GEORGE KUBSKI, M.D., PETITIONER,
v.
STATE OF FLORIDA, DEPARTMENT OF HEALTH, RESPONDENT
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PER CURIAM.
Dr. George Kubski petitions this court for review of nonfinal agency action, contending that the Department of Health exceeded that which was necessary to protect the public interest by suspending his license to practice psychiatry by emergency order. We agree because we find this case to be indistinguishable from Cunningham v. Agency for Health Care Administration, 677 So. 2d 61 (Fla. 1st DCA 1996). Under the standard set forth in Cunningham, we approve the Department’s order insofar as it prevents Dr. Kubski from prescribing narcotics until his disciplinary proceeding has been completed. However, we quash the order to the extent it exceeds this condition and remand for the Department to enter a more narrowly tai lored emergency order. The Department is not, of course, precluded from revoking or suspending Dr. Kubski’s license to practice psychiatry in the event it finds sufficient supporting facts.
Accordingly, the petition for review is granted, the order on appeal is quashed in part, and this matter is remanded for further proceedings consistent with this opinion.
BARFIELD, POLSTON, and HAWKES, JJ., concur.
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Citator
Cited By
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Daniel Campbell Daube, Jr., M.D. v. Dep't OF Health, 897 So. 2d 493 (Fla. 1st DCA 2005)…ency’s emergency order was broader than that “necessary to protect the public interest under the emergency procedure” as provided in section 120.60(6)(b), a more narrowly tailored emergency order is appropriate. See Kubski v. State, Dep’t of Health, 840 So. 2d 376 (Fla. 1st DCA 2003); Cunningham v. Agency for Health Care Admin., 677 So. 2d 61 (Fla. 1st DCA 1996). We granted petitioner’s motion to stay the emergency suspension order on condition that he immediately halt all use of the unapproved product and th…
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Arthur Henson, D.O., M.D. v. Dep't OF Health, 922 So. 2d 376 (Fla. 1st DCA 2006)…ents named in the emergency order would protect the public from the harm described until the administrative proceeding has been completed. See Cunningham v. Agency for Health Care Admin., 677 So. 2d 61 (Fla. 1st DCA 1996); Kubski v. Dep’t of Health, 840 So. 2d 376 (Fla. 1st DCA 2003). The petition for review is GRANTED, the order is QUASHED, and the case is REMANDED for further proceedings. ERVIN, WOLF and DAVIS, JJ., concur.…
Authorities Cited
- Lowell K. Cunningham, M.D. v. Agency FOR Health Care Admin., 677 So. 2d 61 (Fla. 1st DCA 1996)