The Florida Department of Health (“FLDOH”) is the State agency that regulates health care professions in the State of Florida. Amongst other things, they are tasked with reviewing health care provider complaints, investigate them, prosecute and discipline licensed found to be in violation of the laws and rules regulating their profession.
Florida licensed health care professionals are governed by the Practice Act. Chapter 456 of the Florida Statutes regulates all health care professions. However, each specialty has their own Practice Act as well. For example, medical doctors are governed by Chapter 458 of the Florida Statutes, while nurses are governed by Chapter 464 of the Florida Statutes.
If a health care professional is in violation of their Practice Act, the FLDOH will initiate an investigation against them. Upon completion of the investigation, the FLDOH may choose to dismiss the case or file a formal Administrative Complaint against the licensee. A licensee subject to an Administrative Complaint, may be discipline by their respective Board if found liable for the violation.
If you are facing an administrative complaint, you should IMMEDIATELY seek counsel. An experienced health care defense attorney can not only help preserve your rights, but also help you elect the proper course of action. For some, a formal hearing may be the best option. However, if the odds of success are slim, the licensee may find themselves with thousands of dollars of investigative and prosecutorial costs due to FLDOH. For others, the only choice available may be an informal hearing. However, an experienced health care attorney can help negotiate a reasonable settlement.
We often receive calls from health care professionals who made a poor decision due to lack of understanding. Some even told us they discussed the case with the prosecutor! Prosecutors are not there to help the licensee. The prosecutor cannot give the licensee legal advice. The prosecutors’ job is to prove their case against the licensee. The law imposes a duty on the licensee to make an educated decision. Ignorance of the process, unfortunately, is not sufficient justification in the eye of the law. If you make a bad decision, it may be too late to recover. Call a lawyer.
At Chapman Law Group, our sole focus is licensed health care professionals like you. For more than 30 years, we have represented and defended health care practitioners like nurses, doctors, and pharmacist, in administrative proceedings, civil and criminal actions, in state and federal courts. Contact us today and let us put our experience in criminal law, regulatory affairs, compliance, and civil litigation to work for you.
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Chairperson of Professional Licensing & Regulatory Affairs,
Civil Litigation
Sarasota Office
6841 Energy Court
Sarasota, FL 34240
Phone: (941) 893-3449
Our Florida nursing licensing attorneys used E-FORCSE records, drug test results to prove surgeon maliciously reported the nurse to the DOH.
When a Florida nurse tested positive for THC on a pre-employment drug test, our attorneys presented evidence on CBD causing THC-positive tests.
Our Florida healthcare licensing defense attorneys contended that the Florida Department of Health had no probable cause for formal charges.
