Notice is hereby given that the Board of Medicine has received a Petition for Declaratory Statement filed on behalf of Ralph Zipper, M.D., and Ralph Zipper, M.D., P.A., on April 8, 2019. The Petitioner seeks a declaratory statement from the Board with regard to whether a licensed physician may treat patients using a medical device manufactured by an entity in which the physician has an investment interest where:
1. the return on the physician’s investment interest is directly proportional to the amount of the physician’s ownership interest;
2. the physician is not compensated based on the volume or value of referrals to the entity;
3. the physician owns less than 25% of the entity;
4. the medical device contains innovative intellectual property that was developed by the physician;
5. the physician participates in the active management of the entity.
The Board will consider this petition at its meeting currently scheduled for Friday, June 7, 2019. Except for good cause shown, motions for leave to intervene must be filed within 21 days after publication of this notice. Copies of the petition may be obtained by writing Claudia Kemp, J.D., Executive Director, Board of Medicine, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3253, or from MQA.Medicine@FLHealth.gov.
