doh | The Health Law Firm Blog

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

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 deputies, or criminal investigators of any type.

Investigators are NOT on Your Side.

Let me state this as succinctly and clearly as possible. If you are being investigated, you will not be […]

By The Health Law Firm|2024-03-14T10:01:55-04:00May 15, 2018|Categories: Administrative Complaints, Board of Nursing, Department of Health, Discipline, Nurse License|Tags: criminal charges, dea, DEA investigation, DEA number, dentist, doh, FBI, investigation, license revoked, Medicaid investigation, medical license, Medicare investigation, nurse, nursing license, pharmacist, physician, psychologist, quality assurance|Comments Off

Debary Dentist Served with Emergency Suspension Order for Allegedly Inhaling Laughing Gas

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

A Debary, Florida, dentist has been served with an emergency suspension order (ESO) by the Florida Department of Health (DOH) for allegedly inhaling nitrous oxide or laughing gas in front of patients. The administrative complaint filed against the dentist on November 2, 2012, by the Florida DOH stated a department-approved evaluator deemed the dentist unfit to practice dentistry and was recommended to undergo residential treatment.

Click here to read the full administrative complaint against the dentist.

We want to point out that these are just allegations made against the dentist at this point in time and have not been proven by the state.

Dentist Allegedly Did Not Finish Rehabilitation.

In June 2012, the Florida DOH ordered the dentist to be treated for alcohol and inhalant dependence. […]

By The Health Law Firm|2024-03-14T10:01:05-04:00May 15, 2018|Categories: Board of Dentistry, Dental Law, Dentist Defense attorney, Dentistry Law, Dentists|Tags: D.D.S., defense attorney, defense lawyer, dentist defense, dentist investigation, dentists, department of health, Division of Administrative Hearings (DOAH), doh, DOH investigation, emergency suspension order, family dentist investigation, formal hearing, health law, license revoked, pediatric dentist investigation, quality assurance|2 Comments

Nurses: Did You Know You Have Fifth Amendment Rights in a Florida Department of Health Investigation Involving 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 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 you of this.

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

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

Cancer Patients Must Provide DOH Approval for Seizures and Muscle Spasms, or May Be Unqualified for Low-THC Medical Marijuana

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

Barnhart v. Dep’t of Health, Div. Admin. Hearings, Case No. 15-1271RP (Final Order April 10, 2015).

Following is a summary of a recent Division of Administrative Hearings case summary, taken from The Florida Bar Administrative Law Section Newsletter, Vol. 36, No. 4 (June 2015).

FACTS: On February 6, 2015, the Department of Health (“DOH”) published a notice of proposed rule-making setting forth the text of six proposed rules to implement the Compassionate Medical Cannabis Act of 2014 (“the Act”). The Act provides in part that certain physicians treating patients suffering from cancer or a condition that chronically produces seizures or severe muscle spasms may order low-THC cannabis for those patients’ treatment.

The Petitioner filed a Petition asserting that one of the proposed rules (64-4.002) is an invalid exercise of […]

By The Health Law Firm|2024-03-14T10:01:06-04:00May 15, 2018|Categories: Marijuana Law Blog, Medical Marijuana|Tags: Administrative Hearing, administrative law judge, ALJ, brain tumor, cancer, cancer patients, cannabis, Compassionate Medical Cannabis Act, defense attorney, department of health, doh, florida, Florida marijuana, Florida medical marijuana, health attorney, health care attorney, health care lawyer, health conditions, health investigation, health law, license, marijuana, marijuana defense attorney, marijuana law, medical cannabis, medical license, medical marijuana law, medical marijuana lawyer, medical marijuana license, medical THC, Office of Compassionate Use, petition for rule challenge, petitions, physicians, recreational cannabis, recreational marijuana, THC|Comments Off

South Florida Man Pleads Guilty to Fraudulently Working as a Pharmacist

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

On July 24, 2012, a 49-year-old man from Ruskin in South Fla., pleaded guilty in federal court to fraudulently working as a Central Florida pharmacist from 2000 to 2009, according to the Department of Justice (DOJ) in a press release.

Fake Pharmacist was Working at Central Florida Pharmacies.

Prosecutors said this man worked at pharmacies throughout Central Florida, including CVS pharmacy and Walgreens. According to the Orlando Sentinel, while working at one of the pharmacies, he gave a customer the incorrect medication, causing that person to suffer a severe reaction and stroke.

Alleged Identity Theft to Obtain Pharmacist License.

Allegedly, the man fraudulently obtained a pharmacist license in September of 2000 from the State Department of Health (DOH) by using the […]

By The Health Law Firm|2024-03-14T10:01:38-04:00May 15, 2018|Categories: Legal Defense for Pharmacists, Pharmacist, Pharmacy, Pharmacy Law|Tags: criminal charges, dea, DEA investigation, DEA number, department of health, Department of Justice, doh, DOJ, FBI, identity theft, investigation, legal defense for pharmacists, legal representation for pharmacists, license revoked, pharmacies, pharmacy investigation, quality assurance|Comments Off

The 27 Biggest Mistakes Nurses Make in 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

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 by the DOH
investigator to do so. (Note: There is no legal requirement to do this.)

4. Failing to carefully review the complaint to make sure it has been sent to the […]

By The Health Law Firm|2024-03-14T10:01:55-04:00May 15, 2018|Categories: Department of Health|Tags: administrative complaint, administrative hearing, board of nursing, defense attorneys, disciplinary action, doh, emergency suspension order, ESO, investigation, lawyers, legal representation, nurse, nurse license investigation, nurses, nursing license, voluntary relinquishment|Comments Off

Adverse Consequences of Discipline Against Your Nursing 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 Other Types of Licenses.

If you have other types of health professional licenses, such as a massage therapist (LMT) license, emergency medical technician (EMT) license, mental health counselor license (LMHC), advance […]

By The Health Law Firm|2024-03-14T10:01:07-04:00May 15, 2018|Categories: Department of Health, Discipline, Nurse License|Tags: attorney for nurses, board of nursing, doh, DOH investigation, DOH letter, drug screen, Florida license, ipn, legal defense for nurses, license, national practitioner data bank, npdb, nurse, nurses, nursing, nursing malpractice insurance, pre-employment drug screen, urinalysis|Comments Off

Central Florida Doctor’s Home and Offices Raided Over Alleged Improper Prescribing Practices

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

In a joint operation, law enforcement officials raided the home and two offices of a Central Florida physician on November 8, 2013, according to the Osceola County Sheriff’s Office. The Osceola County Sheriff’s Office alleges that the doctor is being investigated for improper prescribing practices. According to the press release, this is not the first time the physician has been under investigation.

The raid was a collective effort between the Osceola County Investigative Bureau (OCIB), Florida Department of Health (DOH), Drug Enforcement Administration (DEA), Florida Department of Law Enforcement (FDLE), and the Metropolitan Bureau of Investigation (MBI).

Physician Not Arrested After Raid.

On November 8, 2013, law enforcement agents searched the physician’s home and his offices in Kissimmee, Florida and Orlando, Florida. The Florida DOH also issued […]

By The Health Law Firm|2024-03-14T10:01:40-04:00May 15, 2018|Categories: Pain Management, Pharmacy Law, Pharmacy Law Blog|Tags: blacklist, blacklisted, controlled substance licenses, controlled substances, CVS, CVS pharmacy, dea, DEA investigation, DEA raid, defense attorney, defense lawyer, department of health, doctor, doh, drug enforcement administration, emergency suspension order, ESO, fdle, Florida Department of Law Enforcement, health law firm, healthcare providers, hearings, improper prescribing practices, investigation, Metropolitan Bureau of Investigation (MBI), OCIB, Osceola County Investigative Bureau, over-prescribing, painkiller, physician, physician attorney, physician lawyer, physicians, prescribing practices, prescription drug trafficking, prescription painkiller, raid, the health law firm|Comments Off

Florida Nurse Accused of Abusing Patient

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

A Florida State Hospital licensed practical nurse (LPN) has been arrested and charged with one count of abuse of a disabled adult at the facility. The nurse was arrested on a felony warrant by the Attorney General’s Medicaid Fraud Control Unit (MFCU). The arrest was announced by the Florida Attorney General on June 29, 2012.

Nurse Accused of Abusing Patient During Medication Administration.

The nurse allegedly struck a disabled woman at the mental health facility, while trying to administer medication. The nurse attempted to administer medications to the patient by holding her nose closed in an attempt to force her mouth open, slapping her across the face, and pulling the patient’s hair, according to the charges filed.

The nurse has been charged […]

By The Health Law Firm|2024-03-14T10:01:55-04:00May 15, 2018|Categories: Defense, Discipline, Medication, Patient Care|Tags: attorney for nurses, board of nursing, DCF, Department of Children and Families, department of health, doh, DOH investigation, Florida license, ipn, legal defense for nurses, license, licensed practical nurse, LPN, mental health facility, nurse, nurse liability, nurse medication administration, nurses, nursing, nursing malpractice|Comments Off

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

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

Massage therapists, 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 massage therapists and other healthcare providers for representation after they have discussed the case and after it is too late to undo the damage they have caused to themselves. Often they do not understand the seriousness of the matter or the possible consequences, until it is too late. Admitting to even the […]

By The Health Law Firm|2024-03-14T10:01:08-04:00May 15, 2018|Categories: Department of Health Investigation, Massage Therapy|Tags: administrative complaint, Administrative Hearing, administrative licensure investigation, Agency for Health Care Administration (AHCA) surveyors, board licensing complaint, board licensing complaints, defense attorney, defense lawyers, department of health, doh, Drug Enforcement Administration (DEA) agents, FBI agents, Florida health law attorney, Florida massage laws, health care attorney, investigation, investigation of message therapist, investigator, licensure defense, massage therapists, Massage therapy, Medicaid Fraud Control Unit (MFCU) investigators, OIG special agents|Comments Off