Stover v. State of Florida, Department of Health
The Department of Health issued an emergency order barring a plastic surgeon from performing any fat transfer or fat grafting procedure after a patient died during a Brazilian Butt Lift allegedly performed in violation of the Board of Medicine's gluteal fat grafting rule. The Third District held that although the order contained detailed facts establishing an immediate danger, it failed to explain why a blanket ban on all fat transfer procedures (including much smaller facial, breast, and hand procedures) was narrowly tailored or why less restrictive remedies would not suffice. The court granted the petition and quashed the emergency restriction order.
Key facts
- Plastic surgeon was subject to an emergency order from the Department of Health barring him from performing any fat transfer or fat grafting procedures after a patient died during a Brazilian Butt Lift allegedly performed in violation of the Board of Medicine's gluteal fat grafting rule.
- The emergency order imposed a blanket ban on all fat transfer procedures, including facial, breast, and hand procedures, without explaining why such a broad restriction was necessary or why less restrictive alternatives would not suffice.
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Why it matters
This is a useful precedent for professional-license defense counsel challenging DOH emergency suspension or restriction orders: even where the underlying conduct is egregious (a patient death), the order must be… — full analysis with a trial
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