Physician Assistants Moving To Florida Disclose License Discipline in Other States

Recently, we’ve seen an uptick in health care professionals moving to the Sunshine State from other States.   The weather, lower taxes, no income tax, and less regulation are just some of the reasons people prefer Florida.

All health care professionals who require licensure must disclose if they’ve been disciplined by their former state’s professional board or regulatory agency on an application for license in Florida.  We’ve written extensively in past blogs about the Florida Department of Health’s licensing process for medical doctors, but the same rigorous review is also required for PAs wishing to practice here.  See https://www.floridahealth careattorney.com/medical-licenses/

The problem also arises with PAs who are currently licensed in Florida but are disciplined in another State while holding a Florida license here.  When what lawyers refer to as a “Sister state” disciplines a health care professional’s license that information is entered into the National Practitioner Data Bank.  Soon thereafter the Florida Department of Health receives notification that the other State has taken action against your license and proceeds to open up a parallel investigation against you.

The process usually starts off when an investigator with the Florida Department of Health sends you an Investigative Letter notifying you that a case has been opened up regarding your license and their knowledge that you have been disciplined or are being investigated in another state. Physician Assistants should stay on top of these problems and have any letter or communication from the Department of Health reviewed by an experienced health care attorney.

What does Florida do to a Physician’s Assistant License if They Receive Discipline in Another State?

We call these cases “mirror” cases because the punishment is usually the same as what the other State imposed on you.   The Florida Board of Medicine regulates Physician Assistants.  Their “Disciplinary Guidelines,” for example show the range of possible penalties for such a situation:  

If you receive an Investigative Letter from DOH notifying you that you are being investigated for out of state disciplinary action you should consult an experienced health care lawyer who knows the process and can communicate effectively on your behalf.   The Rules of the Board, for example, provide:

VIOLATIONS	RECOMMENDED PENALTIES
	First Offense	Subsequent Offenses	First Offense	Subsequent Offenses
(b) Action taken against license by another jurisdiction. (Sections 459.015(1)(b); 456.072(1)(f); 456.47(4)(d), F.S.)	(b) From imposition of discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida to reprimand through suspension or denial of the license until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken and an administrative fine ranging from $1,000.00 to $2,500.00.	(b) From imposition of discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida to suspension and revocation or denial of the license until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken, and an administrative fine ranging from $2,500.00 to $5,000.00.	(b) From imposition of discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida to suspension or denial of the license until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken.	(b) From imposition of discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida to revocation or denial of the license.

As you can see the above penalties can range from “imposition” of the same penalty given by the other State to suspension or “denial” of a license.  Our Firm encounters these types of cases regularly.  See https://www.floridahealth careattorney.com/doh-complaints-investigations/ The key to representing our Clients on such cases is gaining an understanding of what the other State investigation and discipline involved, review of Florida law, analysis of mitigating factors that could be argued to the Board, and utilization of our Firm’s experience and relationships with personnel in the Florida Department of Health and Attorney General’s Office to reach a result that advances our Client’s overall goals.

Seek Smart Legal Counsel

If you have received a letter of investigation from Florida Department of Health, do not go it alone.

Our firm provides representation along with assistance with questions on applications. 

Our attorneys will arrange a FREE no-obligation consultation with you to learn more about your case.

Need Legal Advice? Let’s Talk

Contact the law offices of Howell, Buchan & Strong; Attorneys at Law for your free consultation at any one of our locations:

Orlando (407) 717-1773 |Tallahassee (850) 877-7776 | Tampa (813) 833-6726 | Sarasota (941) 779-4348    Cape Coral/Fort Myers (239) 671-4243