Appeals (380.07(3)) —
Applicant Has the Burden of Proof By a Preponderance of the Evidence, IX-2367.
Burden of Proof Is On Petitioner, IX-2368.
Comm. Must Rely On the Record Developed At DOAH, IX-2369.
Comm. Review Is De Novo, IX-2370.
DOAH Formal Hearing Is De Novo & Must Comply With All Applicable Legal Requirements, IX-2371.
Issues Subject to Review Are Not Limited, IX-2372.
Local Government’s Decision Is Not Entitled to a Presumption of Validity, IX-2373.
Local Issues Are Not Subject to a Different Standard of Review As Compared to State or Regional Issues, IX-2374.
Petitioner Has the Burden of Proof By a Preponderance of the Evidence, IX-2375.
Purpose Behind Comprehensive State-Level Review Examined, IX-2376.
Stay of Challenged Development Order, IX-2377.
Challenge to Denial of Proposed Change to City of Bonita Springs DRI, IX-2378.
Challenge to Flagler County Denial of Amendments to DRI, IX-2379.
Challenges to Polk County Development Order —
Safari Wild Tourist Attraction — County Approval Quashed, IX-2380.
DRI — Amendments to —
Consistency With the Comprehensive Plan Discussed, IX-2381.
Development Order Restriction Preempts Any Contrary Local Zoning, IX-2382.
Must Obtain Local Approval & Comply With the Comprehensive Plan, IX-2383.
Substantial Deviations Discussed, IX-2384.
Development Order —
Agriculture Exemption Found Inapplicable, IX-2385.
Agritourism Defined, IX-2386.
Agritourism Status Found Irrelevant, IX-2387.
Development Defined, IX-2388.
Facial Challenge to 11.045 & 112.3215 Regarding Regulation & Discipline of Lobbyists —
Assailed Provision Found Not to Violate Separation of Powers, to Have Been Validly Enacted & Not to Infinge On Judicial Power, IX-2389.
Abortion Clinic (See HEALTH CARE ADMINISTRATION, Agency For (AHCA))
Acupuncturist (See ACUPUNCTURE, Bd. of), IX-2390.
Assisted Living Facility (See HEALTH CARE ADMINISTRATION, Agency For (AHCA))
Certificate (Teaching) (See CERTIFICATE (Teaching))
Child Care (See CHILDREN & FAMILIES, Dept. of (DCF))
Chiropractor (See CHIROPRACTIC, Bd. of)
Clinical Laboratory Personnel (See CLINICAL LABORATORY PERSONNEL, Bd. of)
Commercial Fishing (See FISH & WILDLIFE CONSERVATION Comm. (FWCC))
Dentist (See DENTISTRY, Bd. of)
Dietician (See DIETETICS & NUTRITION PRACTICE COUNCIL)
Emergency Medical Technician (See HEALTH, Dept. of (DOH))
Fishing (See FISH & WILDLIFE CONSERVATION Comm. (FWCC))
Fishing, Hunting or Trapping (See FISH & WILDLIFE CONSERVATION Comm. (FWCC))
Food Service Establishment (See HEALTH, Dept. of (DOH))
Foster Parent (See CHILDREN & FAMILIES, Dept. of)
Gun (See AGRICULTURE & CONSUMER SERVICES, Dept. of, Div. of Licensing)
Health Care Clinic (See HEALTH CARE ADMINISTRATION, Agency For (AHCA))
Home Health Agency (See HEALTH CARE ADMINISTRATION, Agency For (AHCA))
Hospital (See HEALTH CARE ADMINISTRATION, Agency For (AHCA))
Hunting (See FISH & WILDLIFE CONSERVATION Comm. (FWCC))
Massage Therapist (See MASSAGE, Bd. of)
Motor Vehicle Dealer Franchise (See HIGHWAY SAFETY & MOTOR VEHICLES, Dept. of (HSMV))
Nurse (See NURSING, Bd. of)
Nursing Home (See HEALTH CARE ADMINISTRATION, Agency For (AHCA))
Occupational Therapist (See OCCUPATIONAL THERAPY, Bd. of)
Optician (See OPTICIANRY, Bd. of)
Optometrist (See OPTOMETRY, Bd. of)
Osteopathic Physician (See OSTEOPATHIC MEDICINE, Bd. of)
Pain Management Clinic (See HEALTH, Dept. of (DOH))
Paramedic (See HEALTH, Dept. of (DOH))
Pharmacist (See PHARMACY, Bd. of)
Pharmacist Intern (See PHARMACY, Bd. of)
Pharmacist Technician (See PHARMACY, Bd. of)
Physical Therapist (See PHYSICAL THERAPY PRACTICE, Bd. of).
Physician (See MEDICINE, Bd. of).
Physician Assistant (See MEDICINE, Bd. of)
Podiatrist (See PODIATRIC MEDICINE, Bd. of)
Prescription Drug Wholesaler (See HEALTH, Dept. of (DOH))
Psychologist (See PSYCHOLOGICAL EXAMINERS, Bd. of)
Radiologist (See RADIOLOGY TECHNOLOGY, Bd. of).
Real Estate Appraiser, Broker, Salesperson (See REAL ESTATE Comm.)
Renewal —
Amendment of Statute Governing Renewal During Renewal Period, IX-2391.
Denial — Burden of Proof —
Agency Must Provide & Prove Specific Reasons, IX-2392.
Agency Must Provide Reasons Supported By Competent Substantial Evidence, IX-2393.
Clear & Convincing Evidence, IX-2394.
Not Merely a Ministerial Act, IX-2395.
On Applicant, IX-2396.
Preponderance of the Evidence, IX-2397.
Violations By a Current Licensee Can Provide a Basis, IX-2398.
Untimely Application, IX-2399.
Respiratory Therapist (See MEDICINE, Bd. of ; RESPIRATORY THERAPY, Bd. of)
Security Guard (See AGRICULTURE & CONSUMER SERVICES, Dept. of)
Septic Tank Contractor (See HEALTH, Dept. of (DOH))
Speech, Language Pathology & Audiology (See SPEECH, LANGUAGE PATHOLOGY & AUDIOLOGY, Bd. of)
Teacher (See CERTIFICATE (Teaching))
Applicant Has Burden of Proof —
Agency Denial of Otherwise Qualified Applicant, IX-2400.
Agency Reasons For Denial Must Be Specifically Stated, IX-2401.
At Each & Every Step of the Proceeding, IX-2402.
By a Preponderance of the Evidence, IX-2403.
Licensure Proceeding Is Not Penal —
Applicant Has Burden of Proof, IX-2404.
Preponderance of Evidence Standard Found Applicable, IX-2405.
Application —
Agency Has Broad Authority to Determine the Fitness of Applicants, IX-2406.
Contrition For an Uneven Past Need Not Be Demonstrated, IX-2407.
Criminal Charge — Out-of-State — Grand Jury Fails to Indict, IX-2408.
Default (See PRACTICE & PROCEDURE)
Educational Requirements Found Lacking, IX-2409.
False or Misleading Information, IX-2410.
Fitness of Applicant — Occupations of Privilege vis Right, IX-2411.
Good Moral Character — Question of Fact, IX-2412.
Incomplete Applications, IX-2413.
Unwillingness to Accept Responsibility For an Uneven Past Distinguished From a Lack of Honesty, IX-2414.
By Endorsement —
Equivalency Between Testing Regimes Found Established Over Contrary DOAH Recommendation, IX-2415.
Examination —
Challenge to Grading —
Applicant Has Burden of Proof By a Preponderance of the Evidence, IX-2416.
Standing — 10% Rule — Cannot Be Waived, IX-2417.
Florida State Employees Charitable Campaign —
Denial of Claim to Undesignated Funds Affirmed & Reversed In Part, IX-2418.
Order On Motion For Rehearing: Marion County v. Green III, et. al., IX-2419.
Declaratory Statement (See Also DECLARATORY STATEMENTS)
License —
Criminal Conviction — Sexual Battery, IX-2420.
Emergency Suspension —
Alcohol Abuse While On Duty, IX-2421.
Criminal Charge — Battery On a Law Enforcement Officer & Resisting Arrest, IX-2422.
Criminal Charge — Sexual Abuse of Client, IX-2423.
Criminal Charge — Sexual Battery, IX-2424.
Criminal Conviction — Sale of Cocaine/Possession of Oxycodone/Possession of Cocaine, IX-2425.
Criminal Plea — Possession of Drug Paraphernalia, IX-2426.
Criminal Plea — Reckless Driving, IX-2427.
Failure to Comply With IPN Contract, IX-2428.
Failure to Contact PRN, IX-2429.
Gross or Repeated Malpractice, IX-2430.
Inability In Profession (Alcohol & Drug Abuse), IX-2431.
Inability In Profession (Alcohol Dependence), IX-2432.
Inability In Profession (Cursing & Intoxicated At Work), IX-2433.
Inability In Profession (Opiate Dependency & Anxiety Disorder), IX-2434.
Inability In Profession (Opiate Dependence), IX-2435.
Inability In Profession (Psychological Problems), IX-2436.
Order Lifting Emergency Suspension: In Re: Daryl J. Russell, IX-2437.
Order Lifting Emergency Suspension: In Re: Gustavo Bajas, IX-2438.
Positive Drug Screen — Alcohol, IX-2439.
Positive Drug Screen — Dilute Sample, IX-2440.
Positive Drug Screen — Marijuana & Amphetamine, IX-2441.
Positive Drug Screen — Xanax & Hydrocodone, IX-2442.
Sexual Abuse of Client, IX-2443.
Sexual Abuse of Employee, IX-2444.
Unacceptable Level of Care, IX-2445.
False Statements On Licensure Application, IX-2446.
Sexual Misconduct, IX-2447.
Unacceptable Level of Care, IX-2448.
Adult Day Care Home —
Failure to Produce Core-Competency Training Certificates For Staff, IX-2449.
Assisted Living Facility (ALF) —
Failure to Prepare, Sign & Date Resident Service Plans, IX-2450.
Community-Based Services Waiver Program (See Also PERSONS WITH DISABILITIES, Agency for (APD), Community Based Waiver Program) —
Contract (See CONTRACTS (Bids/Protests))
Developmental Services —
Challenge to the 2001-2002 Per Diem Rate, IX-2451.
Health Care Administration, Agency For (AHCA) —
AHCA Audit Report & Work Papers — Alone Can Constitute a Prima Facie Case, IX-2452.
AHCA Audit Report & Work Papers — Constitute Competent Substantial Evidence, IX-2453.
AHCA Motion to Restrict Use & Disclosure of Information Regarding Applicants & Beneficiaries Granted, IX-2454.
Audit — Discussion of Sampling Technique, IX-2455.
Has the Burden of Proof By Clear & Convincing Evidence — Fine, IX-2456.
Has the Burden of Proof By Clear & Convincing Evidence, IX-2457.
Has the Burden of Proof By a Preponderance of the Evidence, IX-2458.
Mechanics of the Program — Examined, IX-2459.
Medicare Reimbursement Policies Are Not Germane, IX-2460.
Overpayment — AHCA Duty to Recoup — Explored, IX-2461.
Overpayment — AHCA Has the Burden of Proof Regarding By a Preponderance of the Evidence, IX-2462.
Overpayment — Defined & Discussed, IX-2463.
Overpayment — Erroneous Termination of Medicaid Provider License By Another Agency Is Not Alone A Basis For Recoupment, IX-2464.
Overpayment — Establishment & Effect of the Prima Facie Case, IX-2465.
Overpayment — Recoupment of Is Not a Penalty, IX-2466.
Overpayment — Recoupment Order Affirmed —
Overpayment Defined, IX-2467.
Recoupment of Overpayment Is Mandatory Despite Hardship, IX-2468.
Settlement Proceeds — Failure of Settlement to Distinguish Between Medical Expenses & Damages, IX-2469.
Overpayment — Violation Need Not Be Done “Knowingly” To Be Actionable, IX-2470.
Penalty — AHCA Has the Burden of Proof By Clear & Convincing Evidence, IX-2471.
Penalty — Can Recover Its Costs, IX-2472.
Penalty — Costs Incurred By AHCA Are Recoverable — DOAH Resolves Disputes Regarding, IX-2473.
Penalty — Defined & Discussed, IX-2474.
Penalty — Imposition of a Fine Discussed, IX-2475.
Penalty — Interest On Late Payments of Reimbursement, IX-2476.
Per Diem Reimbursement Rate —
Accrual Accounting Must Be Used, IX-2477.
Employee Awards Are Not Allowable, IX-2478.
Generally Accepted Auditing Standards Must Be Utilized, IX-2479.
Imputed Costs For Voluntary Services Not Contemplated, IX-2480.
Out-of-Period Expenses, IX-2481.
Provider Has the Burden of Proof By a Preponderance of the Evidence, IX-2482.
Return On Equity Examined, IX-2483.
Prior Approval By KePro Does Not Estop AHCA From Pursuing An Overpayment Later, IX-2484.
Purpose of the Program Examined, IX-2485.
Requisite — Records — Requirements Examined, IX-2486.
Rules — DOAH Challenge to Validity — DOAH Finds Jurisdiction Contrary to AHCA Assertions, IX-2487.
Statutes, Rules, Policies & Handbook In Effect During the Period When Services Were Provided Apply, IX-2488.
Home & Community Based Services Provider —
Recoupment of Overpayment, IX-2489.
Home Health Agency —
Finding That Services For Autistic Child Were Not Medically Necessary Affirmed, IX-2490.
Overpayment, IX-2491.
Termination of Provider For Site Visit Deficiencies —
AHCA Subsequent Denial of Change of Ownership Application Affirmed, IX-2492.
Home Health Aide Services —
Denial of Pre-Authorization Reversed & Remanded For Failure to Consider Relevant Standard, IX-2493.
Hospital —
Nonemergency Medical Services Rendered to Undocumented Aliens, IX-2494.
Overpayment, IX-2495.
Medicaid Third Party Liability Act —
Circuit Court Motion to Determine Lien — Personal Injury Settlement —
AHCA Medicaid Lien Limited to Portion of Settlement Allocated to Past Medical Expenses, IX-2496.
Order On Motion For Rehearing and/or Certification: Garcon & Robinson v. AHCA, IX-2497.
Personal Injury Settlement — Medicaid Lien Attaches Even When a Settlement Is Not Allocated, IX-2498.
Settlement of Claim — 409.910(1) Is Not Federally Preempted — Lien Attaches to Settlement Even If Not Allocated, IX-2499.
Medical Equipment Supplier —
Failure to Provide Required Training Prior to Setting Up Medical Equipment, IX-2500.
Failure to Retain Required Medical Records, IX-2501.
Medical Necessity —
Defined & Discussed, IX-2502.
Prior Approval Is Not Dispositive, IX-2503.
Provider Must Substantiate, IX-2504.
Nurse Practitioner —
Failure to Properly Document Services Billed & Collected, IX-2505.
Overpayment, IX-2506.
Nursing Home —
Disallowance of Expense For Liability Insurance & Accrued Liability Costs, IX-2507.
Interim Rate Increase —
Burden of Proof — Provider — Preponderance of the Evidence, IX-2508.
Self-Insured Losses Related to Settlement of a Lawsuit — Denied, IX-2509.
Medicare Reimbursement Policies Are Not Germane, IX-2510.
Per Diem Rate — 2009 — Challenge to Calculation of, IX-2511.
Per Diem Rate — Licensed Bed Capacity Found Not to Reflect Actual Number of Beds, IX-2512.
Pharmacy —
Overpayment, IX-2513.
Physical, Speech & Occupational Therapy —
Recoupment of Overpayment With Interest Ordered / Fine, IX-2514.
Physician —
Obstetrician — More Than Allowed Visits During Pregnancy, IX-2515.
Overpayment — Recoupment of, IX-2516.
Overpayment — Recoupment Ordered, IX-2517.
Overpayment, IX-2518.
Podiatrist–
Overpayment — Recoupment Ordered, IX-2519.
Provider —
Change of Ownership Application —
AHCA Has Broad Discretion, IX-2520.
Proposed New Owner Is the Focus, IX-2521.
Duty to Provide Documentation Regarding Compliance With Applicable Regulations, IX-2522.
Participation Is Voluntary, IX-2523.
Requisite Records — Purchase of Bankrupt Company Provides No Excuse For Inadequate Records, IX-2524.
Psychologist —
Overpayment, IX-2525.
Attorney’s Fees & Costs (See Also PRACTICE & PROCEDURE) —
Dept. of Health Attorney’s Fees Found Not Properly Documented, IX-2526.
Declaratory Statements (See DECLARATORY STATEMENTS)
Discipline (See Also DISCIPLINE) —
Bd. Order Imposing Costs & Attorney’s Fees Affirmed —
Issue Found Not Properly Raised & Preserved Below, IX-2527.
Medical Malpractice —
Deficiencies In Medical Records Do Not Constitute, IX-2528.
Defined, IX-2529.
Kickbacks For Referral of Patients (See Also DECLARATORY STATEMENTS) —
Caselaw Under Analagous Federal Law (Stark Act) Found Pertinent, IX-2530.
Patient Self-Referral Act of 1992 Examined, IX-2531.
Wife’s Investment Interest Is Imputed to the Physician But Not the Group or Its Staff, IX-2532.
License —
Abortion — Third Trimester — Performing Outside a Hospital —
Bd. Discipline Affirmed, IX-2533.
Criminal Prosecution Is Not a Prerequisite to Discipline, IX-2534.
Controlled Substances —
Illicitness Is Not An Element of the Offense, IX-2535.
Inappropriate or Excessive Prescriptions, IX-2536.
Prescription of Anabolic Steroids to a Female Bodybuilder, IX-2537.
Prescription Other Than In Course of a Professional Practice, IX-2538.
Criminal Conviction —
Distribution of Oxycodone, IX-2539.
Criminal Plea —
Conspiracy to Commit Healthcare Fraud, IX-2540.
Emergency Restriction —
Controlled Substances — Inappropriate or Excessive Prescriptions, IX-2541.
Controlled Substances — Prescription Other Than In Course of a Professional Practice, IX-2542.
Controlled Substances — Prescription Without First Conducting Physical Examinations, IX-2543.
Controlled Substances — Presigned Prescription Forms, IX-2544.
Failure to Keep Requisite Written Records, IX-2545.
Gross or Repeated Malpractice, IX-2546.
Prescription Other Than In Course of Practice, IX-2547.
Sexual Misconduct With Patient, IX-2548.
Unacceptable Level of Care, IX-2549.
Emergency Suspension —
Aiding & Abetting Unlicensed Personnel, IX-2550.
Controlled Substances — Administering to Oneself, IX-2551.
Controlled Substances — Dispensing Other Than In the Course of a Professional Practice, IX-2552.
Controlled Substances — Distribution to a Minor Without a Prescription, IX-2553.
Controlled Substances — Inappropriate or Excessive Prescriptions, IX-2554.
Controlled Substances — Obtaining By Fraud, IX-2555.
Controlled Substances — Prescription After Voluntary Relinquishment of License, IX-2556.
Controlled Substances — Prescription Other Than In Course of a Professional Practice, IX-2557.
Controlled Substances — Prescription Without First Conducting Physical Examinations, IX-2558.
Controlled Substances — Prescription Without Requisite DEA Registration, IX-2559.
Controlled Substances — Prescription to Fictitious Persons, IX-2560.
Controlled Substances — Presigned Prescription Forms, IX-2561.
Controlled Substances — Self Prescription, IX-2562.
Controlled Substances — Unauthorized Signing of Another Doctor’s Prescription Pads, IX-2563.
Controlled Substances — Writing Prescriptions In Exchange For Sex, IX-2564.
Criminal Charge — Battery, IX-2565.
Criminal Charge — Conspiracy to Distribute Controlled Substances, IX-2566.
Criminal Charge — Conspiracy to Distribute Controlled Substances/Money Laundering/Mail & Wire Fraud, IX-2567.
Criminal Charge — Conspiracy to Traffic In Controlled Substances, IX-2568.
Criminal Charge — Delivering & Trafficking In Controlled Substances, IX-2569.
Criminal Charge — Driving Under the Influence (DUI), IX-2570.
Criminal Charge — Driving While License Revoked, IX-2571.
Criminal Charge — Knowingly Prescribing Controlled Substances In An Unregistered Pain Management Clinic, IX-2572.
Criminal Charge — Mail & Wire Fraud, IX-2573.
Criminal Charge — Money Laundering, IX-2574.
Criminal Charge — Obtaining Controlled Substances By Fraud, IX-2575.
Criminal Charge — Owning or Operating An Unregistered Pain Management Clinic, IX-2576.
Criminal Charge — Possession of Amphetamine, IX-2577.
Criminal Charge — Possession of Cocaine/Oxycodone/Alprazolam, IX-2578.
Criminal Charge — Possession of Cocaine, IX-2579.
Criminal Charge — Possession of a Controlled Substance, IX-2580.
Criminal Charge — Prescription of Controlled Substances Outside the Course of the Professional Practice / Mail & Wire Fraud, IX-2581.
Criminal Charge — Trafficking In Illegal Drugs/Possession of a Controlled Substance/Possession of a Controlled Substance Without a Prescription, IX-2582.
Criminal Charge — Trafficking In Methamphetamine & Possession of Paraphernalia, IX-2583.
Criminal Conviction — Conspiracy to Commit Health Care Fraud, IX-2584.
Criminal Conviction — Conspiracy to Commit Health Care Fraud & Destruction of Records, IX-2585.
Criminal Conviction — Conspiracy to Defraud, IX-2586.
Criminal Conviction — Conspiracy to Distribute Controlled Substances, IX-2587.
Criminal Conviction — Health Care Fraud & Unlawful Distribution of Controlled Substances, IX-2588.
Criminal Conviction — Medicaid Fraud, IX-2589.
Criminal Conviction — Medicare & Medicaid Fraud, IX-2590.
Criminal Conviction — Submitting False & Fraudulent Claims, IX-2591.
Criminal Conviction — Unlawfully Dispensing Controlled Substances, IX-2592.
Criminal Plea — Conspiracy to Commit Fraud — Found Not Related to Medicaid Program — Emergency Suspension Stricken, IX-2593.
Criminal Plea — Conspiracy to Commit Healthcare Fraud/Health Care Fraud, IX-2594.
Criminal Plea — Conspiracy to Defraud, IX-2595.
Criminal Plea — Conspiracy to Distribute a Controlled Substance, IX-2596.
Criminal Plea — Engaging In Organized Scheme to Defraud, IX-2597.
Criminal Plea — Illegally Dispensing a Controlled Substance, IX-2598.
Criminal Plea — Medicaid Fraud, IX-2599.
Criminal Plea — Medicare Fraud, IX-2600.
Criminal Plea — Obtaining Controlled Substances By Fraud, IX-2601.
Criminal Plea — Possession of Cocaine, IX-2602.
Criminal Plea — Prostitution, IX-2603.
Criminal Plea — Trafficking In Cocaine, IX-2604.
Criminal Plea — Voluntary Manslaughter of Wife, IX-2605.
Default On Student Loan, IX-2606.
Failure to Complete Period of Obligated Service, IX-2607.
Failure to Comply With Lawfully Issued Subpoena, IX-2608.
Failure to Comply With PRN Contract, IX-2609.
Failure to Comply With Previous Bd. Order, IX-2610.
Failure to File Requisite Report, IX-2611.
Failure to Keep Requisite Written Records, IX-2612.
Failure to Notify Bd. of Criminal Problems, IX-2613.
Failure to Obtain Informed Consent, IX-2614.
Failure to Perform Statutory or Legal Obligation, IX-2615.
Failure to Register Office Performing Surgical Procedure, IX-2616.
Failure to Submit Biannual Reports, IX-2617.
Fraudulent Conduct, IX-2618.
Gross or Repeated Malpractice, IX-2619.
Improper Delegation to Unlicensed Personnel, IX-2620.
Inability In Profession (Alcohol Dependency), IX-2621.
Inability In Profession (Anxiety & Mood Disorder), IX-2622.
Inability in Profession (Chronic Mood Disorder/Major Depression/Borderline Personality/Moral Turpitude), IX-2623.
Inability In Profession (Cognitive Disorder & Memory Impairment), IX-2624.
Inability In Profession (Controlled Substance Abuse), IX-2625.
Inability In Profession (Impaired At Work), IX-2626.
Inability In Profession (Limited Vision), IX-2627.
Inability In Profession (Mental Condition), IX-2628.
Inability In Profession (Opiate Dependence), IX-2629.
Inability In Profession (Polysubstance Abuse), IX-2630.
Insurance Fraud, IX-2631.
Lack of Good Moral Character, IX-2632.
Lifted: Jeffrey Friedlander, M.D., IX-2633.
Medicaid — Emergency Suspensions Are Restricted to Statutorily-Enumerated Offenses Related to Medicaid, IX-2634.
Moral Turpitude, IX-2635.
Operating Beyond Scope of License, IX-2636.
Operating Beyond Scope of Restricted License, IX-2637.
Order Vacating: Mendelsohn, IX-2638.
Order Vacating: In Re: Joseph M. Hernandez, IX-2639.
Positive Drug Screen — Amphetamines, IX-2640.
Positive Drug Screen — Cocaine, IX-2641.
Positive Drug Screen — Demerol, IX-2642.
Positive Drug Screen — Hydrocodone, IX-2643.
Positive Drug Screen — Marijuana, IX-2644.
Positive Drug Screen — Opioids, IX-2645.
Positive Drug Screen — Oxycodone, IX-2646.
Positive Drug Screen — Percocet, IX-2647.
Positive Drug Screen — Proxyphene, IX-2648.
Quashed Due to Failure to Provide Factual Allegations of Particularized Harm, IX-2649.
Refusal to Submit to Evaluation, IX-2650.
Refusal to Submit to Required Drug Test, IX-2651.
Sexual Abuse of Patient, IX-2652.
Sexual Misconduct With Female Minor, IX-2653.
Sexual Relations With Female Patients, IX-2654.
Unacceptable Level of Care, IX-2655.
Violation of Board Order, IX-2656.
Violation of Rule, IX-2657.
Exploiting Patient For Financial Gain, IX-2658.
Failure to Ensure That the Pause Rule Was Implemented, IX-2659.
Failure to Keep Requisite Written Records, IX-2660.
Filing a False Report, IX-2661.
Gross or Repeated Malpractice, IX-2662.
Improper Delegation to Unlicensed Personnel —
Allowing IV Infusion Therapy to Be Performed By a Medical Assistant, IX-2663.
Improper Delegation to Unlicensed Personnel, IX-2664.
Inability In Profession —
Actual Harm to Patient Need Not Be Established, IX-2665.
Not All Impairments Are Actionable, IX-2666.
Psychological Disorder, IX-2667.
Medical Records Violation Does Not Constitute, IX-2668.
Performing Surgery On the Wrong Patient, IX-2669.
Physician Need Not Prove Exculpatory Facts, IX-2670.
Renewal — Termination For Cause As a Medicaid Provider, IX-2671.
Sexual Misconduct —
Physician-Patient Relationship Can Be Informal, IX-2672.
Sexual Misconduct, IX-2673.
Unacceptable Level of Care —
Bd. Discipline — Reversed After Acceptance of DOAH Recommended Fact Findings, IX-2674.
Bd. Has Ultimate Fact Finding & Identification of the Appropriate Standard Responsibilities – Not DOAH, IX-2675.
Fixed Vaginal Delivery Deadline Cannot Be Established, IX-2676.
Medical Records Violation Does Not Constitute, IX-2677.
Performing a Hysterectomy Without First Ascertaining the Results of a Positive Pregnancy Test, IX-2678.
Quantity of Controlled Substances Prescribed Alone Cannot Support a Violation, IX-2679.
Standard of Care Is Necessarily Flexible, IX-2680.
Standard of Care Is a Minimum Practice Standard, IX-2681.
Wrong Site Procedure — Bd. Discipline Affirmed, IX-2682.
Wrong Site Procedure — Explanation of Extenuating Circumstances Is Permissible, IX-2683.
Wrong Site Procedure — No Presumption of a Violation of a Standard of Care, IX-2684.
Wrong Site Procedure Does Not Necessarily Entail, IX-2685.
Wrong Site Procedure, IX-2686.
Unacceptable Level of Care, IX-2687.
License — Physician Assistant —
Emergency Suspension —
Criminal Charge — Sexual Battery On a Person With Is Physically Incapacitated, IX-2688.
Criminal Conviction — Conspiracy to Commit Health Care Fraud/Aiding & Abetting Health Care Fraud, IX-2689.
Failure to Comply With PRN Contract, IX-2690.
Inability In Profession (Opiate Dependence & Depression), IX-2691.
Positive Drug Screen — Ultram, IX-2692.
Refusal to Submit Required Drug Test, IX-2693.
Sexual Abuse of Patient, IX-2694.
Licensure — Dietician/Nutrition Council —
By Endorsement —
Washington State Requirements Found Substantially Equivalent to Florida’s, IX-2695.
Medical Records —
Requisite Scope & Detail — Examined, IX-2696.
Violation of Standards Governing Is Not a Standard of Care Violation, IX-2697.
Negative Drug Formulary Discussed, IX-2698.
Area of Critical State Concern —
Designation As Examined, IX-2699.
Denial of Challenge to 2008 Region III Water Supply Plan — Affirmed & Reversed In Part, IX-2700.
Jurisdiction —
Exclusive Authority For Permitting the Consumptive Use of Water, IX-2701.
Permit —
Residential Wells — Dept. of Community Affairs Notice of Violation — Writ of Quo Warranto Issued, IX-2702.
Nursing Home —
Challenge to Conditional Rating, IX-2703.
Failure to Prevent Falls, IX-2704.
Failure to Properly Assess Residents, IX-2705.
Failure to Provide Single Station Battery-Operated Smoke Alarm, IX-2706.
Declaratory Statement (See Also DECLARATORY STATEMENTS)
License —
Bd. Revocation —
Bd. Motion to Relinquish Jurisdiction Treated As Confession of Error After Issue Raised Regarding Notice of the Hearing, IX-2707.
Reversed As In Excess of Rule Penalty Guidelines Without the Requisite Explanation, IX-2708.
Discipline (See Also DISCIPLINE) —
Permanent Revocation Affirmed — Fine Reversed & Remanded As In Excess of Guidelines, IX-2709.
Emergency Restriction —
Criminal Charge — Operating Beyond Scope of License, IX-2710.
Criminal Plea — Unlawful Sexual Activity With a Minor, IX-2711.
Failure to Report Criminal Plea to the Board, IX-2712.
Operating Beyond Scope of License, IX-2713.
Unacceptable Level of Care, IX-2714.
Emergency Suspension —
Absence From Work — Excessive — Unexcused, IX-2715.
Alcohol — Under the Influence At Work, IX-2716.
Conspiracy to Commit Health Care Fraud/False Statements to Determine Rights For Benefits, IX-2717.
Controlled Substances — Administering Without Doctor’s Orders, IX-2718.
Controlled Substances — Cocaine Abuse, IX-2719.
Controlled Substances — Distribution of For Other Than Legitimate Purposes, IX-2720.
Controlled Substances — Improper Possession of, IX-2721.
Controlled Substances — Obtaining By Fraud, IX-2722.
Controlled Substances — Possession of For Other Than Authorized, Legitimate Purposes, IX-2723.
Controlled Substances — Possession of Hydromorphone, IX-2724.
Controlled Substances — Prescription Other Than In Course of a Professional Practice, IX-2725.
Controlled Substances — Violation of Narcotic Access Restriction, IX-2726.
Controlled Substances — Writing Fraudulent Prescriptions, IX-2727.
Criminal Charge — Abuse of An Elderly/Disabled Person, IX-2728.
Criminal Charge — Aggravated Battery On a Child, IX-2729.
Criminal Charge — Aggravated Stalking, IX-2730.
Criminal Charge — Armed Robbery, IX-2731.
Criminal Charge — Attempting to Obtain a Controlled Substance By Fraud, IX-2732.
Criminal Charge — Battery, IX-2733.
Criminal Charge — Domestic Violence, IX-2734.
Criminal Charge — Driver’s License Fraud, IX-2735.
Criminal Charge — Driving Under the Influence (DUI)/Serious Bodily Injury, IX-2736.
Criminal Charge — Driving Under the Influence (DUI)/Leaving the Scene of An Accident, IX-2737.
Criminal Charge — Driving Under the Influence (DUI), IX-2738.
Criminal Charge — Fraudulent Use or Possession of Personal Information, IX-2739.
Criminal Charge — Grand Theft, IX-2740.
Criminal Charge — Healthcare Fraud, IX-2741.
Criminal Charge — Lewd & Lascivious Assault, IX-2742.
Criminal Charge — Obtaining Controlled Substances By Fraud, IX-2743.
Criminal Charge — Petit Theft/Exploitation of the Elderly/Possession of a Controlled Substance, IX-2744.
Criminal Charge — Possession of a Controlled Substance Without a Prescription, IX-2745.
Criminal Charge — Possession of a Controlled Substance, IX-2746.
Criminal Charge — Possession of Controlled Substances & Grand Theft, IX-2747.
Criminal Charge — Possession of Controlled Substances & Paraphernalia, IX-2748.
Criminal Charge — Possession of Controlled Substance, IX-2749.
Criminal Charge — Possession of Counterfeit Blank Prescription Forms/Stealing Prescriptions/Possession of Controlled Substances, IX-2750.
Criminal Charge — Possession of Drug Paraphernalia & Neglect of Child, IX-2751.
Criminal Charge — Possession of Morphine, IX-2752.
Criminal Charge — Production of Marijuana, IX-2753.
Criminal Charge — Sexual Abuse of An Elderly Patient, IX-2754.
Criminal Charge — Sexual Battery of a Physically Helpless Person, IX-2755.
Criminal Charge — Sexual Battery, IX-2756.
Criminal Charge — Solicitation to Commit a Capital Felony & Possession of a Controlled Substance, IX-2757.
Criminal Charge — Trafficking In Controlled Substances, IX-2758.
Criminal Charge — Trafficking In Illegal Drugs, IX-2759.
Criminal Charge — Trafficking In Oxycontin, IX-2760.
Criminal Charge — Violation of Pre-Trial Release, IX-2761.
Criminal Conviction — Conspiracy to Commit Health Care Fraud, IX-2762.
Criminal Conviction — Conspiracy to Distribute & Possess Cocaine, IX-2763.
Criminal Conviction — Grand Theft & Insurance Fraud, IX-2764.
Criminal Conviction — Possession of Cocaine & Drug Paraphernalia, IX-2765.
Criminal Conviction — Possession of Cocaine, IX-2766.
Criminal Conviction — Possession of Controlled Substance, IX-2767.
Criminal Conviction — Possession of Hydrocodone, IX-2768.
Criminal Conviction — Sale of Controlled Substances, IX-2769.
Criminal Plea — Attempt to Obtain Controlled Substances By Fraud, IX-2770.
Criminal Plea — Battery, IX-2771.
Criminal Plea — Burglary & Grand Theft, IX-2772.
Criminal Plea — Conspiracy to Commit Health Care Fraud, IX-2773.
Criminal Plea — Conspiracy to Commit Health Care Fraud/False Statements In Determining Medicare Benefits, IX-2774.
Criminal Plea — Conspiracy to Commit Healthcare Fraud, IX-2775.
Criminal Plea — Conspiracy to Possess With Intent to Distribute Cocaine, IX-2776.
Criminal Plea — Conspiracy to Possess With Intent to Distribute Marijuana, IX-2777.
Criminal Plea — Conspiracy to Traffick In Cocaine, IX-2778.
Criminal Plea — Conspiring to Distribute a Controlled Substance, IX-2779.
Criminal Plea — Controlling a Building For Purpose of Storing & Distributing a Controlled Substance, IX-2780.
Criminal Plea — Counterfeit Controlled Substance, IX-2781.
Criminal Plea — Credit Card Fraud, IX-2782.
Criminal Plea — Criminal Use of Personal Identification Information, IX-2783.
Criminal Plea — Criminal Use of Personal Information, IX-2784.
Criminal Plea — Disorderly Conduct, IX-2785.
Criminal Plea — Driving Under the Influence (DUI)/Reckless Driving, IX-2786.
Criminal Plea — Driving Under the Influence (DUI)/Possession of Carisoprodol, IX-2787.
Criminal Plea — Driving Under the Influence (DUI), IX-2788.
Criminal Plea — Driving Vehicle While License Suspended, IX-2789.
Criminal Plea — Driving While License Revoked Habitually, IX-2790.
Criminal Plea — Extensive Record of Felonies & Misdemeanors: Drugs & Theft With Violence, IX-2791.
Criminal Plea — Failure to Redeliver a Hired Vehicle, IX-2792.
Criminal Plea — Failure to Redeliver a Vehicle, IX-2793.
Criminal Plea — False Statement Related to Health Care Matters, IX-2794.
Criminal Plea — Forgery, IX-2795.
Criminal Plea — Fraudulent Insurance Claim, IX-2796.
Criminal Plea — Fraudulent Use of Personal Identification Information, IX-2797.
Criminal Plea — Fraudulent Use of Personal Information, IX-2798.
Criminal Plea — Fraudulent Use of a Credit Card, IX-2799.
Criminal Plea — Giving False Name or Identification to Law Enforcement Officer, IX-2800.
Criminal Plea — Grand Theft/Criminal Use of Personal Identification/Credit Card Fraud, IX-2801.
Criminal Plea — Grand Theft & Criminal Use of Personal Information, IX-2802.
Criminal Plea — Grand Theft & Financial Exploitation of An Elderly Person, IX-2803.
Criminal Plea — Grand Theft & Insurance Fraud, IX-2804.
Criminal Plea — Grand Theft & Medicaid Fraud, IX-2805.
Criminal Plea — Grand Theft & Obtaining Controlled Substances By Fraud, IX-2806.
Criminal Plea — Grand Theft, IX-2807.
Criminal Plea — Harassing Telephone Calls, IX-2808.
Criminal Plea — Health Care Fraud, IX-2809.
Criminal Plea — Identity Theft, IX-2810.
Criminal Plea — Insurance Fraud, IX-2811.
Criminal Plea — Lascivious Molestation of a Child, IX-2812.
Criminal Plea — Leaving the Scene of a Crash, IX-2813.
Criminal Plea — Obtaining Controlled Substances By Fraud, IX-2814.
Criminal Plea — Organized Scheme to Defraud & Identity Theft, IX-2815.
Criminal Plea — Organized Scheme to Defraud, IX-2816.
Criminal Plea — Petty Theft, IX-2817.
Criminal Plea — Possession & Sale of Oxycodone & Alprazolam — Possession of Marijuana — Criminal Mischief, IX-2818.
Criminal Plea — Possession of Alprazolam, IX-2819.
Criminal Plea — Possession of Cocaine & Marijuana, IX-2820.
Criminal Plea — Possession of Cocaine & Paraphernalia, IX-2821.
Criminal Plea — Possession of Cocaine With Intent to Sell, IX-2822.
Criminal Plea — Possession of Cocaine, IX-2823.
Criminal Plea — Possession of Controlled Substances & Paraphernalia, IX-2824.
Criminal Plea — Possession of Controlled Substances, IX-2825.
Criminal Plea — Possession of Hydrocodone, IX-2826.
Criminal Plea — Possession of Marijuana, IX-2827.
Criminal Plea — Possession of Methamphetamine, IX-2828.
Criminal Plea — Possession of Morphine & Paraphernalia, IX-2829.
Criminal Plea — Possession of Oxycodone With Intent to Distribute, IX-2830.
Criminal Plea — Possession of Oxycodone, IX-2831.
Criminal Plea — Possession of a Stolen Credit Card, IX-2832.
Criminal Plea — Principal to Sale of Cocaine Within 1000 Feet of a Place of Worship, IX-2833.
Criminal Plea — Resisting Arrest With Violence, IX-2834.
Criminal Plea — Resisting Arrest Without Violence, IX-2835.
Criminal Plea — Sale of Cocaine & Marijuana, IX-2836.
Criminal Plea — Sale of Marijuana, IX-2837.
Criminal Plea — Sale of Oxycodone, IX-2838.
Criminal Plea — Scheme to Defraud ($150,000 or More), IX-2839.
Criminal Plea — Scheme to Defraud & Organized Fraud, IX-2840.
Criminal Plea — Scheme to Defraud, IX-2841.
Criminal Plea — Trafficking In Amphetamine/Unlawful Possession of a Listed Chemical/Aggravated Child Abuse/Operating a Methamphetamine Lab In a Residence With Children, IX-2842.
Criminal Plea — Trafficking In Cocaine, IX-2843.
Criminal Plea — Trafficking In Controlled Substance, IX-2844.
Criminal Plea — Trafficking In Hydrocodone & Obtaining Controlled Substances By Fraud, IX-2845.
Criminal Plea — Trafficking In Marijuana, IX-2846.
Criminal Plea — Trafficking In Marijuana Within 1000 Feet of a Church, IX-2847.
Criminal Plea — Trafficking In Methamphetamine, IX-2848.
Criminal Plea — Trafficking In Morphine/Opium/Oxycodone/Heroin/Hydrocodone, IX-2849.
Criminal Plea — Trafficking In Oxycodone, IX-2850.
Criminal Plea — Trafficking In a Controlled Substance, IX-2851.
Criminal Plea — Welfare Fraud, IX-2852.
Criminal Violation of Probation, IX-2853.
Diversion of Controlled Substances, IX-2854.
Failure to Comply With IPN Monitoring Contract, IX-2855.
Failure to Contact IPN, IX-2856.
Failure to Enter An IPN Approved Drug Treatment Program, IX-2857.
Failure to Perform Statutory or Legal Obligations, IX-2858.
Failure to Report — Criminal Charges to the Board, IX-2859.
Failure to Report — Criminal Plea to the Board, IX-2860.
Failure to Respond to IPN, IX-2861.
False Statements On Licensure Application, IX-2862.
Falsification of Patient Records, IX-2863.
Filing a False Report, IX-2864.
Fraudulent Conduct, IX-2865.
Gross Negligence, IX-2866.
Inability In Profession (Alcohol Abuse), IX-2867.
Inability In Profession (Anxiety), IX-2868.
Inability In Profession (Asleep At Work), IX-2869.
Inability In Profession (Attempted Suicide), IX-2870.
Inability In Profession (Baker Act Commitment), IX-2871.
Inability In Profession (Bipolar Disorder), IX-2872.
Inability In Profession (Chronic Pain), IX-2873.
Inability In Profession (Cocaine), IX-2874.
Inability In Profession (Controlled Substance Abuse – Opiates), IX-2875.
Inability In Profession (Controlled Substance Abuse – Opioids), IX-2876.
Inability In Profession (Controlled Substance Abuse), IX-2877.
Inability In Profession (Depression — Major), IX-2878.
Inability In Profession (Depression), IX-2879.
Inability In Profession (Failure to Show Up For Work Without Notice), IX-2880.
Inability In Profession (Falling Asleep At Work), IX-2881.
Inability In Profession (Impaired At Work), IX-2882.
Inability In Profession (Involuntary Psychiatric Hospitalizations), IX-2883.
Inability In Profession (Major Depression), IX-2884.
Inability In Profession (Marijuana), IX-2885.
Inability In Profession (Mental Condition), IX-2886.
Inability In Profession (Morphine), IX-2887.
Inability In Profession (Opiate Dependency), IX-2888.
Inability In Profession (Opioid Abuse), IX-2889.
Inability In Profession (Opioid Dependency), IX-2890.
Inability In Profession (Pain Disorder), IX-2891.
Inability In Profession (Sexual Aggression), IX-2892.
Obtaining Controlled Substances By Fraud, IX-2893.
Obtaining Driver’s License By Fraud, IX-2894.
Obtaining Licensure By Fraud, IX-2895.
Operating Beyond Scope of License, IX-2896.
Order Lifting: Health v. David, IX-2897.
Order Lifting: Health v. Fleming, IX-2898.
Order Lifting: Health v. Irvin, Jr., IX-2899.
Order Lifting: Health v. Morsch, R.N., IX-2900.
Order Lifting: Health v. Preston, IX-2901.
Order Lifting: Health v. Schauer-Swift, IX-2902.
Out-of-State Discipline, IX-2903.
Physical Abuse of Patients, IX-2904.
Positive Drug Screen — Alcohol, IX-2905.
Positive Drug Screen — Alprazolam & Oxycodone, IX-2906.
Positive Drug Screen — Alprazolam, IX-2907.
Positive Drug Screen — Amphetamine, IX-2908.
Positive Drug Screen — Amphetamines, IX-2909.
Positive Drug Screen — Barbiturates, IX-2910.
Positive Drug Screen — Benzodiazepines & Cocaine, IX-2911.
Positive Drug Screen — Benzodiazepine, IX-2912.
Positive Drug Screen — Butalbital, IX-2913.
Positive Drug Screen — Clonazepam, IX-2914.
Positive Drug Screen — Cocaine & Marijuana, IX-2915.
Positive Drug Screen — Cocaine, IX-2916.
Positive Drug Screen — Dilute Sample, IX-2917.
Positive Drug Screen — Fentanyl, IX-2918.
Positive Drug Screen — Fioricet, IX-2919.
Positive Drug Screen — Hydrocodone & Hydromorphone, IX-2920.
Positive Drug Screen — Hydrocodone, IX-2921.
Positive Drug Screen — Hydromorphone, IX-2922.
Positive Drug Screen — Marijuana & Barbiturates, IX-2923.
Positive Drug Screen — Marijuana & Oxymorphone, IX-2924.
Positive Drug Screen — Marijuana & Propoxyplene, IX-2925.
Positive Drug Screen — Marijuana, IX-2926.
Positive Drug Screen — Merperidine, IX-2927.
Positive Drug Screen — Methadone, IX-2928.
Positive Drug Screen — Methamphetamines, IX-2929.
Positive Drug Screen — Morphine, IX-2930.
Positive Drug Screen — Nordiazepam, IX-2931.
Positive Drug Screen — Opiates & Benzodiazeprine, IX-2932.
Positive Drug Screen — Opiates/Hydromorphone/Morphine, IX-2933.
Positive Drug Screen — Opiates & Propoxyphene, IX-2934.
Positive Drug Screen — Opiates, IX-2935.
Positive Drug Screen — Oxazepam, IX-2936.
Positive Drug Screen — Oxycodone, IX-2937.
Positive Drug Screen — Oxymorphone, IX-2938.
Positive Drug Screen — Phenobarbital, IX-2939.
Positive Drug Screen — Propoxyphene, IX-2940.
Positive Drug Screen — Speciman Not the Correct Temperature, IX-2941.
Positive Drug Screen — Specimen Not Within Normal Temperature Range, IX-2942.
Positive Drug Screen — Temazepam, IX-2943.
Positive Drug Screen — Tramadol, IX-2944.
Positive Drug Screen — Valium, IX-2945.
Positive Drug Screen — Xanax, IX-2946.
Possession of Controlled Substances With Intent to Sell, IX-2947.
Refusal to Submit to Alcohol Screen, IX-2948.
Refusal to Submit to An Evaluation, IX-2949.
Refusal to Submit to Drug Screen, IX-2950.
Refusal to Submit to Drug Treatment, IX-2951.
Refusal to Submit to Evaluation, IX-2952.
Refusal to Submit to IPN-Required Evaluation, IX-2953.
Refusal to Submit to Mental & Physical Exam As Required, IX-2954.
Refusal to Submit to Treatment, IX-2955.
Sexual Abuse of Patient, IX-2956.
Stealing a Patient’s Wallet, IX-2957.
Theft of Money From Patient, IX-2958.
Trafficking In Marijuana, IX-2959.
Unacceptable Level of Care, IX-2960.
Unprofessional Conduct, IX-2961.
Vacated, IX-2962.
Verbal Abuse of Patient, IX-2963.
Violation of Board Order, IX-2964.
Failure to Comply With IPN Contract, IX-2965.
Positive Drug Screen — Butalbital, IX-2966.
Positive Drug Screen — Dilute Sample, IX-2967.
Sexual Misconduct With Patient, IX-2968.
Theft of Ten (10) Dollars From a Patient —
Rejection of DOAH Recommendation of a Modest Fine, Probation & Imposition of Permanent Revocation & Costs Reversed, IX-2969.
Unacceptable Level of Care, IX-2970.
Violation of Board Order, IX-2971.
Licensure —
Application —
Inability In Profession (Past Controlled Substance Abuse), IX-2972.
Requisite Education Requirements Found Lacking — Denial Upheld, IX-2973.
Recission of Approval to Operate a Practical Nursing Training Program —
Failure to Comply With Terms of Approval, IX-2974.
Failure to Demonstrate Acceptable Student Success, IX-2975.
Violation of Standards Regarding Program Evaluation, IX-2976.