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SULLIVAN v. DEPARTMENT OF HEALTH

No. 3D03-2932.

885 So.2d 873 (2004)

John W. SULLIVAN, D.C., and Florida Chiropractic Physicians' Association, Inc., Appellants, v. DEPARTMENT OF HEALTH, BOARD OF CHIROPRACTIC MEDICINE, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied November 17, 2004.

Attorney(s) appearing for the Case

Neil F. Garfield (Plantation), for petitioners.

Donna Erlick (Tallahassee), for respondent Board of Chiropractic Medicine; Robert P. Daniti (Tallahassee), for respondent Department of Health.

Before SCHWARTZ, C.J., and LEVY, J., and COBB, WARREN H., Senior Judge.

Rehearing and Rehearing En Banc Denied November 17, 2004.

COBB, Senior Judge.

The issue posed by this appeal, which we consider de novo, is whether the Florida Legislature, while statutorily authorizing chiropractors in this state to administer vitamins and nutrients to their patients orally, has also authorized them to do so by injection.

The Department of Health, Board of Chiropractic Medicine ("the Board"), is the state agency responsible for the...

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