Nair v. Department of Business & Professional Regulation, Board of Medicine

DAVIS, Judge.

Appellant, Balakrishna Nair, M.D., appeals from an order of the Board of Medicine (“the Board”) determining that appellant had on two occasions violated section 458.331(1)©, Florida Statutes. Because the administrative action against appellant with regard to patient 2 involved revocation or suspension of his license, thereby requiring the Department to demonstrate misconduct by clear and convincing evidence, we conclude that the Board erred in finding appellant guilty of a violation of section 458.331(1)©, Florida Statutes, by a preponderance of the evidence and imposing a $5,000…