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DEPARTMENT OF HEALTH, BOARD OF PHARMACY vs WAYNE THOMAS WHITE, R. PH., 14-002740PL (2014)
Division of Administrative Hearings, Florida Filed:Tallahassee, Florida Jun. 12, 2014 Number: 14-002740PL Latest Update: Dec. 23, 2024
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MICHAEL MCMILLAN, D.M.D. vs DEPARTMENT OF HEALTH, BOARD OF DENISTRY, 02-002156F (2002)
Division of Administrative Hearings, Florida Filed:Fort Myers, Florida May 23, 2002 Number: 02-002156F Latest Update: Apr. 25, 2003

The Issue The issue for determination is whether Respondent was substantially justified, within the meaning of Section 57.111, Florida Statutes (2002), in initiating disciplinary proceedings against Petitioner, a licensed dentist, in Division of Administrative Hearings (DOAH) Case Number 01-3509PL (the underlying case). (All statutory references are to Florida Statutes (2002) unless otherwise stated.)

Findings Of Fact 1. Petitioner is a licensed dentist in the State of Florida pursuant to license number DN9676. Respondent is the state agency charged with regulating the practice of dentistry pursuant to Section 20.43, Chapter 456, and Chapter 466. 2. Several facts are not disputed by the parties. Petitioner filed this proceeding pursuant to Section 57.111. Respondent initiated the underlying case. Respondent is not a nominal party. Petitioner is a "prevailing small business party." The attorney's fees sought by Petitioner are reasonable in an amount up to $15,000.00. The statutory cap of $15,000.00 applies in this case. 3. At the Probable Cause meeting of June 12, 2001, the members of the Probable Cause Panel had probable cause to believe that Petitioner violated applicable law by failing to refer his patient to a specialist for lingual nerve damage suffered by the patient when Petitioner extracted the patient's wisdom teeth. At the Probable Cause meeting, the Panel received the entire investigative file, including all medical records, a statement and expert opinion submitted on the behalf of Petitioner by his attorney, and the expert opinion of Nidal Elias, D.D.S. M.S., submitted by Respondent. 4. Dr. Elias reviewed the medical records and rendered an expert opinion that the medical records submitted by Petitioner did not contain an indication that Petitioner referred his patient to a specialist. The medical records failed to reveal that the Petitioner referred the patient to a specialist. 5S. The medical records did not contain an express notation that Petitioner referred the patient to a specialist and did not contain a referral form. The Probable Cause Panel correctly determined probable cause existed for initiating disciplinary action against Petitioner. 6. The Administrative Complaint filed in the underlying case alleged that Petitioner failed to refer his patient to a specialist. However, counsel for Respondent attempted to prove that Petitioner failed to refer his patient in a timely manner. The ALJ excluded any evidence of the untimely nature of a referral to a specialist because the Administrative Complaint did not allege that Petitioner failed to refer his patient ina timely manner. The ALJ found the evidence to be less than clear and convincing that Petitioner failed to refer his patient to a specialist.

Conclusions For Petitioner: William M. Powell, Esquire Powell & Steinberg, P.A. 3515 Del Prado Boulevard Waterside Plaza, Suite 101 Cape Coral, Florida 33904 For Respondent: Trisha D. Bowles, Esquire Prosecution Services Unit Department of Health 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265

Other Judicial Opinions A party who is adversely affected by this Final Order is entitled to judicial review pursuant to Section 120.68, Florida Statutes. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing the original notice of appeal with the Clerk of the Division of Administrative Hearings and a copy, accompanied by filing fees prescribed by law, with the District Court of Appeal, First District, or with the District Court of Appeal in the Appellate District where the party resides. The notice of appeal must be filed within 30 days of rendition of the order to be reviewed.

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DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs JAMES D. GODWIN, III, M.D., 08-001635PL (2008)
Division of Administrative Hearings, Florida Filed:Tallahassee, Florida Apr. 04, 2008 Number: 08-001635PL Latest Update: Dec. 23, 2024
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DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs WILLIAM H. WYTTENBACH, M.D., 15-000098PL (2015)
Division of Administrative Hearings, Florida Filed:Tallahassee, Florida Jan. 08, 2015 Number: 15-000098PL Latest Update: Dec. 23, 2024
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DEPARTMENT OF HEALTH, BOARD OF NURSING vs MARY MCNEELY, 01-003039PL (2001)
Division of Administrative Hearings, Florida Filed:Tallahassee, Florida Jul. 27, 2001 Number: 01-003039PL Latest Update: Dec. 23, 2024
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DEPARTMENT OF HEALTH, BOARD OF NURSING vs KATHLEEN A. DIFIORE, 00-000393 (2000)
Division of Administrative Hearings, Florida Filed:Orlando, Florida Jan. 24, 2000 Number: 00-000393 Latest Update: Dec. 23, 2024
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DEPARTMENT OF HEALTH, BOARD OF PHARMACY vs DONNY R. JOHN, 00-003825PL (2000)
Division of Administrative Hearings, Florida Filed:Daytona Beach, Florida Sep. 14, 2000 Number: 00-003825PL Latest Update: Dec. 23, 2024
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DEPARTMENT OF HEALTH, BOARD OF NURSING vs BELINDA S. RADFORD, 00-000767 (2000)
Division of Administrative Hearings, Florida Filed:Lake City, Florida Feb. 18, 2000 Number: 00-000767 Latest Update: Dec. 23, 2024
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