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ORTIZ v. DEPARTMENT OF HEALTH

No. 4D03-1763.

882 So.2d 402 (2004)

Victor ORTIZ, Appellants, v. DEPARTMENT OF HEALTH, BOARD OF MEDICINE, Appellee.

District Court of Appeal of Florida, Fourth District.

July 21, 2004.

Attorney(s) appearing for the Case

William E. Williams and J. Andrew Bertron, Jr. of Huey, Gilday, Tucker, Schwartz & Williams, P.A., Tallahassee, for appellant.

Charles J. Crist, Jr., Attorney General, and Edward A. Tellechea, Assistant Attorney General, Tallahassee, for appellee Board of Medicine.

WARNER, J.

Appellant, a certified registered nurse anesthetist, ("CRNA") challenges Administrative Rule 64B8-9.009(6)(b)1.a., adopted by the Board of Medicine ("Board"), which requires a surgeon in an outpatient facility to have a licensed M.D. or D.O. anesthesiologist present to supervise the administration of anesthesia. He argues that the Board exceeded its delegated grant of authority when promulgating the rule, and...

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