NAIR v. DEPT. OF BUS. & PROF. REG.

No. 94-1213.

654 So.2d 205 (1995)

Balakrishna NAIR, M.D., Appellant, v. DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, BOARD OF MEDICINE, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 24, 1995.


Attorney(s) appearing for the Case

Wilson Jerry Foster, Tallahassee, for appellant.

Kathryn L. Kasprzak, Asst. Gen. Counsel, Tallahassee, for appellee.


DAVIS, Judge.

Appellant, Balakrishna Nair, M.D., appeals from an order of the Board of Medicine ("the Board") determining that appellant had on two occasions violated section 458.331(1)(j), Florida Statutes. Because the administrative action against appellant with regard to patient 2 involved revocation or suspension of his license, thereby requiring the Department to demonstrate misconduct by clear and convincing evidence, we conclude that the Board erred in finding...

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