Receiving an Administrative Complaint from the Florida Department of Health (DOH) can be an alarming and stressful experience for any chiropractic physician. These complaints can threaten your chiropractic license, professional reputation, and long-term career. One frequent cause of disciplinary action is outlined under Florida Statute 460.413(1)(v), failing to comply with a lawful order issued by the Board of Chiropractic Medicine or the DOH. Understanding this statute and how the administrative process works is essential for safeguarding your practice and livelihood.
At Elevate Legal Services, PLLC, a Boca Raton-based law firm specializing in DOH Administrative Complaints and health law, we defend chiropractic physicians across Florida. If you’re facing an Administrative Complaint or suspect you may be at risk, contact our office at 561-770-3335 or email [email protected] for a confidential consultation.
What is Florida Statute 460.413(1)(v)?
Florida Statute 460.413 outlines various offenses that may result in disciplinary action against chiropractic physicians. Subsection (1)(v) specifically addresses:
“Violating a lawful order of the board or department previously entered in a disciplinary hearing.”
This means that non-compliance with any legally binding directive, such as paying fines, completing required continuing education, or fulfilling probation terms, can trigger further action by the DOH or Board of Chiropractic Medicine.
Common Violations Under 460.413(1)(v)
Violations often stem from overlooked or unmet disciplinary obligations. Here are frequent scenarios that lead to non-compliance:
- Non-Payment of Fines or Costs
Failing to pay assessed fines or investigation costs within the required timeframe.
- Incomplete Continuing Education
Missing deadlines for board-mandated continuing education can constitute a violation. - Violation of Probation Terms
Ignoring specific probation requirements, such as submitting reports or undergoing supervision. - Failure to Follow Board Orders
Disregarding directives such as providing documentation or attending evaluations.
The Administrative Complaint Process
Knowing how the complaint process unfolds can significantly improve your legal strategy:
- Complaint Filing & Investigation
A complaint is submitted and reviewed to confirm it falls under DOH jurisdiction. If valid, a formal investigation begins. - Notification & Response
You’ll receive a copy of the complaint and typically have 20–45 days to respond. It’s critical to consult legal counsel before submitting a written response. - Probable Cause Panel Review
A panel evaluates the evidence to determine if probable cause exists. If confirmed, a formal Administrative Complaint is filed. - Formal Hearing or Settlement
You can challenge the complaint in a formal hearing before an administrative law judge or negotiate a settlement with the DOH.
Penalties for Violating Florida Statute 460.413(1)(v)
Disciplinary measures may include:
- Substantial Fines
- License Suspension or Revocation
- Probation with Conditions
- Mandatory Continuing Education
These penalties can severely impact your ability to practice. That’s why proactive legal defense is crucial.
Why Legal Representation Matters
Attempting to handle a DOH complaint on your own is risky. An experienced healthcare defense attorney can:
- Draft a strong, strategic response
- Negotiate favorable settlement terms
- Represent you during administrative hearings
- Ensure full compliance to prevent future violations
How Elevate Legal Services, PLLC Can Help
We offer:
- Proven Experience in DOH Proceedings
- Custom Legal Strategies Tailored to Your Case
- Proactive Defense to Prevent Escalation
- Comprehensive Guidance from Start to Finish
Protect Your Chiropractic License—Act Now
Facing a complaint under Florida Statute 460.413(1)(v) is a serious legal challenge. Prompt action and experienced legal guidance can make all the difference. Contact Elevate Legal Services, PLLC today at 561-770-3335 or email [email protected] for a confidential case review.
