ALJ Recommends Dismissal of Case

On November 6-7, 2018, Dale Sisco and Thomas Sisco represented a foreign physician in a Department of Health disciplinary proceeding. The Respondent is a licensed Acupuncturist and Electrologist. She also maintains a certification as a Certified Surgical Assistant from the American Board of Surgical Assistants. The Department of Health alleged the Respondent had (1) performed liposuction and fat transfer procedures without a license on multiple occasions; and (2) had misrepresented herself as a Florida physician. (Count 2 was voluntarily dismissed prior to the hearing).

Following a two-day hearing and the submission of post-hearing briefs, the Administrative Law Judge entered an Order on April 18, 2019, recommending dismissal finding that the Department of Health "failed to demonstrate, even by a preponderance of the evidence, that Respondent actually performed the surgeries in question".

In this action the Florida Department of Health had used Respondent's image and images of her clinic in a widely distributed Public Service Announcement (PSA) aired in movie theaters throughout the state.