Health Care Licensure Complaint Representation
Complaints against your license can be very scary – your license to practice, your job and all the hard work you put in to be licensed is at risk. The action will be filed by the Florida Department of Health on behalf of the licensing boards – for instance, the Board of Medicine – for complaints against most physicians, the Board of Nursing for complaints filed against nurses and some other licensed medical health care technicians, and the Board of Pharmacy for pharmacists.
These actions are known as “administrative proceedings’ in Florida, meaning they do not go through the regular court system. However, you are still afforded certain rights as you would in a ‘regular’ court proceeding. For instance, you, the licensee will enjoy your “due process” rights under the Fourteenth Amendment of the U.S. Constitution. Due process is the right to receive proper notice of the action and the right for an opportunity to be heard. Professional licenses are deemed as statutorily protected property interests and therefore you must receive your due process rights before they can be taken away.
Receiving the administrative complaint itself will satisfy the “notice” requirement of due process. This means that the DOH believes there is probable cause that a violation of your professional code (public health code for health professionals) may have been committed. You will be required to ‘answer’ the complaint and may be required to appear before your professional licensing board, or before an administrative judge before the Department of Administrative Hearings.
If you are facing an administrative complaint, putting your health care license at risk, put Ms. York’s experience and background as a Hospital Risk Management Attorney and AHCA Licensed Health Care Risk Manager to work for you. Our firm is here to help assist health care professionals in protecting their hard-won license.
Call Lisa York, Attorney and Counselor at Law today! Get an appointment to talk to an experienced health care law attorney about your licensure complaint case.
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