Applebaum v. State, Department of Health

District Court of Appeal of Florida

Applebaum v. State, Department of Health

718 So. 2d 908, 1998 Fla. App. LEXIS 11974, 1998 WL 647146

CourtDistrict Court of Appeal of Florida

DecidedSeptember 23, 1998

DocketNo. 98-2018

StatusPublished

Cited by1 cases

This text of 718 So. 2d 908 (Applebaum v. State, Department of Health) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Applebaum v. State, Department of Health, 718 So. 2d 908, 1998 Fla. App. LEXIS 11974, 1998 WL 647146 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

Dr. Donald Applebaum, M.D., petitions this Court to review an Order of Emergency Restriction of the State of Florida Department of Health and the Agency for Health Care Administration restricting Dr. Appleb-aum’s license to practice as a physician. The Department’s restriction that Dr. Applebaum shall not practice medicine in or serve as Medical Director, or any other administrative capacity, for any health care facility licensed by the State of Florida is supported by the findings in the Emergency Order that show that Dr. Applebaum’s continued unrestricted practice of medicine, specifically in the role of medical director or administrator in the nursing home setting, constituted an immediate danger to the health, safety and welfare of the public. However, the Department’s construction of this restriction to include the private practice of medicine in hospitals in the category of “health care facility licensed by the State of Florida” is not supported by the findings of fact in the Emergency Order.

Therefore, we affirm the Emergency Order’s restriction of Dr. Applebaum’s license from practicing medicine in or serving as Medical Director, or any other administrative capacity, for any health care facility licensed by the State of Florida, including Jackson Manor Nursing and Rehabilitation Center. However, we limit that restriction and exclude hospitals from the category of “health care facilities licensed by the State of Florida,” insofar as the Emergency Order is concerned. As such, Dr. Applebaum is not restricted from admitting and treating private patients in hospitals, or from practicing medicine in an office setting.

The Petition for Review is granted, and the Emergency Order is affirmed in part and modified in part.

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PER CURIAM.

Dr. Donald Applebaum, M.D., petitions this Court to review an Order of Emergency Restriction of the State of Florida Department of Health and the Agency for Health Care Administration restricting Dr. Appleb-aum’s license to practice as a physician. The Department’s restriction that Dr. Applebaum shall not practice medicine in or serve as Medical Director, or any other administrative capacity, for any health care facility licensed by the State of Florida is supported by the findings in the Emergency Order that show that Dr. Applebaum’s continued unrestricted practice of medicine, specifically in the role of medical director or administrator in the nursing home setting, constituted an immediate danger to the health, safety and welfare of the public. However, the Department’s construction of this restriction to include the private practice of medicine in hospitals in the category of “health care facility licensed by the State of Florida” is not supported by the findings of fact in the Emergency Order.

Therefore, we affirm the Emergency Order’s restriction of Dr. Applebaum’s license from practicing medicine in or serving as Medical Director, or any other administrative capacity, for any health care facility licensed by the State of Florida, including Jackson Manor Nursing and Rehabilitation Center. However, we limit that restriction and exclude hospitals from the category of “health care facilities licensed by the State of Florida,” insofar as the Emergency Order is concerned. As such, Dr. Applebaum is not restricted from admitting and treating private patients in hospitals, or from practicing medicine in an office setting.

The Petition for Review is granted, and the Emergency Order is affirmed in part and modified in part.

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718 So. 2d 908, 1998 Fla. App. LEXIS 11974, 1998 WL 647146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/applebaum-v-state-department-of-health-fladistctapp-1998.

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