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, will have to chose whether to dispute the Administrative Complaint by electing a formal hearings, or choose to not dispute it and appear before the Board for an informal hearing. In some cases, a licensee may be offered a Settlement Agreement to resolve the case. The only way to avoid discipline once an Administrative Complaint is filed is to elect a formal hearing, and win your case. All other options constitute discipline, reportable to the National Practitioner Data Bank.
Formal hearings are the administrative law equivalent to a civil trial. The parties are bound by the Florida rules of civil procedure, rules of evidence, and the Florida administrative practice act. Licensees wishing to dispute an administrative complaint should retain an experienced health care attorney with knowledge of administrative law and civil trials. Failure to comply with the rules can result in exclusion of evidence or worse. Additionally, formal hearings will expose the licensee to a high likelihood of being deposed. Unlike criminal cases where the accused can plea the 5th, administrative hearings do not afford the accused that right. For all of these reasons, licensees wishing to fight their charges should immediately call an attorney.
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
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Our Florida healthcare licensing defense attorneys contended that the Florida Department of Health had no probable cause for formal charges.
