Why You Need an Attorney to Safeguard Your Professional License

November 6, 2024 | By Jeff Howell
ESTIMATED READING TIME: 5 MINUTES
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Licensed professionals in Florida are well aware of the stringent requirements and standards set by the Department of Health (DOH) and various professional boards. These regulations are meant to safeguard public welfare and uphold professional integrity. However, if your license, livelihood, or reputation is at stake due to a DOH investigation or an issue with your professional board, it’s essential to have experienced legal counsel. Howell, Buchan & Strong (HBS), based in Tallahassee—right at the heart of Florida’s DOH and licensing board headquarters—provides invaluable insight, quick action, and effective representation for licensed professionals facing complex licensing and disciplinary issues.

In this post, we’ll cover why legal representation is crucial in such situations, the typical timelines and procedures involved, and how the proximity and experience of Howell, Buchan & Strong ensure that our clients receive prompt and knowledgeable guidance through these intricate processes.

Understanding the Role of the Department of Health and Professional Boards

The DOH and its associated professional licensing boards oversee a vast range of licensed professions in Florida, from health care providers to real estate agents and other specialists. They have the authority to license individuals, set practice standards, enforce rules, and discipline license holders when violations occur.

When the DOH or a licensing board begins an investigation, it can lead to outcomes that impact a professional’s ability to work, including license suspension or revocation, fines, or other penalties. Each step of the process requires careful attention to detail, thorough documentation, and timely action. Failing to respond accurately and promptly can exacerbate the situation.

Why You Need an Attorney in These Situations

Defending your license isn’t just about telling your side of the story; it’s about understanding the law, navigating procedures, and protecting your rights. Here are some key reasons why working with an experienced attorney is essential:

  1. Knowledge of Procedural Requirements: The disciplinary process is highly procedural, with specific deadlines for each stage. Missing a filing deadline or failing to submit the correct documentation can significantly weaken your case or even result in an automatic judgment against you. At HBS, we are deeply familiar with these requirements and help clients avoid costly procedural missteps.
  2. Thorough Documentation and Evidence Collection: The DOH and professional boards rely heavily on documented evidence. In many cases, clients may not know which records to gather, how to present them, or which details are most relevant. An attorney with experience in licensing matters can help collect, prepare, and submit the necessary documentation in a way that supports your case.
  3. Informed Defense Strategies: With a lawyer who understands the nuances of DOH investigations and board procedures, you’re far better positioned to construct a strong defense. This includes challenging evidence, presenting mitigating factors, and demonstrating compliance with all licensing requirements.
  4. Direct Access to DOH and Licensing Boards: With our office located in Tallahassee, we’re in close proximity to Florida’s DOH and other licensing boards. This short distance allows us to engage with board representatives and file documents directly, often leading to quicker resolution times for our clients.

Important Timelines and Filing Details

Navigating the timelines associated with DOH investigations and disciplinary proceedings is crucial to protecting your license. Here are some key steps and timelines involved in these cases, but dig deeper into our Comprehensive Guide to Defending Your Healthcare License to learn even more:

  1. Notice of Investigation: If the DOH receives a complaint against a licensee, it will notify them of the investigation. The licensee typically has a limited period to respond—often 30 days. A well-prepared response during this time can significantly affect the outcome.
  2. Filing of Formal Complaint: After the initial investigation, the DOH may file a formal complaint. This complaint details the specific allegations and begins a more structured disciplinary process. Responding to a formal complaint requires careful planning, as it can result in a hearing before the board.
  3. Informal vs. Formal Hearings: If a complaint proceeds to a hearing, it may be informal (where the licensee accepts the findings) or formal (where they dispute the allegations). A formal hearing resembles a trial, with opportunities for evidence presentation, witness testimony, and cross-examination. HBS attorneys ensure that clients are prepared to present a compelling case and are fully briefed on the process.
  4. Final Order and Appeals: After a hearing, the board issues a Final Order. If the licensee disagrees with the decision, they have the right to appeal. Timely filing of the appeal is essential, as missing the deadline will forfeit the right to challenge the order.

“We’ve made it a priority to build our HBS attorneys and Of Counsel teams to include those with in-depth knowledge of the inner workings of these boards and the procedural requirements. Representing licensed professionals is our primary focus. Many on our team have worked directly within these licensing organizations, so we understand the critical details of timing, defense, and documentation.”

Jeffrey Howell, Founder and Partner Attorney of Howell, Buchan & Strong

Benefits of Proximity and Specialized Expertise

Having representation from a firm based in Tallahassee offers a unique advantage for professionals facing licensing issues. Here’s how HBS’s location and specialized experience set us apart:

  1. Direct Filing Access: Being based in Tallahassee, we are just blocks away from the offices of Florida’s DOH and other professional licensing boards. This allows us to submit documents directly, ensuring that your filings are received promptly and without the delays associated with mail or courier services.
  2. Real-Time Responses: In urgent situations, our team can address concerns directly with board representatives or DOH staff, cutting down on the time it might otherwise take to resolve specific issues. This hands-on approach can make a significant difference in the speed and outcome of a case.
  3. In-Depth Familiarity with Florida’s Licensing Landscape: Our attorneys and Of Counsel professionals have spent years working on cases involving Florida’s DOH and professional boards. We understand the current regulations, common challenges, and best strategies for a positive outcome.
  4. Effective Relationships with Licensing Authorities: Our experience and proximity have fostered professional relationships with board members and DOH officials, which enables us to understand the expectations, preferences, and likely approaches of these authorities.

How HBS Supports You Through the Process

Howell, Buchan & Strong has established itself as a trusted partner for licensed professionals across Florida, from health care providers and accountants to engineers and contractors. Our team is equipped to support clients through each step of the licensing process, including:

  • Consultation and Case Review: From the moment you receive a notification from the DOH or a board, we’re ready to evaluate your situation and discuss the best options for defense.
  • Response Preparation and Document Filing: Whether it’s a rebuttal to a complaint, a request for a hearing, or an appeal, we assist in drafting, reviewing, and filing documents in compliance with all procedural requirements.
  • Representation in Hearings: If your case proceeds to a hearing, HBS provides strong representation, including preparing witnesses, gathering evidence, and making persuasive arguments before the board.
  • Post-Hearing Support: After a hearing, we review the Final Order and advise clients on possible appeals or compliance with any conditions imposed by the board.

Protecting Your License and Career

Navigating the licensing landscape in Florida requires a comprehensive understanding of the rules, procedures, and the particular nuances of each licensing board. With so much at stake, having an experienced attorney is not only beneficial but crucial to ensuring the best possible outcome. At Howell, Buchan & Strong, we’re dedicated to protecting the careers and reputations of our clients. Our Tallahassee office’s close proximity to Florida’s DOH and licensing boards allows us to act efficiently, accurately, and proactively for each client.

“Our team’s proximity to these organizations and firsthand experience with the workings of DOH and professional boards give us a distinct advantage in representing our clients. We’re here to navigate these issues so you can focus on what matters—your career and livelihood.”

Jeffrey Howell
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If you’re facing disciplinary actions or licensing issues with the DOH or your professional board, don’t leave your career to chance. Contact Howell, Buchan & Strong for a consultation and ensure you have the right representation to safeguard your professional future.

 

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