Ocampo v. Dep't of Health,
No. 1D01-1351 (Fla. App. Feb. 12, 2002)

A physician was excluded from participating in federal health care programs. As a result, he was disciplined by the department of health for having his license or authority to practice medicine revoked, suspended or otherwise acted against. The physician argued that the exclusion from the federal health care programs was not a restriction on his license or authority to practice medicine. The District Court of Appeal of Florida agreed with the physician. The court ruled that professional disciplinary statutes should be read narrowly and that ambiguities should be read in favor of the licensee. The court concluded that a Medicare provider number is not a license to practice medicine and, while his exclusion may make it more difficult for his patients to pay for his services, the department of health did not properly charge him.