Kaplan v. Department of Health, Board of Osteopathic Medicine

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. Kap-lan’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 of Health (the Department) which alleged that Dr. Kaplan had violated section 459.015(l)(x), Florida Statutes (2005) by failing to practice…