– Healthcare professionals regulated by the Florida Department of Health should promptly respond to any letters received regarding an investigation, as there may be a deadline for response.
– Ignoring the letter or not providing a timely and adequate response can lead to sanctions, including the filing of a formal Administrative Complaint.
– It is important to seek the assistance of an experienced licensing defense attorney to prepare a comprehensive, prompt response in compliance with the Department’s deadline. – The Florida Department of Health investigates complaints about healthcare providers.
– A non-attorney investigator gathers evidence and interviews witnesses.
– The practitioner may receive an investigative letter and has the right to respond.
– The investigator submits an investigative report to the Probable Cause Panel of the regulatory board.
– The board’s Probable Cause Panel makes a determination of probable cause by majority vote.
– If probable cause is found, the panel can recommend filing a formal complaint or issue a letter of guidance. – The Florida Department of Health considers factors such as the danger to the public, previous disciplinary action, length of practice, actual damage caused, rehabilitation efforts, and cost of disciplinary proceedings when determining discipline against a provider.
– Patients, co-workers, employers, supervisors, and licensed facilities can file complaints with the Department of Health, and complaints can be anonymous or filed by a confidential informant.
– Complaints can be filed against any healthcare practitioner or facility licensed or regulated by the Department of Health, including M.D.s, D.O.s, nurses, pharmacists, physician assistants, and advanced registered nurse practitioners. 1. Healthcare practitioners must report any criminal activity after receiving their medical licenses.
2. The deadline for filing a complaint with the Department of Health is six (6) years from the date of the incident. There are exceptions for criminal actions, diversion of controlled substances, sexual misconduct, and impairment by the medical professional.
3. In cases of fraud, concealment, or intentional misrepresentation of fact, the period of limitations may be extended to 12 years after the incident. – Fee disputes, billing disputes, personality conflicts, and complaints of bedside manner or rudeness of practitioners are generally not investigated by the Department of Health.
– Department of Health investigations are confidential until an Administrative Complaint is filed, at which point it becomes public.
– Practitioners are generally advised to cooperate with the Department of Health in resolving their case, but should carefully examine any requests for documents and consider seeking legal help.
– When an Administrative Complaint is served on a practitioner, they are provided with an Election of Rights form, which allows them to proceed with resolving the case through an informal or formal hearing. – Informal hearings before the regulatory board do not determine issues of material fact, and practitioners can’t argue their innocence or contest the charges.
– Formal hearings occur when the practitioner contests the charges, and evidence and legal arguments can be presented.
– The Florida Department of Health or governing regulatory board can impose disciplinary actions such as restrictions on practice, continuing education, or revocation of license.
– A practitioner can appeal a Final Order within thirty days to the District Court of Appeal for the relevant jurisdiction. – Physicians are required to report disciplinary actions taken against their license in another state to the Florida Board of Medicine within 30 days.
– It is recommended to hire an attorney to assist with a Florida Department of Health investigation, as the investigation is penal in nature and practitioners retain constitutional rights.
– Malpractice insurance providers may pay for the practitioner’s defense against a Department of Health investigation, but it is recommended to contact the insurance provider directly for details.
– More information can be found by contacting the Florida Department of Health, visiting their website, or accessing information specific to each type of regulated healthcare professional on their respective board website. – Cantrell Astbury Kranz, P.A. is a boutique law firm that specializes in business disputes in the Florida healthcare industry.
– They have attorneys with extensive experience and top-tier credentials.
– Their areas of focus include employment litigation, non-competes, shareholder disputes, financial services, and discrimination/harassment cases.
– By contacting them, individuals are agreeing to receive automated communications, including calls, texts, and emails. – Breach of contract
– Partnership disputes
– Franchisor and franchisee disputes
– Securities and FINRA issues
– Defamation, libel, and slander cases
– Sexual harassment claims
– Non-compete and employee mobility disputes
– Unpaid commissions and bonuses
– Discrimination, harassment, and retaliation cases
– Family and Medical Leave Act violations
– Executive compensation disputes
Florida License Defense FAQs – Physicians, Nurses, & Pharmacists
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