May 2018

Appealing Final Orders and Emergency Suspension Orders (ESOs)

By |2024-03-14T10:01:04-04:00May 15, 2018|Administrative Complaints, Administrative Hearing, Board of Nursing, Defense, Department of Health, Emergency Suspension Order, Nurse License|

by George F. Indest III, J.D., M.P.A., LL.M.
Board Certified by The Florida Bar in Health Law

George F. Indest III, Board Certified by The Florida Bar in Health Law

The professional boards for licensed health professionals in Florida, such as the Board of Nursing, are all under the Florida Department of Health (DOH).  Each board is responsible for disciplinary actions and other matters regulating the professions under its authority.  The investigators and attorneys assigned for Board of Nursing matters all work for or are assigned to the DOH.  The Florida DOH is headed up by the Florida Surgeon General.  I think of the DOH as the umbrella agency over the professional boards or […]

Please, Please, Please Do NOT Talk to the Department of Health (DOH) Investigator

By |2024-03-14T10:01:54-04:00May 15, 2018|Board of Nursing, Defense, Department of Health, Nurse License|

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Whether you are a nurse, physician, pharmacist or dentist, I beseech you: please do not talk to a Department of Health (DOH) investigator until you have talked to a health lawyer who is experienced with DOH investigations and board licensing complaints.  Do not answer or respond to even the most basic questions about where you work now, what your address is or if you know patient x, until consulting with counsel.

Admitting to the Simplest Facts May Harm You.

We are routinely consulted by nursing professionals and other healthcare providers for representation after they have discussed […]

Florida Department of Health (DOH) Shuts Down Boca Raton Compounding Pharmacy

By |2024-03-14T10:01:07-04:00May 15, 2018|Compounding pharmacy, Department of Health, Florida Board of Pharmacy, Legal Defense for Pharmacists, Pharmacist, Pharmacy|

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On October 26, 2012, the Florida Department of Health (DOH) issued an emergency suspension order (ESO) against a Boca Raton compounding pharmacy, according to a number of sources. The DOH in a press release called the conditions in the pharmacy so “deplorable” that nothing short of immediately shutting down the pharmacy would suffice.

Click here to read the press release from the DOH.

State Inspector Finds Feces, Bugs and Much More in Compounding Pharmacy.

On October 12, 2012, a state inspector arrived at the Boca Raton compounding pharmacy for an […]

Nurse: Please, Please, Please: Talk to an Attorney Before You Talk to an Investigator

By |2024-03-14T10:01:55-04:00May 15, 2018|Administrative Complaints, Board of Nursing, Department of Health, Discipline, Nurse License|

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

In Florida, You DO NOT Have to Speak to an Investigator!

Despite mailing out hundreds of thousands of postcards and letters to physicians, nurses, dentists, pharmacists, and psychologists  throughout Florida, we continue to receive calls from new clients and from potential clients, after they have already spoken to and made critical harmful admissions against their own interests to investigators.  In Florida, you do not have any duty to cooperate with any investigator who is investigating you.  This extends to Department of Health (DOH) investigators (who are sometimes titled “Medical Quality Assurance Investigators” or “Medical Malpractice Investigators”), Drug Enforcement Administration (DEA) special agents, police officers, sheriff’s […]

Adverse Consequences of Discipline Against Your Nursing License

By |2024-03-14T10:01:07-04:00May 15, 2018|Department of Health, Discipline, Nurse License|

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

If the Florida Department of Health (DOH) takes discipline against your Florida nursing license, this will have many significant consequences.

Investigation and Discipline of Other State Licenses.

The discipline will be reported to every other state in which you have a license and similar investigations will be opened by those states.

Many states also have laws similar to those of Florida which require you to report discipline yourself to the other state in which you are licensed. Sometimes this is very short, 15 or 30 days, for example. Check the other state’s laws to be sure.

Discipline Against […]

Nurses: Did You Know You Have Fifth Amendment Rights in a Florida Department of Health Investigation Involving Your License?

By |2024-03-14T10:01:55-04:00May 15, 2018|Administrative Complaints, Department of Health|

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

If you are contacted by a Florida Department of Health investigator, did you know that you cannot be required to make a statement or give any information that can be used against you? If you are being investigated you have a right to refuse to speak with an investigator pursuant to the Fifth Amendment of the U.S. Constitution and the equivalent rights given by the Florida Constitution, Article 1, Section 9. Unfortunately, because the Miranda decision does not apply to administrative proceedings, including licensure investigations, the DOH investigator does not have to inform […]

Phony Pharmacist Gets Prison Time for Working at Pharmacies in Central Florida

By |2024-03-14T10:01:08-04:00May 15, 2018|Department of Health, Florida Board of Pharmacy, Legal Defense for Pharmacists, Pharmacist, Pharmacy, Pharmacy Law|

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On November 2, 2012, a former Altamonte Springs resident was sentenced to three and a half years in federal prison for fraudulently working as a Central Florida pharmacist from 2000 to 2009, according to the Department of Justice (DOJ).

Click here to read the press release from the DOJ.

I previously blogged about this story when the fake pharmacist pleaded guilty. Click here to read that blog.

Man Allegedly Worked at a CVS and Walgreens in Central Florida.

According to an article in the Orlando Sentinel, the man worked at pharmacies […]

Florida HB 0653 Signed Into Law; Effective 2/1/2012

By |2024-03-14T10:01:55-04:00May 15, 2018|Board of Nursing, Department of Health, Nurse License|

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

The Florida Legislature unanimously passed HB 653 which relaxes some of the draconian exclusions enacted under SB 1986, which went into effect on July 1, 2009. SB 1986, which added provisions to Chapter 456, Florida Statutes, among others, prevented numerous healthcare providers from obtaining or renewing licenses based on prior criminal convictions, which could have occurred decades earlier.

HB 653 has been passed unanimously by the Florida Legislature and has been signed by the Governor to be effective July 1, 2012. It has been signed into law as Chapter 2012-64, Florida Laws and amends Section 456.0635(5), Florida Statutes (2012).

Under HB 653, the professional […]

Nurse: Please Talk to an Attorney Before You Talk to an Investigator

By |2024-03-14T10:01:08-04:00May 15, 2018|Board of Nursing, Department of Health, Nurse License|

By Lance Leider, J.D.

In Florida, You DO NOT Have to Speak to an Investigator!

Despite mailing out hundreds of thousands of postcards and letters to nurses throughout Florida, we continue to receive calls from new clients and from potential clients, after they have already spoken to and made critical harmful admissions against their own interests to investigators. In Florida, you do not have any duty to cooperate with any investigator who is investigating you. This extends to Department of Health (DOH) investigators (who are sometimes titled “Medical Quality Assurance Investigators” or “Medical Malpractice Investigators”), Drug Enforcement Administration (DEA) special agents, police officers, sheriff’s deputies, or criminal investigators of any […]

The 27 Biggest Mistakes Nurses Make in Department of Health Investigations

By |2024-03-14T10:01:55-04:00May 15, 2018|Department of Health|

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Following are the 27 biggest mistakes that we have seen nurses make over and over again that cause them the worst trouble in DOH investigations.

1. Failing to keep a current, valid address on file with the DOH (as required by law), which may seriously delay the receipt of the Uniform Complaint (notice of investigation), letters, and other important correspondence related to the investigation.

2. Contacting the DOH investigator and providing him/her an oral statement or oral
interview. (Note: There is no legal requirement to do this.)

3. Making a written statement in response to the “invitation” extended […]

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