Case Result: Doctor's Voluntarily Relinquished Medical License is Reinstated

Professional:
Doctor

Primary issue:
In 2015, our client signed a Voluntary Relinquishment stating that she agreed to “never reapply for licensure again”. This meant that, as a former licensed doctor, she would never again be able to apply for a medical license. During this time, our client was subject of an investigation and signed the Relinquishment in order to avoid prosecution by the Florida Department of Health. 

Argument:
After being denied a new medical license twice prior, our Florida regulatory licensing attorney’s main arguments were that the Voluntary Relinquishment was unconscionable and that the DOH investigators violated due process, due to the fact that our client’s Power of Attorney was not notified of the Voluntary License Relinquishment. At the time that the document was signed, our client was suffering from a mental health condition and was under severe duress. Because of this, our client was not able to fully comprehend what the Voluntary Relinquishment was presenting.

We also argued that the Board was not barred from considering our client’s medical license application because of the Voluntary Relinquishment. As we were not asking the Board to reconsider, we presented that it only needed to review new mitigating evidence, since it was considering a brand-new license application.

Result:
The Board approved our client’s licensure application with conditions. The Board applauded our arguments, and even stated that the Board should be cautious with future Voluntary Relinquishments if mental impairment is involved.

Areas of Law:
Florida Department of Health Investigations & Complaints
Medical License 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.