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Florida Statute 456.072 | Lawyer Caselaw & Research
F.S. 456.072 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 456
HEALTH PROFESSIONS AND OCCUPATIONS: GENERAL PROVISIONS
View Entire Chapter
F.S. 456.072
456.072 Grounds for discipline; penalties; enforcement.
(1) The following acts shall constitute grounds for which the disciplinary actions specified in subsection (2) may be taken:
(a) Making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee’s profession.
(b) Intentionally violating any rule adopted by the board or the department, as appropriate.
(c) Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee’s profession.
(d) Using a Class III or a Class IV laser device or product, as defined by federal regulations, without having complied with the rules adopted under s. 501.122(2) governing the registration of the devices.
(e) Failing to comply with the educational course requirements for human immunodeficiency virus and acquired immune deficiency syndrome.
(f) Having a license or the authority to practice any regulated profession revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction, including its agencies or subdivisions, for a violation that would constitute a violation under Florida law. The licensing authority’s acceptance of a relinquishment of licensure, stipulation, consent order, or other settlement, offered in response to or in anticipation of the filing of charges against the license, shall be construed as action against the license.
(g) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department against another licensee.
(h) Attempting to obtain, obtaining, or renewing a license to practice a profession by bribery, by fraudulent misrepresentation, or through an error of the department or the board.
(i) Except as provided in s. 465.016, failing to report to the department any person who the licensee knows is in violation of this chapter, the chapter regulating the alleged violator, or the rules of the department or the board. However, a person who the licensee knows is unable to practice with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of a mental or physical condition, may be reported to a consultant operating an impaired practitioner program as described in s. 456.076 rather than to the department.
(j) Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to this chapter, the chapter regulating the profession, or the rules of the department or the board.
(k) Failing to perform any statutory or legal obligation placed upon a licensee. For purposes of this section, failing to repay a student loan issued or guaranteed by the state or the Federal Government in accordance with the terms of the loan is not considered a failure to perform a statutory or legal obligation. Fines collected shall be deposited into the Medical Quality Assurance Trust Fund.
(l) Making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, or willfully impeding or obstructing another person to do so. Such reports or records shall include only those that are signed in the capacity of a licensee.
(m) Making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession.
(n) Exercising influence on the patient or client for the purpose of financial gain of the licensee or a third party.
(o) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform.
(p) Delegating or contracting for the performance of professional responsibilities by a person when the licensee delegating or contracting for performance of the responsibilities knows, or has reason to know, the person is not qualified by training, experience, and authorization when required to perform them.
(q) Violating a lawful order of the department or the board, or failing to comply with a lawfully issued subpoena of the department.
(r) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding.
(s) Failing to comply with the educational course requirements for domestic violence.
(t) Failing to identify through written notice, which may include the wearing of a name tag, or orally to a patient the type of license under which the practitioner is practicing. Any advertisement for health care services naming the practitioner must identify the type of license the practitioner holds. This paragraph does not apply to a practitioner while the practitioner is providing services in a facility licensed under chapter 394, chapter 395, chapter 400, or chapter 429. Each board, or the department where there is no board, is authorized by rule to determine how its practitioners may comply with this disclosure requirement.
(u) Failing to comply with the requirements of ss. 381.026 and 381.0261 to provide patients with information about their patient rights and how to file a patient complaint.
(v) Engaging or attempting to engage in sexual misconduct as defined and prohibited in s. 456.063(1).
(w) Failing to comply with the requirements for profiling and credentialing, including, but not limited to, failing to provide initial information, failing to timely provide updated information, or making misleading, untrue, deceptive, or fraudulent representations on a profile, credentialing, or initial or renewal licensure application.
(x) Failing to report to the board, or the department if there is no board, in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction. Convictions, findings, adjudications, and pleas entered into prior to the enactment of this paragraph must be reported in writing to the board, or department if there is no board, on or before October 1, 1999.
(y) Using information about people involved in motor vehicle accidents which has been derived from accident reports made by law enforcement officers or persons involved in accidents under s. 316.066, or using information published in a newspaper or other news publication or through a radio or television broadcast that has used information gained from such reports, for the purposes of commercial or any other solicitation whatsoever of the people involved in the accidents.
(z) Being unable to practice with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. In enforcing this paragraph, the department shall have, upon a finding of the State Surgeon General or the State Surgeon General’s designee that probable cause exists to believe that the licensee is unable to practice because of the reasons stated in this paragraph, the authority to issue an order to compel a licensee to submit to a mental or physical examination by physicians designated by the department. If the licensee refuses to comply with the order, the department’s order directing the examination may be enforced by filing a petition for enforcement in the circuit court where the licensee resides or does business. The department shall be entitled to the summary procedure provided in s. 51.011. A licensee or certificateholder affected under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that he or she can resume the competent practice of his or her profession with reasonable skill and safety to patients.
(aa) Testing positive for any drug, as defined in s. 112.0455, on any confirmed preemployment or employer-ordered drug screening when the practitioner does not have a lawful prescription and legitimate medical reason for using the drug.
(bb) Performing or attempting to perform health care services on the wrong patient, a wrong-site procedure, a wrong procedure, or an unauthorized procedure or a procedure that is medically unnecessary or otherwise unrelated to the patient’s diagnosis or medical condition. For the purposes of this paragraph, performing or attempting to perform health care services includes the preparation of the patient.
(cc) Leaving a foreign body in a patient, such as a sponge, clamp, forceps, surgical needle, or other paraphernalia commonly used in surgical, examination, or other diagnostic procedures. For the purposes of this paragraph, it shall be legally presumed that retention of a foreign body is not in the best interest of the patient and is not within the standard of care of the profession, regardless of the intent of the professional.
(dd) Violating any provision of this chapter, the applicable practice act, or any rules adopted pursuant thereto.
(ee) With respect to making a personal injury protection claim as required by s. 627.736, intentionally submitting a claim, statement, or bill that has been “upcoded” as defined in s. 627.732.
(ff) With respect to making a personal injury protection claim as required by s. 627.736, intentionally submitting a claim, statement, or bill for payment of services that were not rendered.
(gg) Engaging in a pattern of practice when prescribing medicinal drugs or controlled substances which demonstrates a lack of reasonable skill or safety to patients, a violation of this chapter or ss. 893.055 and 893.0551, a violation of the applicable practice act, or a violation of any rules adopted under this chapter or the applicable practice act of the prescribing practitioner. Notwithstanding s. 456.073(13), the department may initiate an investigation and establish such a pattern from billing records, data, or any other information obtained by the department.
(hh) Being terminated from an impaired practitioner program that is overseen by a consultant as described in s. 456.076, for failure to comply, without good cause, with the terms of the monitoring or participant contract entered into by the licensee, or for not successfully completing any drug treatment or alcohol treatment program.
(ii) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, under 18 U.S.C. s. 669, ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 42 U.S.C. ss. 1320a-7b, relating to the Medicaid program.
(jj) Failing to remit the sum owed to the state for an overpayment from the Medicaid program pursuant to a final order, judgment, or stipulation or settlement.
(kk) Being terminated from the state Medicaid program pursuant to s. 409.913, any other state Medicaid program, or the federal Medicare program, unless eligibility to participate in the program from which the practitioner was terminated has been restored.
(ll) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, a crime in any jurisdiction which relates to health care fraud.
(mm) Failure to comply with controlled substance prescribing requirements of s. 456.44.
(nn) Violating any of the provisions of s. 790.338.
(oo) Willfully failing to comply with s. 627.64194 or s. 641.513 with such frequency as to indicate a general business practice.
(pp) Providing information, including written documentation, indicating that a person has a disability or supporting a person’s need for an emotional support animal under s. 760.27 without personal knowledge of the person’s disability or disability-related need for the specific emotional support animal.
(qq) Intentionally implanting a patient or causing a patient to be implanted with a human embryo without the recipient’s consent to the use of that human embryo, or inseminating a patient or causing a patient to be inseminated with the human reproductive material, as defined in s. 784.086, of a donor without the recipient’s consent to the use of human reproductive material from that donor.
(rr) Failure to comply with the parental consent requirements of s. 1014.06.
(ss) Being convicted or found guilty of; entering a plea of guilty or nolo contendere to, regardless of adjudication; or committing or attempting, soliciting, or conspiring to commit an act that would constitute a violation of any of the offenses listed in s. 456.074(5) or a similar offense in another jurisdiction.
(2) When the board, or the department when there is no board, finds any person guilty of the grounds set forth in subsection (1) or of any grounds set forth in the applicable practice act, including conduct constituting a substantial violation of subsection (1) or a violation of the applicable practice act which occurred prior to obtaining a license, it may enter an order imposing one or more of the following penalties:
(a) Refusal to certify, or to certify with restrictions, an application for a license.
(b) Suspension or permanent revocation of a license.
(c) Restriction of practice or license, including, but not limited to, restricting the licensee from practicing in certain settings, restricting the licensee to work only under designated conditions or in certain settings, restricting the licensee from performing or providing designated clinical and administrative services, restricting the licensee from practicing more than a designated number of hours, or any other restriction found to be necessary for the protection of the public health, safety, and welfare.
(d) Imposition of an administrative fine not to exceed $10,000 for each count or separate offense. If the violation is for fraud or making a false or fraudulent representation, the board, or the department if there is no board, must impose a fine of $10,000 per count or offense.
(e) Issuance of a reprimand or letter of concern.
(f) Placement of the licensee on probation for a period of time and subject to such conditions as the board, or the department when there is no board, may specify. Those conditions may include, but are not limited to, requiring the licensee to undergo treatment, attend continuing education courses, submit to be reexamined, work under the supervision of another licensee, or satisfy any terms which are reasonably tailored to the violations found.
(g) Corrective action.
(h) Imposition of an administrative fine in accordance with s. 381.0261 for violations regarding patient rights.
(i) Refund of fees billed and collected from the patient or a third party on behalf of the patient.
(j) Requirement that the practitioner undergo remedial education.

In determining what action is appropriate, the board, or department when there is no board, must first consider what sanctions are necessary to protect the public or to compensate the patient. Only after those sanctions have been imposed may the disciplining authority consider and include in the order requirements designed to rehabilitate the practitioner. All costs associated with compliance with orders issued under this subsection are the obligation of the practitioner.

(3)(a) Notwithstanding subsection (2), if the ground for disciplinary action is the first-time failure of the licensee to satisfy continuing education requirements established by the board, or by the department if there is no board, the board or department, as applicable, shall issue a citation in accordance with s. 456.077 and assess a fine, as determined by the board or department by rule. In addition, for each hour of continuing education not completed or completed late, the board or department, as applicable, may require the licensee to take 1 additional hour of continuing education for each hour not completed or completed late.
(b) Notwithstanding subsection (2), if the ground for disciplinary action is the first-time violation of a practice act for unprofessional conduct, as used in ss. 464.018(1)(h), 467.203(1)(f), 468.365(1)(f), and 478.52(1)(f), and no actual harm to the patient occurred, the board or department, as applicable, shall issue a citation in accordance with s. 456.077 and assess a penalty as determined by rule of the board or department.
(4) In addition to any other discipline imposed through final order, or citation, entered on or after July 1, 2001, under this section or discipline imposed through final order, or citation, entered on or after July 1, 2001, for a violation of any practice act, the board, or the department when there is no board, shall assess costs related to the investigation and prosecution of the case. The costs related to the investigation and prosecution include, but are not limited to, salaries and benefits of personnel, costs related to the time spent by the attorney and other personnel working on the case, and any other expenses incurred by the department for the case. The board, or the department when there is no board, shall determine the amount of costs to be assessed after its consideration of an affidavit of itemized costs and any written objections thereto. In any case where the board or the department imposes a fine or assessment and the fine or assessment is not paid within a reasonable time, the reasonable time to be prescribed in the rules of the board, or the department when there is no board, or in the order assessing the fines or costs, the department or the Department of Legal Affairs may contract for the collection of, or bring a civil action to recover, the fine or assessment.
(5) In addition to, or in lieu of, any other remedy or criminal prosecution, the department may file a proceeding in the name of the state seeking issuance of an injunction or a writ of mandamus against any person who violates any of the provisions of this chapter, or any provision of law with respect to professions regulated by the department, or any board therein, or the rules adopted pursuant thereto.
(6) If the board, or the department when there is no board, determines that revocation of a license is the appropriate penalty, the revocation shall be permanent. However, the board may establish by rule requirements for reapplication by applicants whose licenses have been permanently revoked. The requirements may include, but are not limited to, satisfying current requirements for an initial license.
(7) Notwithstanding subsection (2), upon a finding that a physician has prescribed or dispensed a controlled substance, or caused a controlled substance to be prescribed or dispensed, in a manner that violates the standard of practice set forth in s. 458.331(1)(q) or (t), s. 459.015(1)(t) or (x), s. 461.013(1)(o) or (s), or s. 466.028(1)(p) or (x), or that an advanced practice registered nurse has prescribed or dispensed a controlled substance, or caused a controlled substance to be prescribed or dispensed, in a manner that violates the standard of practice set forth in s. 464.018(1)(n) or (p)6., the physician or advanced practice registered nurse shall be suspended for a period of not less than 6 months and pay a fine of not less than $10,000 per count. Repeated violations shall result in increased penalties.
(8) The purpose of this section is to facilitate uniform discipline for those actions made punishable under this section and, to this end, a reference to this section constitutes a general reference under the doctrine of incorporation by reference.
History.s. 69, ch. 97-261; s. 84, ch. 99-397; s. 90, ch. 2000-160; s. 26, ch. 2000-318; s. 71, ch. 2001-277; s. 2, ch. 2002-254; s. 6, ch. 2003-411; s. 19, ch. 2003-416; s. 10, ch. 2004-344; s. 1, ch. 2005-240; s. 2, ch. 2006-207; s. 111, ch. 2007-5; s. 64, ch. 2008-6; s. 25, ch. 2009-223; s. 3, ch. 2011-112; s. 1, ch. 2011-141; s. 8, ch. 2016-222; ss. 5, 23, ch. 2016-224; s. 6, ch. 2017-41; s. 2, ch. 2018-13; s. 47, ch. 2018-106; s. 1, ch. 2020-31; s. 4, ch. 2020-76; s. 3, ch. 2020-125; s. 15, ch. 2020-160; s. 1, ch. 2021-190; s. 9, ch. 2021-199.
Note.Former s. 455.624.

F.S. 456.072 on Google Scholar

F.S. 456.072 on Casetext

Amendments to 456.072


Arrestable Offenses / Crimes under Fla. Stat. 456.072
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 456.072.



Annotations, Discussions, Cases:

Cases from cite.case.law:

DIAZ- RAMIREZ, M. D. v. DEPARTMENT OF HEALTH,, 275 So. 3d 799 (Fla. App. Ct. 2019)

. . . The Board filed an administrative complaint against Diaz-Ramirez alleging a violation of section 456.072 . . .

HALL, L. P. N. v. DEPARTMENT OF HEALTH,, 274 So. 3d 1241 (Fla. App. Ct. 2019)

. . . On appeal, Hall first argues that revocation of her license was improper because section 456.072(3)(b . . . However, section 456.072(3)(b) provides for the penalty of "a citation ... and ... a penalty as determined . . .

D. KING, II, v. DEPARTMENT OF HEALTH,, 272 So. 3d 803 (Fla. App. Ct. 2019)

. . . Section 456.072(1)(aa), Florida Statutes, provides that "[t]esting positive for any drug ... on any confirmed . . . Section 456.072(2), Florida Statutes, states that, if a board finds that a person has violated subsection . . . Section 456.072(2) allows the suspension imposed on Appellant if a board finds that Appellant violated . . . section 456.072(1)(aa), Florida Statutes. . . . The Board correctly interpreted section 456.072 and did not abuse its discretion in suspending Appellant's . . .

T. BREWER, LPN, v. FLORIDA DEPARTMENT OF HEALTH, BOARD OF NURSING,, 268 So. 3d 871 (Fla. App. Ct. 2019)

. . . , and (2) by failing to report the fact of her plea to the Board of Nursing in violation of section 456.072 . . . Section 464.018(2) authorizes the Board to "impose any of the penalties in s. 456.072(2) against any . . . In turn, section 456.072(2)(b), Florida Statutes (2015), empowers the Board to impose a penalty of "suspension . . .

SANCHEZ, R. D. H. v. STATE DEPARTMENT OF HEALTH,, 225 So. 3d 964 (Fla. Dist. Ct. App. 2017)

. . . Sanchez repeatedly had violated §§ 456.072(l)(v) and 456.063(1) by committing sexual misconduct against . . .

GARRISON, v. DEPARTMENT OF HEALTH, BOARD OF NURSING,, 220 So. 3d 1278 (Fla. Dist. Ct. App. 2017)

. . . The Department filed a two-count administrative complaint pursuant to sections 464.018(1)(d)(5) and 456.072 . . .

REUTER, M. D. v. LANCET INDEMNITY RISK RETENTION GROUP, INC. a a, 262 F. Supp. 3d 1341 (S.D. Fla. 2017)

. . . contains the following information regarding the incident and violations: Possible Violation of SS. 456.072 . . .

PAYLAN, M. D. v. DEPARTMENT OF HEALTH,, 226 So. 3d 296 (Fla. Dist. Ct. App. 2017)

. . . Department filed an amended administrative complaint against Paylan alleging that she violated section 456.072 . . . reviewing Paylan’s application for renewal, did not base the nonre-newal on Paylan’s violation of section 456.072 . . .

WEAVER, v. DEPARTMENT OF HEALTH, BOARD OF NURSING,, 215 So. 3d 1283 (Fla. Dist. Ct. App. 2017)

. . . appeals a final administrative order permanently revoking her nursing license for violations of sections 456.072 . . .

Dr. WOLLSCHLAEGER v. GOVERNOR, FLORIDA, 848 F.3d 1293 (11th Cir. 2017)

. . . . §§ 790.338, 456.072, 395.1055, & 381.026). . . . See § 456.072(l)(nn) (emphasis added). . . . See § 456.072(2)(a)-(j); Joint Statement of Undisputed Facts, D.E. 87, at ¶ 11. . . . Id. at § 456.072(l)(nn). . . . Id. at § 456.072(2)(b)-(d), (f), (i)-(j). . . . Violations of the provisions of subsections (1) — (4) constitute grounds for disciplinary action under ss. 456.072 . . .

Dr. WOLLSCHLAEGER, Dr. Dr. v. GOVERNOR OF THE STATE OF FLORIDA, P. El s a ACLU, 814 F.3d 1159 (11th Cir. 2015)

. . . Violation of any of the provisions of the Act constitutes grounds for disciplinary action under § 456.072 . . . Stat. § 456.072(l)(nn). . . . Stat. §§ ] 456.072(2) and 395.1055.” Fla. Stat. § 790.338(8). . . . Stat. § 456.072(2). . . . Stat. §§ 381.026, 456.072, 790.338). . . . .

Dr. WOLLSCHLAEGER, Dr. Dr. v. GOVERNOR OF FLORIDA, Of P. El s A, 797 F.3d 859 (11th Cir. 2015)

. . . Violation of any of the provisions of the Act constitutes grounds for disciplinary action under § 456.072 . . . Stat. § 456.072(l)(nn). . . . Stat. §§] 456.072(2) and 395.1055.” Fla. Stat. § 790.338(8). . . . Stat. § 456.072(2). . . . Stat. §§ 381.026, 456.072, 790.338). . . . .

KALE, Ph. D. v. DEPARTMENT OF HEALTH,, 175 So. 3d 815 (Fla. Dist. Ct. App. 2015)

. . . and thereby violated section 490.009(l)(w), Florida Statutes (2013), through a violation of section 456.072 . . . in the Administrative Complaint; found that it was authorized by section 490.009(2) and/or section 456.072 . . . Section 456.072, Florida Statutes (2013), is titled “Grounds for discipline; penalties; enforcement” . . . For a violation of section 456.072(l)(ii), the penalty range is “[revocation and a fine of $10,000, or . . . Kale primarily relies on section 456.072(2) and Mann. . . .

ROBINSON, v. STEWART,, 161 So. 3d 589 (Fla. Dist. Ct. App. 2015)

. . . itself, what would be deemed an infringement of the law.’ ”); Sloban, 982 So.2d at 31 (holding section 456.072 . . .

Dr. WOLLSCHLAEGER, Dr. Dr. v. GOVERNOR OF FLORIDA, P. El s a, 760 F.3d 1195 (11th Cir. 2014)

. . . (2). § 456.072(l)(nn). . . . Stat. §§ ] 456.072(2) and 395.1055.” § 790.338(8). . . . . § 456.072(2). . . . Farmer, 814 F.Supp.2d 1367, 1384 (S.D.Fla.2011) (citing §§ 456.072(1)(nn), (2), 790.338(1), (2), (5), . . . Stat. §§ 381.026, 456.072, 790.338). . . . .

P. CASTELLON, M. D. v. FLORIDA DEPARTMENT OF HEALTH,, 130 So. 3d 748 (Fla. Dist. Ct. App. 2014)

. . . the Florida Department of Health, Board of Medicine, imposing penalties for a violation of section 456.072 . . . discussed and ultimately recommended an administrative fine of $5,000.00, as authorized by section 456.072 . . . These facts established a prima facie case for a consideration of discipline under section 456.072(l) . . .

M. GONZALEZ, v. DEPARTMENT OF HEALTH,, 124 So. 3d 449 (Fla. Dist. Ct. App. 2013)

. . . it shall issue a final order imposing appropriate penalties, for each count, as set forth in Section 456.072 . . .

GONZALEZ- GOMEZ, M. D. v. DEPARTMENT OF HEALTH,, 107 So. 3d 1139 (Fla. Dist. Ct. App. 2012)

. . . Counts 2 and 3 charged the defendant with violating section 456.072(l)(x), Florida Statutes (2009), by . . .

SABATES, M. D. v. STATE OF FLORIDA DEPARTMENT OF HEALTH,, 104 So. 3d 1227 (Fla. Dist. Ct. App. 2012)

. . . Sabates for the investigation and prosecution of the case in accordance with section 456.072(4), Florida . . . Section 456.072(4), Florida Statutes (2011), permits the Board to impose “costs related to the investigation . . . case” only after it considers “an affidavit of itemized costs and any written objections thereto.” § 456.072 . . . for the Consumer Services and Compliance Management Unit, an award of attorneys’ fees under section 456.072 . . .

P. NATH, A. P. v. STATE DEPARTMENT OF HEALTH,, 100 So. 3d 1273 (Fla. Dist. Ct. App. 2012)

. . . The Department concluded that Nath’s misconduct violates sections 456.072(1)(v) (engaging in sexual misconduct . . .

J. CARLISLE, v. DEPARTMENT OF HEALTH,, 101 So. 3d 883 (Fla. Dist. Ct. App. 2012)

. . . to assess the costs relating to the investigation and prosecution of Appellant pursuant to section 456.072 . . . specify the grounds for the objections and the specific elements of the costs to which he objected. § 456.072 . . . Section 456.072(4) specifies the procedure the Board was required to use to assess the costs relating . . . The Department complied with the plain language in section 456.072(4), and Appellant was on notice of . . .

A. RUBINSTEIN, M. D. v. DEPARTMENT OF HEALTH, BOARD OF MEDICINE,, 100 So. 3d 1163 (Fla. Dist. Ct. App. 2012)

. . . fees, we reverse the award of $65,134.31 in costs relating to attorneys’ fees awarded under section 456.072 . . . Section 456.072(4) permits the Board to impose “costs related to the investigation and prosecution of . . . requirements” constitutes fundamental error, we reverse this portion of costs awarded under section 456.072 . . .

WOLLSCHLAEGER, v. FARMER,, 880 F. Supp. 2d 1251 (S.D. Fla. 2012)

. . . . §§ 790.338, 381.026, 456.072, 395.1055). The bill created Fla. . . . Stats. §§ 456.072, 395.1055. Pursuant to Fla. . . . The State is further permanently enjoined from enforcing § 456.072(l)(mm), to the extent that it provides . . . 790.338(1), (2), (5), and (6) shall constitute grounds for which disciplinary actions specified under § 456.072 . . .

FERNANDEZ, R. N. v. FLORIDA DEPARTMENT OF HEALTH, BOARD OF NURSING,, 82 So. 3d 1202 (Fla. Dist. Ct. App. 2012)

. . . Board agreed and entered a final order adopting the recommendation, citing sections 464.018(2) and 456.072 . . . Section 464.018(2) states that the "board may enter an order ... imposing any of the penalties in s. 456.072 . . . Section 456.072(2)(b) provides for the "suspension or permanent revocation of a license” for violations . . . of any grounds set forth in section 456.072(1) or the applicable practice act. § 456.072(2)(b), Fla. . . . and mitigating circumstances used by the Board in discharging its duties under sections 464.018 and 456.072 . . .

GEORGES, C. N. A. v. DEPARTMENT OF HEALTH,, 75 So. 3d 759 (Fla. Dist. Ct. App. 2011)

. . . Similarly, the Board failed to follow the procedure outlined in section 456.072(4), Florida Statutes . . . While section 456.072(4) permits the Board to impose “costs related to the investigation and prosecution . . .

WOLLSCHLAEGER, v. FARMER,, 814 F. Supp. 2d 1367 (S.D. Fla. 2011)

. . . . §§ 790.338, 381.026, 456.072, 395.1055). The bill created Fla. . . . Stats. §§ 456.072, 395.1055. A. . . . However, §§ 790.338(8) and 456.072(l)(mm) provide that a violation of the inquiry restriction provision . . . violation of the antidiscrimination provision may constitute grounds for disciplinary action under § 456.072 . . . See' § 790.338(8); 456.072(l)(mm). . . .

In KALFAYAN,, 415 B.R. 907 (Bankr. S.D. Fla. 2009)

. . . . §§ 456.0721, 456.072(2), 456.072(l)(k). . . .

S. PENDERGRAFT, IV, M. D. v. DEPARTMENT OF HEALTH, BOARD OF MEDICINE,, 19 So. 3d 392 (Fla. Dist. Ct. App. 2009)

. . . Pendergraft, who is board certified in obstetrics and gynecology, alleging that he violated sections 456.072 . . . Pendergraft violated sections 456.072(l)(k) and 458.331(l)(g) when he performed a third trimester abortion . . . Pender-graft violated sections 456.072(l)(k) and 458.331(l)(g). . . . Pendergraft’s performance of the third trimester abortion in his clinic was contrary to sections 456.072 . . . Pendergraft argues that the violation of sections 456.072(l)(k) and 458.331(l)(g) cannot serve as the . . .

ABRAM, M. D. v. STATE DEPARTMENT OF HEALTH, BOARD OF MEDICINE,, 13 So. 3d 85 (Fla. Dist. Ct. App. 2009)

. . . surgical procedure on a patient’s T3 vertebra level rather than the intended T4 level, violated section 456.072 . . . As the Legislature delegated to the Board the power to enforce section 456.072(l)(aa), we are required . . . Below and in his initial brief, Abram acknowledged the Board’s interpretation that section 456.072(l) . . . We agree with the Department that section 456.072(l)(aa)’s plain meaning does not include a presumption . . . Even if section 456.072(l)(aa) included an irrebuttable presumption that a wrong-site procedure falls . . .

J. MACHIELA, O. D. v. STATE DEPARTMENT OF HEALTH, BOARD OF OPTOMETRY,, 995 So. 2d 1168 (Fla. Dist. Ct. App. 2008)

. . . Section 456.072(2)(c), Florida Statutes (2008) specifically authorizes the Department of Health to tailor . . .

FOX M. D. v. DEPARTMENT OF HEALTH,, 994 So. 2d 416 (Fla. Dist. Ct. App. 2008)

. . . .” §§ 458.331(l)(t); 456.072(2), Fla. Stat. (2007). . . .

WHITNEY, D. C. v. FLORIDA DEPARTMENT OF HEALTH, BOARD OF CHIROPRACTIC MEDICINE,, 992 So. 2d 412 (Fla. Dist. Ct. App. 2008)

. . . following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072 . . .

A. SLOBAN, v. FLORIDA BOARD OF PHARMACY,, 982 So. 2d 26 (Fla. Dist. Ct. App. 2008)

. . . To address whether the Board properly denied Appellant’s petition requires us to construe section 456.072 . . . Section 456.072(6) purports to grant the executive branch the authority to make fundamental and primary . . . Accordingly, section 456.072(6) constitutes an unauthorized delegation of legislative authority. . . . This provision later became section 456.072(5), Florida Statutes (1997), now numbered as section 456.072 . . . II, section 3; therefore, section 456.072(6) is unconstitutional. . . . I concur with the majority’s determination that the last two sentences of section 456.072(6), Florida . . .

E. DOLL, v. DEPARTMENT OF HEALTH,, 969 So. 2d 1103 (Fla. Dist. Ct. App. 2007)

. . . In this count, the Department charged appellant with violating section 456.072(1)(c), Florida Statutes . . . jurisdiction which relates to the practice of, or the ability to practice, a licensee’s profession. § 456.072 . . . We therefore affirm ap-pellee’s actions finding appellant in violation of section 456.072(l)(c) and revoking . . . Section 456.072(4), Florida Statutes, controls the award of costs in this matter. . . . See § 456.072(4), Fla. . . .

HENSON, D. O. v. DEPARTMENT OF HEALTH,, 967 So. 2d 404 (Fla. Dist. Ct. App. 2007)

. . . See §§ 120.60(6), 456.072(1)(q), 456.072(2)(b), Fla. Stat. (2006). See, e.g., Bio-Med Plus, Inc. v. . . .

WATERS, M. D. v. DEPARTMENT OF HEALTH, BOARD OF MEDICINE,, 962 So. 2d 1011 (Fla. Dist. Ct. App. 2007)

. . . following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072 . . .

DOE, M. D. v. DEPARTMENT OF HEALTH,, 948 So. 2d 803 (Fla. Dist. Ct. App. 2006)

. . . Doe of its investigation, it indicated that the allegations involved a possible violation of sections 456.072 . . .

S. MENDEZ, M. D. v. FLORIDA DEPARTMENT OF HEALTH,, 943 So. 2d 909 (Fla. Dist. Ct. App. 2006)

. . . Section 456.072(2), Florida Statutes (2002), lists penalties which the Board may impose when a person . . . of another licensee, or satisfy any terms which are reasonably tailored to the violations found.” § 456.072 . . . dispensing privilege, were authorized by and within the range of permissible penalties under section 456.072 . . .

In STOVER, 332 B.R. 400 (Bankr. W.D. Mo. 2005)

. . . nonpublic retirement plan or any similar plan described, defined, or established pursuant to section 456.072 . . . exemption is limited to payments and plans “described, defined, or established pursuant to section 456.072 . . . The Debtors point out that the modifier referring to § 456.072 (now § 456.014) appears to modify the . . . Section 456.072 of the Missouri Statutes has been renumbered and is now denominated as § 456.014. . . .

A. FIELD, M. D. v. STATE, DEPARTMENT OF HEALTH,, 902 So. 2d 893 (Fla. Dist. Ct. App. 2005)

. . . Section 456.072(l)(u), Florida Statutes (2004), allows the suspension of a license of a health care professional . . .

DANIELS, v. FLORIDA DEPARTMENT OF HEALTH,, 898 So. 2d 61 (Fla. 2005)

. . . following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072 . . .

CONE, D. O. M. D. v. STATE DEPARTMENT OF HEALTH,, 886 So. 2d 1007 (Fla. Dist. Ct. App. 2004)

. . . Osteopathic Medicine, permanently revoking his license to practice osteopathic medicine, pursuant to section 456.072 . . . Whether the Board properly applied § 456.072(l)(f), Florida Statutes, to revoke appellant’s license to . . . A cursory reference to the general provisions of 456.072(l)(f) clearly belies that argument. . . . This statute provides in pertinent part: 456.072 Grounds for discipline; penalties; enforcement.— (1) . . . The Board points out that the “applicable practice act,” referenced in section 456.072(2), is chapter . . .

In HUGHES, 318 B.R. 704 (Bankr. W.D. Mo. 2004)

. . . nonpublic retirement plan or any similar plan described, defined, or established pursuant to section 456.072 . . . 513.430.1(10)(e) is limited to payments and plans “described, defined, or established pursuant to section 456.072 . . . Section 456.072 limits the exemption to payments from “[a] trust created as part of a ... disability . . . Ann. § 456.072 (Supp.2004). . Scarlett v. . . .

W. SULLIVAN, D. C. v. DEPARTMENT OF HEALTH, BOARD OF CHIROPRACTIC MEDICINE,, 885 So. 2d 873 (Fla. Dist. Ct. App. 2004)

. . . following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072 . . .

J. PHILLIPS, Jr. D. D. S. v. BOARD OF DENTISTRY, DEPARTMENT OF HEALTH, STATE OF FLORIDA,, 884 So. 2d 78 (Fla. Dist. Ct. App. 2004)

. . . See §§ 456.072(2)(b); 466.028(1)00, Fla. Stat. (2003). . . .

SPUZA, M. D. v. DEPARTMENT OF HEALTH, 838 So. 2d 676 (Fla. Dist. Ct. App. 2003)

. . . following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072 . . .

In MCCOLLUM, 287 B.R. 750 (Bankr. E.D. Mo. 2002)

. . . nonpublic retirement plan or any similar plan described, defined, or established pursuant to section 456.072 . . .

In L. WALLACE L., 260 B.R. 482 (Bankr. E.D. Mo. 2001)

. . . . § 456.072, annuity or similar plan or contract on account of illness, disability, death, or length . . .

In D. COLLETT H., 253 B.R. 452 (Bankr. W.D. Mo. 2000)

. . . plan, nonpublic retirement plan or any similar plan described, defined, or established pursuant to 456.072 . . .

In GUENTERT, 206 B.R. 958 (Bankr. W.D. Mo. 1997)

. . . nonpublic retirement plan or any similar plan described, defined, or established pursuant to section 456.072 . . .

In WALTERS, 172 B.R. 283 (Bankr. W.D. Mo. 1994)

. . . nonpublic retirement plan or any similar plan described, defined, or established pursuant to section 456.072 . . .