GERALD GREENWALD, M.D., APPELLANT,
v.
DEPARTMENT OF PROFESSIONAL REGULATION, APPELLEE

Fla. 3d DCA | 1987-02-03
No. 86-1845
Before BASKIN and DANIEL S. PEARSON and FERGUSON, JJ.
501 So. 2d 740 Florida District Court of Appeal, Third District (1987) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The main issue in this appeal from an administrative order is whether a conviction for solicitation to commit first degree murder “directly relates to the practice of medicine or to the ability to practice medicine,” section 458.331(l)(c), Florida Statutes (1985), so as to form the basis for revoking a license to practice medicine. We reject the appellant’s narrow interpretation of the statute in favor of the broader application given by the court in Rush v. Department of Professional Regulation, 448 So. 2d 26 (Fla. 1st DCA 1984) (conviction for conspir acy to possess and import marijuana is related to ability to practice podiatry).

In our view Dr. Greenwald’s undertaking to end a bitter marriage dissolution problem by soliciting someone to murder his ex-wife evidences warped judgment and disregard for human life — the antithesis of that which is required and expected of physicians. See Boedy v. Department of Professional Regulation, 463 So. 2d 215 (Fla.1985) (because of physician’s constant interaction with the public, mental fitness and emotional stability are essential traits a physician must possess in order to competently practice medicine).

The order appealed from is in all respects

AFFIRMED.


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  • Doll v. Dep't OF Health, 969 So. 2d 1103 (Fla. 1st DCA 2007)
    …, 448 So. 2d 26 (Fla. 1st DCA 1984); Ashe v. Department of Business and Professional Regulation [Department of Professional Regulation, Board of Accountancy], 467 So. 2d 814 (Fla. 5th DCA 1985) and Greenwald v. Department of Professional Regulation, 501 So. 2d 740 (Fla. 3d DCA 1987), rev. denied, 511 So. 2d 998, cert. denied, 484 U.S. 986, 108 S.Ct. 502, 98 L.Ed.2d 501 (1987). 45. Among the terms of the sentence imposed in federal court was the need to make restitution to a number of companies who had lost m…
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  • Patricia Major, M.D. v. Dep't of Prof'l Reg., 531 So. 2d 411 (Fla. 3d DCA 1988)
    …y to patients by reason of ... use of alcohol, drugs, narcotics, chemicals, ... or as a result of any mental or physical condition.” § 458.331(1)(s), Fla.Stat. (1985). See Greenwald v. Department of Professional Regulation, Bd. of Medical Examiners, 501 So. 2d 740 (Fla. 3d DCA), rev. denied, 511 So. 2d 998 (Fla.), cert. denied, — U.S. -, 108 S.Ct. 502, 98 L.Ed.2d 501 (1987); Clark v. Department of Professional Regulation, Bd. of Medical Examiners, 463 So. 2d 328 (Fla. 5th DCA), rev. denied, 475 So. 2d 693 (Fl…
  • Greenwald v. Sorrel Resnick, 584 So. 2d 119 (Fla. 3d DCA 1991)
    …PER CURIAM. Affirmed. See Greenwald v. Department of Professional Regulation, 501 So. 2d 740 (Fla. 3d DCA), review denied, 511 So. 2d 998 (Fla.), cert. denied, 484 U.S. 986, 108 S.Ct. 502, 98 L.Ed.2d 501 (1987).…

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