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.
An informal hearing before the Florida Department of Health may seem straightforward, but it carries significant professional consequences. Although licensees cannot dispute allegations directly during informal hearings, they have an important opportunity to present mitigating evidence and advocate for reduced penalties. Experienced legal counsel specializing in health care law and administrative procedures can strategically guide licensees through this crucial process. Without proper representation, licensees risk receiving harsher disciplinary actions, negatively impacting their professional standing, reputation, and future career opportunities. Therefore, consulting with an attorney familiar with informal hearings and the Florida Department of Health’s disciplinary processes is essential.
At Chapman Law Group, we exclusively represent licensed health care professionals facing disciplinary actions before the Florida Department of Health. For over 30 years, our attorneys have successfully guided nurses, doctors, pharmacists, and other health care providers through informal hearings, formal administrative proceedings, civil litigation, and regulatory compliance issues. Contact Chapman Law Group today, and let us leverage our extensive expertise in administrative and health care law to protect your license and career.
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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.
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Our Florida healthcare licensing defense attorneys contended that the Florida Department of Health had no probable cause for formal charges.
