Can the Disciplinary Action Taken Against My Health Care License be Expunged or Sealed?

We are often asked by our clients, “Will my Florida disciplinary action ever go away?”  When a health care practitioner has been disciplined by their Board or the Department of Health (DOH), the action is public record.  Not only will the health care practitioner’s license reflect the disciplinary action (such as probation, restrictions, etc.), but the Final Order imposing discipline, including the Administrative Complaint, are also available to the public. These documents and a health care practitioner’s license status are available on the Agency’s website.

Florida public record laws, Chapter 119, Florida Statutes (F.S.), in its simplest form, requires State Agency’s to make documents available to the public.  Section 119.01, F.S. – General State Policy on Public Records, provides that “all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency.”  There are some documents that are exempt from the public record laws, but they are few and far between.  Unlike other types of law (such as criminal law), there are no provisions for expunging or sealing disciplinary actions taken against a health care licensee by their Board or the DOH.

In fact, when an Administrative Complaint has been filed against a health care practitioner’s license by the DOH, it is considered public record and immediately made available to the public. This is also true for emergency actions, such as Orders of Emergency Suspension or Restriction.  Once the Board, or the DOH, takes the disciplinary action, the health care practitioner’s license status is updated and the Final Order imposing the discipline is uploaded to the health care practitioner’s license.  The public can then go online and search for the health care practitioner’s license and will find the disciplinary action.

So, back to the original question: Will my Florida disciplinary action ever go away? The simple answer is no. Once the action is final, including exhausting all avenues of appeal, it will never go away. It will always be available to the public, even after you have complied with the terms of your Final Order. This is why protecting your health care practitioner license is imperative.

No matter what your situation, receiving an Administrative Complaint or letter of investigation against your health care license can feel like uncertainty is ahead but taking prompt and appropriate action, coupled with leaning on expert legal representation, can significantly improve your chances of a favorable outcome. We’re qualified to help you handle your case and protect your license.