BOARD OF OPTOMETRY v. BD. OF MEDICINE

No. 91-3848.

616 So.2d 581 (1993)

FLORIDA BOARD OF OPTOMETRY, Florida Optometric Association, Albert Aran, M.D., Philip Dagostino, O.D., Paul E. Garland, M.D., and John McClane, III, O.D., Appellants, and Florida Nurses Association, Intervenors/Appellant, v. FLORIDA BOARD OF MEDICINE, Appellee, and Florida Medical Association and Waite S. Kirkconnell, M.D., Intervenors/Appellees.

District Court of Appeal of Florida, First District.

April 5, 1993.


Attorney(s) appearing for the Case

James C. Adkins, Leonard A. Carson, Lucille E. Turner, and Rosa H. Carson, Carson, Linn & Adkins, Tallahassee, for appellants.

Robert A. Butterworth, Atty. Gen., and Arthur R. Wiedinger, Jr., Ann Cocheu, M. Catherine Lannon, Asst. Attys. Gen., Tallahassee, for appellee.

Martha W. Barnett, D. Bruce May, and Scott D. Makar, Holland & Knight, Tallahassee, for intervenors/appellees Florida Medical Ass'n and Waite S. Kirkconnell, M.D.


BARFIELD, Judge.

The appellants challenge a final order of the Division of Administrative Hearings determining the validity of the Board of Medicine's proposed "Surgical Care Rule," Rule 21M-20.015, Florida Administrative Code. We affirm.

Appellants contend that the proposed rule is an invalid exercise of legislative authority as defined in section 120.52(8), Florida Statutes, because the Board of Medicine does not have the authority to create a "standard...

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