A Florida court has upheld a disciplinary action against chiropractor Tige Robert Buchanan for allowing an unlicensed subordinate to operate an x-ray machine on patients. The ruling from the District Court of Appeal of Florida, filed on July 21, 2021, confirms the Department of Health's decision to discipline Buchanan's license. This ruling affects Buchanan's professional standing and underscores the importance of compliance with health regulations in the chiropractic field.
The case, identified by docket number 1D20-2648, began when the Department of Health investigated Buchanan's practice and found that he had permitted an unlicensed individual to perform x-ray procedures. Following this investigation, the Department issued an administrative complaint against him. Instead of contesting the complaint through a hearing, Buchanan opted to waive his right to an administrative hearing and accepted a settlement agreement, which led to a final order of discipline being issued against him.
After the final order was issued, Buchanan did not appeal the decision, and no legal issues were raised during that initial proceeding. However, several months later, he sought to modify the final order to clarify his obligations under the settlement agreement. All parties involved agreed to modify the order for clarity, and a new order was subsequently entered.
Shortly after this modification, Buchanan filed a motion to vacate the final order entirely. He claimed that there were fundamental due process flaws in the original proceedings, arguing that the entire disciplinary action should be set aside. The Department of Health denied this motion, stating that Buchanan had been given notice and an opportunity to be heard during the original hearing, and that he had agreed to the disciplinary measures.
The court ruled on the appeal, affirming the Department's decision. Judge Long stated, "The doctrine of administrative finality... states a decision, once final, may only be modified if there is a significant change in circumstances or if modification is required in the public interest." The court emphasized that the modifications granted to Buchanan did not revive issues he had previously failed to address during the original proceedings.
Judges Ray and Tanenbaum concurred with the decision. The court's ruling reinforces the principle that once a disciplinary decision is finalized, it is challenging to overturn unless significant new evidence or circumstances arise.
This ruling has implications for other health professionals who may face similar disciplinary actions. It highlights the importance of understanding the consequences of waiving the right to appeal and the necessity of addressing all relevant issues during the initial proceedings. Failure to do so may limit future options for contesting disciplinary actions.
Going forward, this case serves as a reminder to health professionals about the critical nature of compliance with licensing regulations and the potential consequences of allowing unlicensed individuals to perform medical procedures. The ruling underscores the importance of maintaining high standards of practice in the healthcare field to protect patient safety.
As for next steps, Buchanan may still have the option to appeal the decision further, but details about any potential appeal were not provided in the court filing. There are no related cases mentioned in the opinion.