administrative complaint | The Health Law Firm Blog

In Florida You Have Fifth Amendment Rights in a Department of Health Investigation of Your License

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 are not 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. However, because the Miranda decision does not apply to administrative proceedings, including licensure investigations, the DOH investigator does not have to inform you of this.

In some states other than Florida, the state’s law is such that a nurse, physician, dentist or other licensed health care professional is required to “cooperate” with the investigation, even though […]

By The Health Law Firm|2024-03-14T10:00:30-04:00June 1, 2018|Categories: Department of Health, The Health Law Firm Blog|Tags: administrative complaint, Administrative Hearing, administrative licensure investigation, Agency for Health Care Administration (AHCA) surveyors, arnp, board licensing complaint, Board of Dentistry, Board of Massage Therapy, board of medicine, Board of Mental Health Counseling, Board of Nursing, Board of Psychology, crna, department of health, doh, Drug Enforcement Administration (DEA) agents, FBI agents, investigation, investigator, L.P.N., licensure defense, Medicaid Fraud Control Unit (MFCU) investigators, OIG special agents, R.N.|Comments Off

Agency Attorney Prosecuting Case Should Not Also Be in Position of Advising The Agency; Possible Bias Denies Due Process

McAlpin appealed an order of the Criminal Justice Standards and Training Commission (“Commission”) suspending his law enforcement certification for eighteen months. The Commission filed an administrative complaint alleging misconduct during the course of a criminal investigation. A formal administrative hearing was held and a recommended order was issued.

At the Commission hearing to consider the recommended order, the attorney who prosecuted the case against McAlpin was present and offered advice to the Commission. The Commission’s staff had prepared a memorandum to the Commission recommending an increase in the recommended penalty to revocation of McAlpin’s license. It was not clear who prepared the staff memorandum. However, it was clear the prosecuting attorney had prepared exceptions to the recommended order for the agency.

On appeal, the court reversed and remanded for a new Commission hearing. While the Commission did not ultimately adopt the agency’s recommendation of an increased penalty, the court held that the […]

By The Health Law Firm|2024-03-14T10:00:54-04:00June 1, 2018|Categories: Administrative law, Appeal, The Health Law Firm Blog|Tags: administrative complaint, Administrative Hearing, administrative law, attorney, attorney prosecuting case, criminal justice standards, due process, lawyer, revocation, revocation of license, suspended certification, training commission|Comments Off

Florida Board of Nursing Formal Administrative Hearings and Administrative Complaints

Formal administrative hearings are one of the options provided to a person who has significant interests that will be affected by agency action and who contests the material facts involved in the case. In the practice of nursing, we are usually discussing a hearing involving the professional license of the nurse. In many cases this will be a notice of intent to deny a license application; however, in most cases, it will be based on an administrative complaint filed against the nurse charging the nurse with a violation of the Nurse Practice Act or other misconduct.

The administrative complaint will usually be accompanied by an election of rights (EOR) form. Here is an example of an Election of Rights form.

It is extremely important that the EOR is filed (actually received) at the Department of Health within the time specified in it. We recommend that you telefax it in (keeping a […]

By The Health Law Firm|2024-03-14T10:01:54-04:00May 15, 2018|Categories: Administrative Complaints, Administrative Hearing, Board of Nursing|Tags: administrative complaint, administrative hearing, board of nursing, election of rights, settlement agreement|Comments Off

How to Prepare for an Informal Hearing Before the Florida Board of Pharmacy

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

If you are scheduled to appear for an informal hearing before the Florida Board of Pharmacy, there are a number of facts that you will want to know in order to be properly prepared. This article will cover many of them.

Limited Circumstances for Informal Administrative Hearing.

First, you should understand that you will only be at an informal hearing in which you appear before the Board of Pharmacy itself for a very limited number of reasons. These will include the following:

1. If you completed an election of rights (EOR) form and agreed that you did not intend to dispute any material facts alleged against you from the administrative complaint (AC) in the case.

2. […]

By The Health Law Firm|2024-03-14T10:01:38-04:00May 15, 2018|Categories: Florida Board of Pharmacy, Pharmacy Law|Tags: administrative charges, administrative complaint, Administrative Hearing, Department of Health (DOH) Investigation, disciplinary action, disputed issues of material fact, election of rights (EOR) form, final order, formal administrative hearing, Informal hearing, mitigating factors, pharmacist, pharmacy, Professionals Resource Network (PRN), settlement agreement|Comments Off

Preparing for an Informal Hearing Before the Board of Nursing

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

If you are scheduled to appear for an informal hearing before the Florida Board of Nursing, there are a number of facts that you will want to know in order to be properly prepared. This article will cover many of them.

Limited Circumstances for Informal Administrative Hearing

First, you should understand that you will only be at an informal hearing in which you appear before the Board of Nursing itself for a very limited number of reasons. These will include the following:

If you completed an election of rights (EOR) form and agreed that you did not intend to dispute any material facts alleged against you from the administrative complaint (AC) in the case.
If you entered into a settlement agreement (or “stipulation”) (similar to a plea bargain in a criminal case) in which you agreed to accept discipline […]

By The Health Law Firm|2024-03-14T10:01:54-04:00May 15, 2018|Categories: Administrative Complaints, Administrative Hearing, Board of Nursing, Defense, Department of Health|Tags: administrative charges, administrative complaint, administrative hearing, certified registered nurse anesthetists (CRNA), Department of Health (DOH) Investigation, disciplinary action, disputed issues of material fact, election of rights (EOR) form, final order, Florida Board of Nursing, formal administrative hearing, Informal hearing, mitigating factors, nurse practitioners, nurses, settlement agreement|Comments Off

Finding a Healthcare Providers Service Organization (HPSO) Insurance Defense Lawyer

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

We are sometimes told by the health professionals we represent especially pharmacists, licensed mental health counselors (LMHCs), advanced registered nurse practitioners (ARNPs), massage therapists and physical therapists that after they received a complaint regarding their license from the Florida Department of Health (DOH) they had difficulty finding an experienced attorney in Florida who would accept their professional liability insurance. In this case, I am speaking specifically about Healthcare Providers Service Organization (HPSO) Insurance.

Benefits of HPSO Insurance.

The professionals who are covered by HPSO Insurance have excellent insurance coverage. HPSO Insurance provides professional liability coverage that protects in the event of a lawsuit or negligence claim. But much more often the professional receives a notice of an investigation, a subpoena […]

By The Health Law Firm|2024-03-14T10:01:39-04:00May 15, 2018|Categories: Insurance, Legal Defense for Pharmacists, Pharmacist, Pharmacy, Pharmacy Law|Tags: administrative attorney, administrative complaint, administrative hearings, administrative lawyer, Agency for Health Care Administration (AHCA) investigation, AHCA complaint, defense attorney, defense lawyer, DOH investigation, experienced health attorney Florida, experienced health lawyer Florida, Florida defense attorney, Florida defense lawyer, Florida Department of Health (DOH), Florida license defense, health facilities, health professionals, Healthcare Providers Service Organization (HPSO) Insurance, pharmacist, pharmacy, professional liability insurance|Comments Off

Advice for Nurses Regarding Department of Health Investigations

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

We see and hear about a lot of incorrect legal advice being given to nurses regarding what they should do if they are being investigated.

The incorrect advice being given even includes mailings they may have received containing a brochure “What Every Nurse Needs to Know” published by the National Council of State Boards of Nursing. It gives advice in response to the question: “What should you do if you are the subject of a complaint?” It advises the nurse to contact the Board of Nursing (BON) immediately in such an event and states that the complaint will be handled in a “fair and appropriate matter.” It advises that a BON representative will describe the investigation process and answer any questions that you may have about an investigation if a complaint is filed against you.

This […]

By The Health Law Firm|2024-03-14T10:01:54-04:00May 15, 2018|Categories: Administrative Complaints, Administrative Hearing, Board of Nursing, CRNA, Defense, Department of Health, Discipline, Insurance, Malpractice|Tags: administrative charges, administrative complaint, attorney, certified registered nurse anesthetists (CRNA), Department of Health (DOH) Investigation, disciplinary action, Florida Board of Nursing, investigator, legal defense, malpractice insurance, nurse practitioners, nurses, nursing insurance, nursing license|Comments Off

Florida Board of Dentistry Warns About Responding to or Consulting with Individuals Over Internet About Dental Issues

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

At the Florida Board of Dentistry meeting held on November 15, 2013, one of the committee chairs discussed an issue that has arisen nationally that is causing dentists legal problems. The issue arises when individuals contact a dentist over the internet seeking “information” on a dental condition or problem, and possible actions or procedures that can resolve these issues.

The concern with this is that the dentist may actually be diagnosing a dental condition or problem the individual has. The bigger concern is that if the individual contacting the dentist for information is in a different state from the one in which the dentist is licensed. Then the dentist is actually practicing dentistry in the state in which the individual is located.

In this blog I will […]

By The Health Law Firm|2024-03-14T10:01:43-04:00May 15, 2018|Categories: Board of Dentistry, Dentist Defense attorney, Dentists, Insurance, Licensure matters|Tags: administrative complaint, Board of Dentistry, broad form coverage, complaint against dentists, criminal charges, criminal charges against dentists, defense attorney, defense lawyer, dental malpractice insurance, dentist, dentist attorney, dentist lawyer, dentist license, dentistry, disciplinary action, disciplinary action against dentists, Florida Board of Dentistry, health law firm, legal issues for dentists, legal problems for dentists, practicing dentistry, professional liability insurance, Telemedicine, the health law firm, unlicensed practice of dentistry|Comments Off

Nursing Professionals Cannot Afford to Not Carry Nursing Malpractice Insurance

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

Nurses: Please Protect Yourself With Professional Liability Insurance.

I am writing to strongly encourage you to purchase nursing professional liability insurance that covers you for complaints and investigations initiated against you and your nursing license.

I am not affiliated with any insurance company. I am not receiving any commission, fee or reimbursement for writing this article. My concern lies in the many, many nurses who contact our firm with Emergency Suspension Orders, Notices of Investigation, Administrative Complaints and Final Orders from the Department of Health, Board of Nursing, who do not have the funds to hire an attorney to defend themselves.

Employers Generally Do NOT Provide Legal Defense.

Many nurses mistakenly believe that their employer insures them for these types of events or that their employer will provide a legal defense. In the vast majority of cases, this […]

By The Health Law Firm|2024-03-14T10:01:54-04:00May 15, 2018|Categories: Insurance, Malpractice|Tags: administrative charges, administrative complaint, attorney, certified registered nurse anesthetists (CRNA), Department of Health (DOH) Investigation, disciplinary action, Florida Board of Nursing, investigator, legal defense, malpractice insurance, nurse practitioners, nurses, nursing insurance, nursing license|Comments Off

Preparing for an Informal Hearing Before the Florida Board of Dentistry

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

If you are scheduled to appear for an informal hearing before the Florida Board of Dentistry, there are a number of facts that you will want to know in order to be properly prepared. This article will cover many of them.

Limited Circumstances for Informal Administrative Hearing.

First, you should understand that you will only be at an informal hearing in which you appear before the Board of Denstistry itself for a very limited number of reasons. These will include the following:

1. If you completed an election of rights (EOR) form and agreed that you did not intend to dispute any material facts alleged against you from the administrative complaint (AC) in the case.

2. If you entered into a settlement agreement (or “stipulation”) (similar to a plea bargain […]