RAPHAEL ARWAS, D.D.S., APPELLANT,
v.
STATE OF FLORIDA, DEPARTMENT OF HEALTH, APPELLEE

Fla. 3d DCA | 2002-04-24
No. 3D01-3519
Before JORGENSON, SHEVIN, and SORONDO, JJ.
815 So. 2d 712 Florida District Court of Appeal, Third District (2002) Positive Treatment
Cited by 2 cases

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Holding

The court held that the Department of Health properly issued an order of emergency suspension of the doctor's license.


Facts & Procedural History

Dr. Arwas pled guilty to defrauding Medicaid and employing unlicensed individuals to perform dental procedures. The Department of Health suspended his…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Raphael Arwas appeals from an “Order of Emergency Suspension of License.” We affirm.

On December 19, 2000, Dr. Arwas pled guilty to one count of organized scheme to defraud Medicaid and one count of employing unlicensed individuals to perform dental procedures. The charges stemmed from his practice of recruiting and picking up teenagers and children who were Medicaid recipients; having an unlicensed employee perform dental procedures on them in exchange for fast food and $5.00; and then billing Medicaid. He was sentenced to two years of community control and three years of probation, and ordered to pay costs and restitution.

On December 13, 2001, the Department of Health suspended his license pursuant to section 456.074, Florida Statutes (2001), and section 120.60(6), Florida Statutes (2001). Dr. Arwas appeals the order of emergency suspension.1

We affirm, as the order was proper pursuant to section 120.60(6), which provides that the agency may issue an order of emergency suspension if it finds an “immediate serious danger to the public health, safety, or welfare.... ” We do not reach the remaining points on appeal.

AFFIRMED.

. On January 8, 2002, the Department filed an administrative complaint seeking revocation or suspension of Arwas’ license and imposition of fines based on the same facts as the emergency suspension.


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Citator

Cited By

  • Carola M. Vargas-Leon, M.D. v. State, 871 So. 2d 1035 (Fla. 3d DCA 2004)
    …Carola Vargas-Leon, M.D. has petitioned for review of the State of Florida, Department of Health’s order of emergency restriction of license. We affirm the order as it is proper pursuant to Section 120.60(6), Florida Statutes. See Arwas v. State, 815 So. 2d 712 (Fla. 3d DCA 2002). Affirmed.…

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