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McNEELY v. DEPT. OF HEALTH

No. 1D00-3852.

770 So.2d 258 (2000)

Mary McNEELY, Petitioner, v. DEPARTMENT OF HEALTH, Respondent.

District Court of Appeal of Florida, First District.

October 31, 2000.

Attorney(s) appearing for the Case

J. Joseph Hughes, Tallahassee, for petitioner.

William Large, General Counsel, and Simone Marstiller, Senior Attorney-Appeals, Agency for Health Care Administration, Tallahassee, for respondent Department of Health.

PER CURIAM.

Mary McNeely petitions for review of an order of the Department of Health summarily suspending her nursing license on an emergency basis. Of the various arguments petitioner presents, we find merit in only one. The statute upon which the agency relies to justify its action, section 456.074(3), Florida Statutes (2000), authorizes summary suspension when a licensee tests positive on a "confirmed drug test, as defined in s. 112.0455." However, the department...

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