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KAPLAN v. DEPARTMENT OF HEALTH

No. 5D08-1036.

8 So.3d 391 (2009)

Barry Jack KAPLAN, D.O., Appellant, v. DEPARTMENT OF HEALTH, BOARD OF OSTEOPATHIC MEDICINE, Appellee.

District Court of Appeal of Florida, Fifth District.

March 6, 2009.

Attorney(s) appearing for the Case

Kathryn L. Kasprzak, Orlando, for Appellant.

Charlyne "Khai" Patterson, Assistant General Counsel, Prosecution Services Unit, Tallahassee, for Appellee.

EVANDER, J.

Dr. Barry Kaplan appeals a final order of the Board of Osteopathic Medicine (the Board) which, inter alia, suspended and restricted his license to practice osteopathic medicine. We affirm the Board's decision and write only to address Dr. Kaplan's contention that the Board wrongfully imposed a penalty more severe than recommended by the administrative law judge (ALJ).

On November 21, 2006, an administrative complaint was filed by the Department...

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