Florida health care providers often experience a great deal of confusion about whether they are subject to restrictions on their ability to work due to administrative actions by the Florida Department of Health (DOH). Due either to not understanding the law or misinformation from colleagues, many health professionals think that they must stop working when FDOH or Intervention Project for Nurses (IPN), and Professionals Resource Network (PRN) issues arise.
This Q&A addresses those specific concerns in relation to DOH letters of investigation and administrative complaints, based on questions that the healthcare lawyers at Chapman Law Group frequently hear.
NOTE: These answers should serve only as general guidelines; you should not rely on this information as legal advice. Because each health care professional’s case is unique, you should consult a professional licensing attorney before making any decisions that could impact your license and livelihood.
No, you can and should continue to work unless you also received a document specifically ordering you to stop working. In fact, a letter of investigation is a private matter (i.e., not of public record) between you and the DOH. Therefore, it is not necessary for you to tell your employer about the letter unless the terms of your employment agreement require it. However, your employer, or former employer, may have reported your suspected violation(s) and will already know about the DOH investigation.
A DOH letter of investigation serves to provide you notice that DOH intends to investigate a complaint that was filed “in writing, signed by the complainant, and is legally sufficient.” The DOH may initiate an investigation if it has reasonable cause to believe that a licensee has violated a Florida statute, a rule of the department, or a rule of a board.
A DOH investigation is a state administrative action that can be loosely compared to an arrest in a criminal matter. Therefore, just like an arrest, many things could happen between initiation of the action (investigation) and a final disposition. Importantly, several things could occur resulting in no discipline against your license. These include, but are not limited to, the case being dismissed by DOH, a finding of no probable cause, a letter of concern (non-compliance), a settlement without discipline, or an adjudication of not guilty.
Licensees have the right to submit a written response within 20 days (45 days for physicians) from receipt of the letter. If you receive a letter of investigation you should retain a professional health care licensing attorney who has expertise in responding to these letters.
Yes, you can seek and accept new employment unless the DOH gave you specific instructions not to look for work, but this is very rarely the case. There are several reasons why you should seek a new job. For one, you will need income to support yourself and family. In addition, returning to work helps to create a favorable “track record” and could be used to show the DOH that you are safe to practice your profession and perhaps counter allegations made by your former employer.
There are four specific situations which will preclude you from working. Those are:
Emergency orders suspending your license may be entered early in the investigative process if DOH believes that you pose an immediate danger to the public’s health, safety, or welfare.
You are not required by law to tell potential employers about a letter of investigation. But if you are questioned by the employer about a DOH investigation, you must be truthful and acknowledge such information.
Be aware that should you be hired and the investigation later results in discipline against your license, you will be required to tell the employer. Therefore, some health professionals choose to tell their potential employers up front about a pending investigation so that their employer is not surprised if and when the health professional reports a disciplinary action against his/her license.
Unless you received specific instructions from the DOH along with the letter of investigation, you are not required to contact or enroll in IPN/PRN. However, if you believe that you have a substance abuse problem and would benefit from a monitoring and treatment program, then you should consider entering IPN/PRN before being ordered to do so by DOH. You should consult with a professional licensing attorney before contacting IPN/PRN as these programs require you to sign a binding contract.
Yes, most often you are permitted to participate in IPN/PRN and continue practicing. One of the primary purposes of the IPN/PRN is provide treatment for health practitioners while they work and maintain their licensees.
Occasionally, depending upon the severity of the situation, IPN/PRN may require you to refrain from practice during evaluation and any resulting treatment. In those cases you may resume practice when given authorization to do so by IPN/PRN. The approval for a return to practice is issued upon recommendations from approved treatment providers in consultation with PRN staff.
Yes, it will be necessary for you to tell your employer that you are enrolled in IPN/PRN. This is because the terms of the IPN/PRN contract usually require you to have a “sponsor” at work who observes your practice for safety and makes regular reports to IPN/PRN. However, your participation in IPN/PRN is a confidential matter between you and the employer, so other individuals at work need not know of your enrollment.
If you have questions about the terms of your IPN/PRN contract, you should consult with a professional health care licensing lawyer who has experience reviewing IPN/PRN contracts.
A Probable Cause Panel recommends an administrative complaint when the investigation and/or the expert opinion support the allegation(s) against you. Just as with a letter of investigation, you can and should continue to work unless you also received a document specifically ordering you to stop working. But, unlike a letter of investigation, administrative complaints are public record and are linked to your practitioner profile on the DOH’s license verification website.
If you receive an administrative complaint you should immediately retain a professional healthcare licensing attorney who has expertise responding on your behalf through a legal pleading called an Answer. You should take the administrative process seriously, as the consequences of failing to appropriately respond to an administrative complaint (or letter of investigation) can have permanent adverse implications on your license and livelihood.
Similar to the letter of investigation, it is not necessary for you to tell your employer about an administrative complaint unless the terms of your employment agreement require it. Often though your employer, or former employer, reported your suspected violation(s) and will already know about the DOH investigation and subsequent administrative complaint.
You are not required by law to tell potential employers. But if you are questioned by the employer about an administrative complaint, you must be truthful and acknowledge such information. Be aware that should you be hired and the administrative complaint later results in discipline against your license, you will be required to tell the employer. Therefore, some health professionals choose to tell their potential employers up front about administrative complaints so their employer is not surprised if and when the health professional reports a disciplinary action against his/her license.
For 35 years, our Florida healthcare lawyers at Chapman Law Group have worked to defend the license, freedom and livelihood of nurses like you. We work with nurses and other licensed healthcare professionals throughout Florida and with the Board of Nursing (BON), including Miami, Jacksonville, Tampa, Orlando, and West Palm Beach. Reach out to us to learn more about our nursing and medical license defense services.
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