JAMES ALEXANDER COCORES, M. D., (HEREAFTER "DR. COCORES"), PETITIONER,
v.
STATE OF FLORIDA DEPARTMENT OF HEALTH, RESPONDENT

Fla. 1st DCA | 2013-04-30
No. 1D13-1391
ROWE, MARSTILLER, and SWANSON, JJ., concur.
111 So. 3d 971 Florida District Court of Appeal, First District (2013) Positive Treatment
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Dr. Cocores seeks a stay of an emergency suspension of his medical license issued by the Florida Department of Health. The court denies the stay, finding that the petitioner's statements and conduct regarding prescribing controlled substances to an undercover officer demonstrate a conscious disregard for statutory requirements and pose a probable danger to public health and safety.


Holding

The court denies the stay because the petitioner's statements and conduct demonstrate a conscious disregard for statutorily mandated standards for prescribing controlled substances, and a stay would constitute a probable danger to the health, safety, or welfare of the state under Florida law.


Headnotes

[1] A stay of an administrative order suspending a medical license is not a matter of right when the order constitutes a probable danger to the health, safety, or welfare of…

[2] Prescribing controlled substances without conducting a physical examination, drug screen, or reviewing prior medical records may constitute grounds for emergency suspensi…

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Key Quotes

“the petitioner told her that 'we can't do oxy; it's too highly scrutinized, but we can do Percocets.'”

Demonstrates the petitioner's awareness of regulatory scrutiny and intent to evade controlled substance prescribing standards

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Facts & Procedural History

The Department of Health suspended Dr. Cocores' medical license following a Palm Beach Sheriff's Office investigation. The investigation involved the …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

By order of April 3, 2013, we denied the petitioner’s motion to stay the administrative order before this court for review. We now write to explain our reasoning.

The Florida Department of Health suspended this petitioner’s medical license on an emergency basis. The suspension followed a lengthy investigation into the petitioner’s practice by the Palm Beach Sheriffs Office (PBSO). The investigation involved the petitioner’s treatment of a patient who was, unbeknownst to him, an undercover PBSO officer. According to the administrative suspension order, the petitioner prescribed various controlled substances to the undercover officer, including Vicodin, Xanax, Percocet, and Ox-ycodone, all without ever conducting a physical examination of the officer, conducting a drug screen, or reviewing the patient’s prior medical records. The Department’s report also indicates that the petitioner failed to document the medications that he prescribed to the officer on “at least four occasions.”

Most troubling to this court, the petitioner made several statements to the officer throughout the course of the investigation which indicated a disregard for the statutorily mandated standards for the prescribing of controlled substances and an intent to conceal such disregard. On one occasion, when the undercover officer requested a prescription for Oxycodone, the petitioner told her that “we can’t do oxy; it’s too highly scrutinized, but we can do Percocets.” When the officer told him that her previous doctor’s office had been closed down by law enforcement, the petitioner joked with her that “hopefully, [his practice wouldn’t] be closed down” by the time of her next appointment. On the officer’s third to last visit, the petitioner finally requested that she provide him with a copy of a recent MRI because “they are getting very strict with that stuff.” The officer never provided the petitioner with a copy of her MRI, and he never asked for it again, despite continuing to prescribe her Oxycodone and Xanax.

The Department of Health argues that a stay “would constitute a probable danger to the health, safety, or welfare of the state.” § 120.68, Fla. Stat. (2012). Thus, the Department argues, the petitioner is not entitled to a stay as a matter of right. Id. Given the statements made by the petitioner throughout the course of the investigation, we are inclined to agree. Such statements evince a conscious disregard for the statutory requirements for the prescribing of controlled substances — which include, inter alia, the requirement that “[a] complete medical history and a physical examination must be conducted before beginning any treatment and must be documented in the medical record.” § 456.54(3)(a), Fla. Stat. (2012). Given the petitioner’s apparent disregard for these statutorily mandated standards, we decline to enter a stay of the order on appeal. § 120.68, Fla. Stat. (2012).

MOTION DENIED.

ROWE, MARSTILLER, and SWANSON, JJ., concur.


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Citator

Cited By

  • Failer v. State, 139 So. 3d 359 (Fla. 1st DCA 2014)
    …, 100 So. 3d at 1276 (quashing in part the Department’s emergency suspension order where order failed to sufficiently explain why restricting petitioner’s license would not adequately address the harm alleged); cf. Cocores v. State, Dep’t of Health, 111 So. 3d 971, 972 (Fla. 1st DCA 2013) (denying petitioner’s motion for stay of order suspending his medical license on an emergency basis where he prescribed controlled substance medications to an undercover officer posing as a patient without performing a physi…

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