Case Result: Nurse Vindicated After OB/GYN Accused Her of Being a Drug Addict, Dealer
Our Florida nursing licensing attorneys used E-FORCSE records, drug test results to prove surgeon maliciously reported the nurse to the DOH.
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.
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.
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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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.