Florida Department Of Health Disciplinary Proceedings: Investigations

Chapman Law Group Article on Florida Department of Health Investigations

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The Florida Department of Health (FLDOH)

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 healthcare providers found to be in violation of the laws and rules regulating their profession.

The Florida Practice Act

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.

Florida Practice Act Violations

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.

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The Florida Department of Health Investigations Process

Florida Department of Health Investigations Process Infographic
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    1. Complaints are received and assessed by the Florida department of health division of medical quality assurance (“MQA”).
    2. MQA will create a case no., prepare a case summary listing: complainant information, date of receipt, licensee information, the statues alleged to have been violated, narrative of events.
    3. The case is assigned to an investigator (regulatory specialist) from a regional office, close to the licensee’s address.
    4. The assigned investigator will prepare a letter of investigation and contact the licensee to provide them with notice.
    5. The investigator will conduct a preliminary investigation, complete an initial investigative report, and submit the report to the Prosecution Service Unit (“PSU”). If the case warrants emergency action, it will be reported to the Emergency Action Unit (“EAU”) report generally occurs within 20 calendar days of the date on the letter of investigation.
    6. Upon receipt of the initial investigative report, the case will be assigned to a prosecutor. The prosecutor must review the facts of the case for legal sufficiency. They may instruct the investigator to investigate further, obtain subpoenas for records, issue Emergency Suspensions or Restrictions, or issues an Order Compelling Examination.
    7. Investigations can last several months. At the end of the investigation, all of the evidence collected is included in the investigative file. Assuming the licensee has properly requested the right to review the investigative file, then the prosecutor will provide it and allow them opportunity to provide response within 20 days.
    8. After response, or if there is no response, the prosecutor will prepare the investigative file for submission and review by the Probable Cause Panel (“PCP”)  for the respective board.
    9. PCP is tasked with reviewing all evidence and response and assess whether there is probable cause.
    10. Is there probable cause?
      1. If the PCP determines probable cause exists, the FLDOH will file a formal administrative complaint against the licensee. The administrative complaint and evidence will become public record within 10 days of PCP determination. This means the information will be visible on the licensee’s licensure profile. The licensee will be personally served.
      2. If the PCP determines there is no probable cause, then the case is dismissed without any further action. The case will remain confidential. the licensee will be notified by mail.
      3. If the PCP determines probable cause exists but the circumstances do not warrant formal discipline, then they will dismiss the case with a letter of guidance. The letter is non-disciplinary and the case remains confidential. The licensee will be notified by mail.

Why You Need a Health Care Attorney During FLDOH Investigations

Facing an investigation by the Florida Department of Health can be intimidating and overwhelming for any health care professional. These investigations are extensive, complex, and can lead to serious professional and personal consequences, including disciplinary actions, damage to your reputation, and adverse reports to the National Practitioner Data Bank. An experienced health care attorney can provide critical guidance throughout the investigation, helping you understand your rights, properly respond to inquiries, and strategically manage communications with investigators and prosecutors. Navigating this process without expert legal support may inadvertently compromise your defense or escalate the investigation unnecessarily.

At Chapman Law Group, our attorneys have spent over three decades exclusively representing health care professionals, including those involved in investigations and disciplinary proceedings initiated by the Florida Department of Health. We have successfully defended physicians, nurses, pharmacists, and other licensed providers facing regulatory scrutiny, formal complaints, and emergency actions. Contact Chapman Law Group today to put our specialized knowledge of health care law, administrative investigations, and regulatory compliance to work in protecting your professional license and reputation.

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