Case Result: Our Florida License Attorneys Assert That Chiropractor Disclosed Prior Discipline in Other State, Did Not Lie on Application

Professional:
Chiropractor

Primary issue:
Client chiropractor is licensed in a different state and has 20 years of experience. He wanted to apply for licensure in Florida so he could move to the state to be with his family. After applying, he was denied.

Early in his career, client was working in a multispecialty clinic that ended up being subject to a healthcare fraud investigation. He was indicted along with all the other practitioners. Despite a review of hundreds of documents and files that showed no concrete evidence of fraud, the prosecution did not want to dismiss the case, allegedly on fear that their conspiracy theory would fail against all practitioners. Instead, client was offered a plea deal for attempted petty theft, on what is best described as a $400 billing error that never resulted in overpayment. Client took the plea to avoid lengthy litigation. As a result, that state’s board of chiropractic medicine investigated him and decided to impose discipline.

Client disclosed all of this to the Florida Board of Chiropractic Medicine by submitting a self-explanation and supporting documentation. However, on the actual application question “Have you ever been licensed in another state?” he answered “NO.” The Board requested his appearance to discuss the application. The Board believed client had lied on the application when answering “NO,” and that he was not taking accountability for the original allegations of healthcare fraud. The hearing quickly went awry, resulting in a formal denial, which is a reportable disciplinary action.

Argument:
In appealing the denial, the Florida health care license defense attorneys at Chapman Law Group prepared a petition for formal hearing. We contended that client did not lie, given that, in the same application, he reported he had a license in another state and that it was disciplined. We also asserted that the attempted petty theft charge was irrelevant to his practice and that the only thing for the Board to consider was the prior out-of-state discipline. Instead of dragging our client into a lengthy, expensive Florida Department of Health hearing, we persuaded the Board to reconsider its decision.

Result:
After appearance and presenting our case directly to the Board, the Board voted to approve his license with conditions. Client will be issued a license and will be free to practice in Florida so long as he complies with the Board’s request within six months.

Areas of Law:
Healthcare Licensing
Professional Licensing Defense

Disclaimer:
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the State Bar.

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