Department of Health (DOH)

Burden of Proof in Administrative Cases Involving Discipline of a Health Professional’s License – Part 2

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

I am often asked about the burden of proof that must be met by the state Department of Health (DOH) in professional licensing disciplinary cases. This could be a complaint against a physician, dentists, mental health counselor, nurse, psychologist, pharmacist or anyone else. It also includes, for example, engineers, general contractors, school teachers, architects, cosmetologists, or any other professional holding a professional license in Florida. However, since we routinely represent health professionals, I will continue to concentrate on those licenses by the state DOH in this blog. Click here to read part one.

Fifth Amendment Protection Against Self-Incrimination Applies.

Because potential license revocation proceedings are penal in nature, a respondent or license holder in such an investigation or administrative hearing has the right to remain […]

By The Health Law Firm|2024-03-14T10:00:43-04:00June 1, 2018|Categories: Administrative law, Licensing issues, The Health Law Firm Blog|Tags: administrative discipline cases, administrative law, administrative licensure case, administrative penalties, burden of proof, civil case, defense attorney, defense lawyer, dentist complaint, Department of Health (DOH), Florida health law attorney, Florida health law lawyer, licensing disciplinary cases, mental health counselor complaint, nurse complaint, penal statues, pharmacist complaint, physician complaint, preponderance of evidence, professional licensing, psychologist complaint, right to practice|Comments Off

Appealing Final Orders and Emergency Suspension Orders (ESOs)

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 as a parent corporation which owns many subsidiary corporations.

Administrative Procedures Governing Investigations and Disciplinary Actions

All agency actions, especially disciplinary actions and investigations, are governed by the Florida […]

By The Health Law Firm|2024-03-14T10:01:04-04:00May 15, 2018|Categories: Administrative Complaints, Administrative Hearing, Board of Nursing, Defense, Department of Health, Emergency Suspension Order, Nurse License|Tags: administrative procedures, agency actions, Agency for Health Care Administration (AHCA), appeal, appellate law, Department of Health (DOH), disciplinary actions, emergency suspension orders (ESO), expedited hearing, Florida Board of Nursing, grounds for appeal, impaired provider programs, Intervention Project for Nurses (IPN), investigations, license defense insurance, motion for reconsideration, motion to amend, nondisciplinary citations, nursing liability insurance, Professionals Resource Network (PRN)|Comments Off

Suspended Florida Massage Therapists are Being Asked to Voluntarily Relinquish Their Licenses

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

On September 19, 2012, Florida state authorities announced the suspension of more than 80 massage therapists’ licenses. They are accused of fraudulently obtaining their licenses based on fake documentation obtained from a staff member at the Florida College of Natural Health, in Pompano Beach, Florida. On September 20, 2012, one massage therapist, whose license was suspended, spoke to the Sun Sentinel saying she had legitimately completed all of the requirements to obtain a license and is now being asked by the Department of Health (DOH) to voluntarily relinquish her license.

Click here to read the original blog post on the suspension of 81 massage therapists’ licenses.

Alleged “Rogue” […]

By The Health Law Firm|2024-03-14T10:01:46-04:00May 15, 2018|Categories: Department of Health Investigation, Emergency Suspension Orders, Florida Board of Massage Therapy, Massage Therapy, Massage Therapy License|Tags: administrative charges, administrative complaint, advanced therapy, back pain investigation, defense attorney, Department of Health (DOH), DOH investigation, emergency suspension order (ESO), fake massage therapist, Florida Board of Massage Therapy, Florida College of Natural Health, formal hearing, human trafficking, Informal hearing, license investigation, licensed massage therapist, licensure defense coverage, massage therapist, Massage therapy, massage therapy defense, neck pain investigation, neuromuscular therapy, physical therapy, rehabilitation investigation, shoulder surgery investigation, sports medicine therapy, trigger point therapy|1 Comment

Filling Phony Prescriptions for Pain Killers Lands Orlando Pharmacist Behind Bars

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

Another pharmacist was led away in handcuffs during a September 25, 2012, raid on an Orlando-area pharmacy, according to a number of sources. The pharmacist is accused of filling prescriptions for oxycodone, even though he allegedly knew the prescriptions were not legitimate.

Click here to see video of the arrest from WFTV in Orlando.

Investigation by Narcotics Agents Led to Arrest.

In December 2011, narcotics agents searched the same pharmacy and found 22 prescriptions that were suspected to be fraudulent, according to the Orlando Sentinel.

Agents believed the prescriptions were fakes because they apparently matched phony prescriptions found at other local pharmacies. The prescriptions had the same patient names, and the telephone number listed on the […]

By The Health Law Firm|2024-03-14T10:01:05-04:00May 15, 2018|Categories: Legal Defense for Pharmacists, Pain Management, Pharmacist, Pharmacy, Pharmacy Law|Tags: controlled substances, DEA investigation, Department of Health (DOH), doctor, DOH investigation, Drug Enforcement Agency (DEA), emergency suspension order, Florida prescription drug abuse, Florida prescription drug crackdown, nurse, overprescribing, pain clinics, pain management, pharmacies, pharmacist, pharmacist license, physician, pill mill, pill mill laws, prescription drug trafficking|Comments Off

The Collateral Effects of Voluntary Relinquishment with Investigation Pending or other Discipline on Your Massage Therapy License

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

Many massage therapists are unaware of the drastic long-term effects that discipline on their massage therapist license could have. This includes submitting a voluntary relinquishment of the massage therapist’s license while there is an investigation pending or while there are charges pending. Although this particular article is being prepared specifically for massage therapists, similar principles apply to physicians, nurses, pharmacists, psychologists, dentists, mental health counselors and other licensed health professionals.

A voluntary relinquishment of the license after notice of the opening of an investigation or while a charge is pending is treated the same as a disciplinary revocation of the license. It is reported out the same and is treated the same. In some cases it may even be worse, if the agreement […]

By The Health Law Firm|2024-03-14T10:01:46-04:00May 15, 2018|Categories: Department of Health Investigation, Emergency Suspension Orders, Florida Board of Massage Therapy, Massage Therapy, Massage Therapy License|Tags: administrative charges, administrative complaint, advanced therapy, back pain investigation, defense attorney, dentists, Department of Health (DOH), DOH investigation, election of rights (EOR), emergency suspension order (ESO), fake massage therapist, Florida Board of Massage Therapy, Florida College of Natural Health, formal hearing, human trafficking, Informal hearing, license investigation, licensed health professionals, licensed massage therapist, licensure defense coverage, massage therapist, Massage therapy, massage therapy defense, mental health counselors, neck pain investigation, neuromuscular therapy, nurses, pharmacists, physical therapy, physicians, psychologists, rehabilitation investigation, shoulder surgery investigation, sports medicine therapy, trigger point therapy|Comments Off

More Than 7,000 Patients of Oklahoma Dentist Are Being Asked to Get Tested for HIV and Hepatitis

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

The unsanitary practices of an Oklahoma dentist may have exposed more than 7,000 patients to HIV and hepatitis, according to a number of media sources and the Oklahoma Department of Health (DOH). Currently officials with the Oklahoma DOH are contacting all of the dentist’s patients since 2007, and urging them to get tested for blood-borne diseases. Since the news broke on March 28, 2013, the dentist has voluntarily closed his two offices and surrendered his dental license for 30 days.

Click here to read a copy of the letter from Oklahoma DOH warning the dentist’s patients to get tested.

We want to point out that these […]

By The Health Law Firm|2024-03-14T10:01:07-04:00May 15, 2018|Categories: Board of Dentistry, Dental Law, Dentist Defense attorney, Dentistry Law, Dentists|Tags: administrative complaints, administrative law, attorney administrative law, attorney for dentists, Board of Dentistry, Centers for Disease Control and Prevention (CDC), common deficiencies in inspections, defense attorney, defense lawyer, dental practice, dentist, dentistry, Department of Health (DOH), Drug Enforcement Administration (DEA), Food and Drug Administration (FDA), H.I.V., health and safety violations, health investigation, health law attorney, health lawyer, health officials, hepatitis B, hepatitis C, infection control guidelines, lawyer for dentists, legal defense for administrative complaints, license revoked, Oklahoma DOH, oral surgeon, State Board of Dentistry in Oklahoma City, surrendered dental license, voluntarily surrendered license|1 Comment

Florida Board of Massage Therapy Revokes More Licenses

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

The Florida Department of Health (DOH) Board of Massage Therapy met in Sunrise, Florida, on January 24 and 25, 2013. During the meeting the Board held disciplinary hearings to determine, among other matters, the fate of a number of Florida massage therapists. Many of these massage therapists were accused of obtaining their licenses to practice through a transcript-buying scandal centered on the Florida College of Natural Health.

The Health Law Firm had one of its attorneys present at this Board of Massage Therapy meeting to get first-hand information on what was going on.

You may remember back in September 2012, the Florida Surgeon General announced that he had signed 161 emergency suspension orders (ESOs) for massage […]

By The Health Law Firm|2024-03-14T10:01:47-04:00May 15, 2018|Categories: Department of Health Investigation, Emergency Suspension Orders, Florida Board of Massage Therapy, Massage Therapy, Massage Therapy License|Tags: administrative charges, administrative complaint, advanced therapy, ASM Beauty World Academy Inc. Florida Board of Massage Therapy, back pain investigation, defense attorney, defense lawyer, Department of Health (DOH), DOH investigation, emergency suspension order (ESO), fake massage therapist, Florida College of Natural Health, formal hearing, human trafficking, Informal hearing, license investigation, licensed massage therapist, licensure defense coverage, massage therapist, Massage therapy, massage therapy defense, neck pain investigation, neuromuscular therapy, physical therapy, professional liability insurance, rehabilitation investigation, shoulder surgery investigation, sports medicine therapy, trigger point therapy|9 Comments

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 inspection. According to an article on Health News Florida, rodent feces, dead bugs and a sink full of dirty water were discovered. A film of powder covered surfaces in the […]

By The Health Law Firm|2024-03-14T10:01:07-04:00May 15, 2018|Categories: Compounding pharmacy, Department of Health, Florida Board of Pharmacy, Legal Defense for Pharmacists, Pharmacist, Pharmacy|Tags: Board of Pharmacy, Centers for Disease Control and Prevention (CDC), compounding, defense attorney, defense lawyer, Department of Health (DOH), DOH hearing, DOH hearing attorney, Drug Enforcement Administration (DEA) attorney, drug recall, Florida compounding pharmacy, licensing issues, meningitis, meningitis outbreak, meningitis outbreak Florida, pharmacist, pharmacy, pharmacy attorney, pharmacy investigation, pharmacy lawyer, product recall, U.S. Food and Drug Administration (FDA)|Comments Off

Massage Therapists (LMTs) and Massage Therapy Assistants: What You Don’t Know About Legal Matters Can Hurt You

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

The attorneys of The Health Law Firm represent Licensed Massage Therapists (LMTs) and Massage Therapy Assistants in a number of different legal matters. We appear before the Board of Massage Therapy. We represent massage therapists and massage therapy assistants in disciplinary matters, in credential matters, in licensing matters and in defending against malpractice claims and suits.

If you receive a letter from the Department of Health (DOH) notifying you that you are being investigated, this is a very serious matter. Get an attorney who is experienced in such matters. If you do receive a letter from the DOH, finding correct information regarding the next steps in the process is vital. Read on the learn more, and hopefully help you fight to keep your license.

Here is what […]

By The Health Law Firm|2024-03-14T10:01:47-04:00May 15, 2018|Categories: Department of Health Investigation, Florida Board of Massage Therapy, Massage Therapy|Tags: administrative charges, administrative complaint, advanced therapy, defense attorney, defense lawyer, Department of Health (DOH), DOH investigation, emergency suspension order (ESO), fake massage therapist, Florida Board of Massage Therapy, Florida College of Natural Health, formal hearing, Informal hearing, license investigation, licensed massage therapist, licensure defense coverage, malpractice insurance, massage therapist, Massage therapy, massage therapy assistant, massage therapy defense, neck pain investigation, neuromuscular therapy, physical therapy, professional liability insurance, rehabilitation investigation, shoulder surgery investigation, sports medicine therapy, the health law firm, trigger point therapy|1 Comment

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

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 throughout Central Florida, including a CVS and a Walgreens. While working at one of the pharmacies, he allegedly gave a customer the incorrect medication, causing that person to suffer a […]

By The Health Law Firm|2024-03-14T10:01:08-04:00May 15, 2018|Categories: Department of Health, Florida Board of Pharmacy, Legal Defense for Pharmacists, Pharmacist, Pharmacy, Pharmacy Law|Tags: criminal charges, DEA investigation, DEA number, defense attorney, defense lawyer, Department of Health (DOH), DOH investigation, Drug Enforcement Administration (DEA), identity theft, investigation, legal defense for pharmacists, legal representation for pharmacists, license revoked, pharmacies, pharmacy investigation, quality assurance|Comments Off

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Burden of Proof in Administrative Cases Involving Discipline of a Health Professional’s License – Part 2

Appealing Final Orders and Emergency Suspension Orders (ESOs)

Suspended Florida Massage Therapists are Being Asked to Voluntarily Relinquish Their Licenses

Filling Phony Prescriptions for Pain Killers Lands Orlando Pharmacist Behind Bars

The Collateral Effects of Voluntary Relinquishment with Investigation Pending or other Discipline on Your Massage Therapy License

More Than 7,000 Patients of Oklahoma Dentist Are Being Asked to Get Tested for HIV and Hepatitis

Florida Board of Massage Therapy Revokes More Licenses

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

Massage Therapists (LMTs) and Massage Therapy Assistants: What You Don’t Know About Legal Matters Can Hurt You

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