 26, 1982, Dr. Liriano requested the instant proceedings. In his request for proceedings he noted that he was looking forward to the possibility of moving to Florida and keeping his license active until he made a final decision.

   
   

5. Subsequent to the forwarding of this case to the Division of Administrative Hearings an Order dated March 16, 1982 was entered by the Hearing Officer. That Order required the parties to inform the Hearing Officer of the estimated length of time necessary to conduct the final hearing and to suggest a location most convenient for the parties and witnesses. No response to that Order was received from Dr. Liriano. On May 10, 1982 the instant proceedings were noticed for October 7, 1982, at 10:00 a.m., in Tallahassee, Florida.

   
   

6. The final hearing commenced at 10:20 a.m., after the Petitioner and the Hearing Officer waited twenty minutes for the appearance of Dr. Liriano. He did not appear.

   
   

7. From the foregoing it is found that Dr. Liriano has not used his license to actively engage in the practice of medicine in the State of Florida within three years from January 26, 1979. Furthermore, he has failed to demonstrate that he has been in the military service of the United States during that time.

   
   

   CONCLUSIONS OF LAW

   
   

8. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this case. Section 120.57(1) and Section 455.225(4), Florida Statutes (1981).

   
   

9. Section 458.313, Florida Statutes (1981) provides in pertinent part:

   
   

   1. The department shall issue a license by endorsement to any applicant who, upon applying to the department and remitting a fee not to exceed $250 set by the board,

      demonstrates to the board that he has met the qualifications for licensure in s.

      458.311

      and:

      (3) A license so issued by endorsement shall become void and of no force and effect unless the recipient utilizes the same by actively engaging in the practice

      of medicine in this state within three years after issuance of the license and continues his practice in this state for a minimum period of one year. Use and residence may be postponed until the holder has been discharged from military service of the United States.

      
      

10. Dr. Liriano has failed to actively engage in the practice of medicine in the State of Florida within the three year time period required by the foregoing section. It is therefore concluded that his license has become void and is of no force and effect.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED:

That the Florida Board of Medical Examiners enter a Final Order declaring void and of no force and effect, Dr. Liriano's license.

DONE and RECOMMENDED this 8th day of October, 1982, in Tallahassee, Florida.

MICHAEL P. DODSON

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 8th day of October, 1982.

COPIES FURNISHED:

Chris D. Rolle, Esquire Assistant Attorney General Department of Legal Affairs The Capitol, Room 1602 Tallahassee, Florida 32301

Eduardo A. Liriano, M.D.

115 Dyer Court

Norwood, New Jersey 07648

Dorothy J. Faircloth, Executive Director Florida Board of Medical Examiners

130 North Monroe Street Tallahassee, Florida 32301

Samuel R. Shorstein, Secretary Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 82-000711

Orders for Case No: 82-000711