Summary
The Florida Third District Court of Appeal denied Dr. Arnaldo Valls’s petition for review of a nonfinal agency action restricting his medical license. The court held that the Department of Health’s emergency restriction order adequately demonstrated an immediate serious danger to public health and was likely necessary to prevent continued performance of suction-assisted lipectomy and fat transfer. The restriction was deemed narrowly tailored because it prohibited only those procedures rather than all surgery or plastic surgery.
Court
Third District Court of Appeal of Florida
Jurisdiction
Florida
Decision date
October 10, 2018
Docket number
No. 3D18-1825
Disposition
writ_denied
Questions Presented
- Whether the Department's Order of Emergency Restriction demonstrated on its face an immediate serious danger to public health, safety, or welfare.
- Whether the order showed that the complained-of conduct was likely to continue in the absence of the restriction.
- Whether the restriction was necessary and narrowly tailored to be fair under section 120.60(6), Florida Statutes.
Holdings
- The Order of Emergency Restriction, on its face, sufficiently demonstrated that Valls's continued performance of suction-assisted lipectomy and fat transfer would present an immediate serious danger to public health, safety, or welfare and that the conduct was likely to continue without the order.
- The Order of Emergency Restriction was narrowly tailored and fair because it prohibited Valls only from performing suction-assisted lipectomy and fat transfer, rather than prohibiting all plastic surgery or all surgery.
Court Document
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