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DAUBE v. DEPARTMENT OF HEALTH

No. 1D05-0251.

897 So.2d 493 (2005)

Daniel Campbell DAUBE, Jr., M.D., Petitioner, v. DEPARTMENT OF HEALTH, Respondent.

District Court of Appeal of Florida, First District.

February 22, 2005.

Attorney(s) appearing for the Case

John W. Black, Tallahassee; Lisa Shearer Nelson of Holtzman, Equels, Tallahassee, for petitioner.

William Large, General Counsel, and Dana Baird, Assistant General Counsel, Department of Health, Tallahassee, for respondent.

ON MOTION FOR STAY

PER CURIAM.

Petitioner filed a motion to stay a Department of Health (DOH) emergency order which suspended his license to practice medicine. We granted relief by an unpublished order and now issue this opinion to explain our ruling.

The emergency order alleged that instead of using BOTOX(R) in wrinkle reduction procedures, petitioner used an unapproved product without the consent of his patients. When petitioner became aware...

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