Understanding the Value of Legal Expertise When Navigating the Florida Department of Health

There’s value in hiring experts. As a Florida health care professional – or if you have plans to become one – you may face complex legal matters or application delays with the Florida Department of Health (DOH) and its regulatory boards that significantly impact your ability to practice. Whether applying for a license, responding to disciplinary action, or navigating a challenging complaint, having the right legal administrative law attorney representation is critical. At Howell, Buchan & Strong, our Tallahassee location and expertise in administrative law gives us a unique advantage. With decades of experience and a strong reputation with the DOH, we help health care professionals navigate licensure and regulatory challenges so they can get back to practicing in their field. 

The Importance of Local Expertise

Our firm’s headquarters in Tallahassee means we are uniquely positioned at the center of state government, giving us firsthand insight into legislative movements and policy changes. Changes originate at the statehouse and make our local presence a key advantage along with our proximity to and relationships with the Florida Department of Health attorneys and staff.

A Strong Reputation with the Florida Department of Health

Navigating the licensing process efficiently and advocating effectively for our clients starts with the experience and qualifications of our attorneys. The uniqueness of Howell, Buchan & Strong’s legal team is that some of our attorneys come to us with extensive backgrounds in government agencies and licensing boards, giving us familiarity and an inside perspective on  the regulatory processes. 

Many of our staff are former agency employees, which means we have built relationships with the very individuals overseeing licensing matters. This familiarity allows us to communicate more effectively and position our clients for the best possible outcomes.

A Proven Track Record in Complex Cases

With licensing laws becoming increasingly complex, our attorneys specialize in interpreting and adapting to these evolving regulations. Over the past 4-5 years, statutory changes have significantly altered the licensing landscape, particularly for foreign-trained physicians and out-of-state applicants. 

Many cases involve applicants with backgrounds that might raise concerns for board members, such as:

• Prior criminal history
• Past malpractice lawsuits
• Foreign Education and Training
• Credentialing disputes

We work to understand far-reaching impacts and navigate these evolving requirements to help clients successfully prepare their applications.

Dig Deeper: Learn about the legal situations where experienced administrative law attorneys can be key to successful outcomes in this blog. 

The Role of Experienced Legal Counsel in Healthcare

Securing a medical license requires more than just completing the necessary paperwork, it demands an understanding of the broader health care system. A legal team closely connected to the health care industry can help you defend your license before the boards, especially when it involves being issued a conditional license. This licensing may involve Florida’s Impaired Practitioners Program (PRN) and the Intervention Project for Nurses (IPN), leading to restrictions that can impact a physician’s ability to practice. It could also result in added expenses for requirements like direct or indirect supervision in your practice. 

Our teams are experienced in presenting your case and individual situation. But equally important is our ability to understand the added impacts across agencies. For example, background checks may have consequences beyond the Department of Health. Agencies like the Agency for Health Care Administration (AHCA) could impose further restrictions, making experienced legal guidance essential for managing multiple regulatory requirements. 

Our health care attorneys understand how the agencies operate, what the board members want and are looking for in health care licensing applications, and how to navigate the issues for swift resolutions. 

Civil and Administrative Litigation

Just because these boards are run by physicians doesn’t mean you’re presenting your case peer-to-peer. Many physicians assume that casually explaining their situation to board members will be enough to resolve issues. However, board hearings are highly legalistic, requiring strategic preparation, legal experience, and advocacy.

Key legal strategies include:

• Requesting hearings
• Leveraging appellate review
• Evidentiary objections 
• Withdrawing and resubmitting applications to avoid denials

Without experienced legal representation, applicants may not be able to adequately defend themselves, leading to unfavorable board decisions. Administrative law is a unique field, distinct from traditional court litigation, and having the right legal counsel experienced in administrative law ensures a client’s rights are protected throughout the process.

Staying Ahead of Legislative and Policy Changes

Our location in Tallahassee allows us to stay ahead of regulatory changes, advising clients proactively on how new laws may affect their licensing status.

For example, when recent changes altered licensure pathways for out-of-state applicants, we guided clients on whether to withdraw applications and reapply under updated rules. These nuances can make a significant difference in achieving licensure that as a professional, you might not be aware of on your own.

It’s important to note that every state has its own unique licensing process. What works in Georgia, or another state, may not apply in Florida. This is why Florida-specific expertise is critical when handling complex cases.

The Cost of Going It Alone

With medical school tuition averaging $238,420 (Education Data Initiative*), risking your career and earning potential by navigating the licensure process alone can be a costly mistake. You’ve invested heavily in your medical degree and it’s a worthy investment to protect your ability to use it. An application denial or procedural delay could jeopardize your ability to practice for several months, affecting both your livelihood and job opportunities.

Even with the right team in place, we believe our clients should also be prepared. Without legal representation, presenting your case at a Board hearing can be intimidating. They use language most medical professionals aren’t familiar with and that’s an edge you need in defending your case. Our firm invests time in preparing clients for these high-stakes appearances. We provide coaching on how to professionally present yourself, when to speak, and when to defer to your attorney. We also brief clients on individual board members and effective communication strategies to maximize their chances of success.

Approaching a licensing hearing with a defensive or adversarial attitude rarely works. Our goal is to guide clients through the process smoothly, ensuring the best possible outcome for their careers.

The Howell, Buchan & Strong Advantage

At Howell, Buchan & Strong, our team of attorneys is deeply committed to helping health care professionals succeed. We offer unique legal expertise, local insight, and decades of experience handling complex health care cases. 

We’re prepared to defend and guide you through the licensing process and offer strategic advice when you need it most. If you’re facing an investigation or regulatory challenge, you need experienced legal representation – because your career in health care is worth protecting.

Contact Howell, Buchan & Strong to ensure your rights are protected and your ability to practice your profession remains secure.

*Hanson, Melanie. “Average Cost of Medical School” EducationData.org, November 9, 2024,
https://educationdata.org/average-cost-of-medical-school