Under Investigation by the Florida Department of Health? Here’s What You Need to Know

Being under investigation by the Florida Department of Health (DOH) can be a stressful and career-threatening experience for any licensed healthcare provider. Whether you’re a physician, nurse, pharmacist, therapist, or another licensed practitioner, receiving notice of a complaint or investigation can spark confusion, fear, and a sense of urgency — and rightly so.

At Howell, Buchan & Strong, we represent licensed professionals across Florida who are facing investigations, administrative complaints, or disciplinary actions by the DOH, the Board of Medicine, and other licensing boards. If you’ve been notified that you are under investigation, here’s what you need to know — and why early legal guidance is critical.

What Triggers a DOH Investigation?

The Florida Department of Health has a duty to protect public health and safety. It receives complaints from patients, coworkers, employers, law enforcement, insurance companies, and even anonymous sources, including competitors. Some of the most common allegations that trigger an investigation include:

• Substance abuse or impairment while practicing
• Failure to meet the standard of care
• Fraud, false billing, or improper recordkeeping
• Sexual misconduct or boundary violations
• Criminal arrests or convictions
• Practicing beyond the scope of your license
• Improper prescribing or dispensing of controlled substances

Some complaints are minor or unfounded, but others can result in significant disciplinary actions, including suspension or revocation of your license.

What Happens When You’re Under Investigation?

If a complaint is filed against you, the process typically unfolds in the following stages:

1. Notification
   You will receive a letter from the Department of Health notifying you that a complaint has been filed and that an investigation is underway. This notification may come by U.S. mail or by email.  The DOH often asks you to respond to give your side of the story.  We can advise whether this is a wise decision.

2. Investigation
   A DOH investigator gathers evidence, which may include patient records, witness statements, expert reviews, and interviews…possibly with you, the subject of the investigation. The investigator’s role is not to determine guilt or innocence but to compile facts and present them to the prosecution services unit (PSU), made up of attorneys.

3. Your Response
   You will be invited to submit a written response or be interviewed. This is a crucial opportunity to provide your side of the story, but you should never respond without first consulting an experienced health care attorney. Anything you say may be used against you, and the wrong response can worsen the situation.

4. Probable Cause Review
   The PSU unit will send the case to a panel of your professional licensing board (e.g., Board of Medicine, Board of Nursing).  This panel will review the evidence and determine whether probable cause exists to proceed with formal charges. If probable cause is found, an Administrative Complaint will be issued.

5. Administrative Complaint and Hearing
   The complaint outlines the alleged violations and proposed disciplinary action. You have the right to contest it by requesting either an Informal Hearing (if you do not dispute the facts) or a Formal Hearing before an Administrative Law Judge (if you do dispute the allegations). You must file a request for a formal or informal administrative hearing. PSU attorneys will reject insufficient requests.

6. Final Action
   Depending on the outcome of the hearing, your case may result in license suspension, revocation, fines, probation, continuing education requirements, or dismissal. Often, our attorneys work with the DOH to reach a settlement agreement on the case.

Why You Shouldn’t Navigate This Alone

The biggest mistake you can make? Ignoring the complaint or attempting to handle it on your own.

Florida administrative law and health care regulations are complex. Even a well-intentioned response or innocent mistake can escalate a situation. Our experienced attorneys understand how to:

• Evaluate the strength of the complaint
• Communicate with DOH investigators on your behalf
• Draft a compelling response to avoid formal charges
• Negotiate settlements or lesser penalties with the DOH attorneys
• Defend you in formal administrative hearings, which are similar to trials
• Help you preserve your professional reputation and livelihood

At Howell, Buchan & Strong, we know the process inside and out because we’ve handled hundreds of cases for Florida licensees, and many of our attorneys have previously worked with state regulatory agencies.

Common Misconceptions About DOH Investigations

Let’s clear up a few myths that could get you into deeper trouble:

MYTH 1: “If I ignore the complaint, it’ll go away.”
Reality: Failing to respond to a DOH investigation and administrative complaint can result in license suspension or revocation by default.

MYTH 2: “I can just explain myself, and they’ll drop it.”
Reality: Without a legal strategy, your explanation could unintentionally admit fault or create new concerns.  The DOH is not interested in your side of the issue – it is designed to prosecute the cases in the interest of protecting the public. 

MYTH 3: “Only serious issues result in discipline.”
Reality: Even administrative or recordkeeping errors can lead to fines, probation, or mandatory training.

MYTH 4: “Hiring a lawyer makes me look guilty.”
Reality: Retaining counsel demonstrates professionalism and protects your rights; it’s not an admission of guilt.  These proceedings are also quasi-penal, which is significant because you have a property right in your license. 

How to Protect Your License and Career

If you’re under investigation or believe you may be soon, here are some immediate steps to take:

• Don’t panic — Do act quickly
  You have legal rights, but timing is critical. Missing deadlines or ignoring requests can make things worse.
• Do not contact the complainant
  Trying to explain or resolve things yourself could be considered retaliation or interference with the investigation (another violation of the statutes).
• Secure your records
  Make copies of relevant patient files and documents — but do not alter or destroy anything.
• Contact a qualified healthcare attorney
  Engage legal representation experienced in administrative law, DOH investigations, and board hearings.
• Maintain professionalism
  Continue practicing with integrity and adhere strictly to standards of care, documentation, and ethics.

Partnering with a Professional: Your Best Defense

As one of Florida’s premier law firms focused on professional license defense, Howell, Buchan & Strong attorneys have successfully defended physicians, nurses, dentists, pharmacists, and other health care professionals across Florida. We:

• Handle DOH investigations, board hearings, and administrative complaints
• Represent clients before all Florida regulatory boards
• Offer clear, strategic counsel tailored to your specific situation
• Provide aggressive defense to protect your license, reputation, and future

When your career is on the line, you need legal professionals who understand how to navigate the system…and how to fight for you.

Being under investigation doesn’t have to mean the end of your career, but how you respond makes all the difference. If you’ve received a letter from the Florida Department of Health or have been notified of an investigation, reach out to our office immediately.