penal statues | The Health Law Firm Blog

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

Burden of Proof in Administrative Cases Involving Discipline of a Health Professional’s License – Part 1

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 concentrate on those licenses by the state DOH in this blog.

Overview.

What few people (even attorneys) know is that cases which involve discipline against a professional’s license are treated as “punitive” or “penal” cases. This means the standards applied to them, at least in Florida, […]