Nath v. State Department of Health

By petition for review,1 Ragu P. Nath, A.P., asks this court to quash an Emergency Suspension Order (“ESO”) issued by the Department of Health (“Department”) suspending his license to practice acupuncture in Florida. We conclude that the Department’s factual findings sufficiently demonstrate immediate harm to the public health, safety, or welfare, and that the conduct alleged is likely to recur. However, we find the Department failed to demonstrate that the action taken — license suspension — was necessary to address the particular harm alleged.

In the ESO under review, the Department found…