For healthcare professionals in Florida, receiving a citation from the Florida Department of Health (DOH) for allegedly practicing without a license can be a career-altering event. This type of citation is more than just a fine — it is an official enforcement action that can lead to serious professional consequences, including permanent marks on your license record, loss of employment opportunities, and even criminal charges in certain cases. Knowing what to do immediately after receiving a DOH citation for unlicensed practice is critical to protecting your license, your livelihood, and your professional reputation.
At Elevate Legal Services, PLLC, our Boca Raton-based attorneys focus on defending medical professionals across Florida in DOH violation administrative complaints and representing them in administrative law hearings. If you have received a DOH citation for practicing without a license, call 561-770-3335 or email [email protected] to speak with our legal team. We act quickly to protect our clients’ rights, working to minimize or eliminate the impact of DOH actions on their careers.
Our firm has extensive experience navigating the Florida healthcare disciplinary process. We understand how DOH investigations are conducted, the strategies used by enforcement attorneys, and the defenses available to healthcare professionals accused of unlicensed practice. By engaging Elevate Legal Services, PLLC, early in the process, you increase your chances of a favorable resolution.
Understanding Unlicensed Practice in Florida
The Florida Department of Health regulates dozens of healthcare professions under Florida Statutes Chapters 456 and 457, as well as individual practice acts for specific professions. These laws require practitioners to hold a valid and active Florida license to provide services legally. Practicing without a license occurs when a person provides healthcare services without first obtaining the proper licensure or continues practicing after their license has expired, been suspended, or placed on inactive status.
Unlicensed practice also includes situations where an individual uses a protected professional title without authorization, such as calling oneself a “nurse,” “dentist,” “physical therapist,” or “psychologist” without a Florida license in that field. Even if you are licensed in another state, providing services to patients in Florida without the necessary Florida credentials can lead to a citation. This is especially relevant in telehealth scenarios, where the patient is physically located in Florida.
The Florida DOH treats unlicensed activity seriously. According to its official enforcement division, the department investigates complaints, conducts undercover operations, and monitors advertising to detect violations. The consequences can include substantial fines, cease-and-desist orders, and referral for criminal prosecution.
How DOH Citations for Unlicensed Practice Work
A DOH citation is a formal notice that the department believes you have violated licensing laws. It specifies the alleged violation, cites the relevant statute or administrative code provision, and outlines the penalty. In unlicensed practice cases, the penalty can range from thousands of dollars in fines to suspension or revocation of any other Florida healthcare licenses you may hold.
When you receive a DOH citation, it will include a deadline to respond. This is typically your opportunity to either pay the fine, which often serves as an admission of the violation, or request an administrative hearing to dispute the allegations. Ignoring the citation will almost certainly lead to escalated enforcement action.
Why You Should Not Ignore or Automatically Pay a DOH Citation
Paying a DOH citation for practicing without a license may seem like a quick fix, but it comes with lasting consequences. By paying, you are generally admitting to the violation. This admission becomes part of your public disciplinary record, which is accessible through the DOH’s license verification portal. Employers, patients, insurance networks, and other state licensing boards can see this record.
A public disciplinary record can affect:
- Employment prospects in Florida and other states
- Credentialing with hospitals and insurers
- Ability to obtain or renew professional liability insurance
- Reputation among patients and colleagues
Disputing the citation gives you the chance to present your side, challenge the DOH’s evidence, and potentially avoid permanent disciplinary action.
The Process of Disputing a DOH Citation
The process of challenging a DOH citation for unlicensed practice is governed by Florida’s administrative law system, primarily under Chapter 120 of the Florida Statutes. This chapter sets out the procedures for administrative hearings, which are conducted by the Florida Division of Administrative Hearings (DOAH).
When disputing a citation, you can elect either an informal hearing (if you agree with the facts but want to argue for a lesser penalty) or a formal hearing (if you dispute the facts and the law). In a formal hearing, the DOH must prove its case by presenting evidence and witnesses. You have the right to cross-examine those witnesses, present your evidence, and make legal arguments.
A recommended order will be issued by an administrative law judge after the hearing. The DOH then decides whether to adopt, modify, or reject the recommendation. If the outcome is unfavorable, you may have the option to appeal to the state court system.
Immediate Steps to Take if You Receive a DOH Citation for Unlicensed Practice
The moment you receive a DOH citation, act quickly:
First, read the citation carefully to understand the specific allegations and deadlines. Next, gather all relevant documents that could support your case. This may include proof of valid licensure during the period in question, telehealth registration documentation, renewal receipts, or evidence that you were not engaged in the alleged activity. If the citation relates to advertising, secure screenshots, invoices, or third-party records showing compliance or corrections.
Contact an attorney at Elevate Legal Services, PLLC, immediately. Our team will analyze the allegations, evaluate your defenses, and file the necessary paperwork to preserve your right to dispute the citation. Missing the deadline response can forfeit your chance to challenge the allegations entirely.
Common Defenses to Unlicensed Practice Allegations
While every case is different, there are several defenses we frequently use when representing clients accused of practicing without a license:
- Demonstrating that you held a valid license at the relevant time
- Proving the alleged conduct never occurred
- Showing that you qualify for an exemption under Florida law
- Identifying errors in the DOH’s investigation or citation
- Providing evidence that any violation was corrected promptly before the citation was issued
In some cases, the issue may be a technical or administrative error, such as the DOH’s records not reflecting a timely license renewal. We have successfully resolved cases by producing documentation that the department’s own records were incorrect.
The Role of Telehealth in Unlicensed Practice Cases
Telehealth has expanded rapidly in recent years, but it also presents unique risks for unlicensed practice allegations. Under Florida law, healthcare providers located outside the state who treat Florida patients via telehealth must hold either a full Florida license or be registered as a telehealth provider. Failure to meet these requirements can result in a DOH citation for unlicensed practice, even if you are fully licensed in another state.
We have represented out-of-state physicians, therapists, and other providers who were cited after unknowingly violating Florida’s telehealth licensing rules. In many cases, these matters can be resolved by promptly obtaining the correct registration and demonstrating compliance moving forward.
The Consequences of Ignoring a Citation
Failing to respond to a DOH citation is one of the costliest mistakes a healthcare professional can make. Ignoring the citation can lead to higher fines, additional enforcement actions, and in some cases, criminal prosecution for unlicensed activity. If you hold other Florida healthcare licenses, those licenses can also be suspended or revoked as a result.
A citation for unlicensed practice is not a minor administrative matter — it is a significant legal issue that can alter the course of your career. The sooner you take action, the better your chances of protecting your future.
How Elevate Legal Services, PLLC Can Help
At Elevate Legal Services, PLLC, we understand the high stakes involved in DOH unlicensed practice cases. Our attorneys take a proactive and strategic approach, starting with a detailed review of your citation and all related evidence. We communicate directly with DOH investigators and prosecutors on your behalf, ensuring that your rights are protected at every stage.
We explore all potential resolutions, from negotiating a reduced penalty to seeking dismissal of the citation entirely. When necessary, we prepare a full defense for a formal administrative hearing before the DOAH. Our experience in Florida healthcare disciplinary matters means we know how to challenge the DOH’s case effectively.
If you have received a DOH citation for practicing without a license, call 561-770-3335 or email [email protected] to speak with our team today. Do not let an accusation go unanswered — we are here to help you protect your license and your career.
Preventing Future Citations
Prevention is always better than defense. Healthcare professionals can reduce the risk of DOH citations for unlicensed practice by:
- Monitoring license renewal dates and submitting renewals early
- Completing continuing education requirements before deadlines
- Reviewing all advertising to ensure it complies with Florida law
- Confirming telehealth licensing requirements before treating Florida patients
- Verifying the licensure status of employees and contractors
Elevate Legal Services, PLLC, offers compliance consultations to identify and correct potential issues before they attract the DOH’s attention. By staying proactive, you can focus on your practice without the distraction of legal problems.
External Resources
For more information about DOH enforcement and unlicensed practice, visit:
Final Thoughts
Receiving a DOH citation for practicing without a license in Florida is a serious matter that requires immediate attention. By understanding your rights, gathering evidence, and securing experienced legal representation, you can give yourself the best chance of resolving the issue favorably. At Elevate Legal Services, PLLC, we are committed to defending healthcare professionals against these high-stakes allegations.
If you have received a citation, contact Elevate Legal Services, PLLC at 561-770-3335 or [email protected] for a confidential consultation. We will guide you through the process, protect your rights, and work to safeguard your license and reputation.
