Medical doctors in Florida who face administrative complaints filed by the Department of Health under Florida Statutes 458.327(1)(a) or 456.065(2)(d) confront serious legal consequences. Understanding the nature of these allegations, the regulatory and disciplinary processes involved, and the resources available for defense can make the difference between preserving a medical license and enduring reputational, financial, and criminal harm.
When you or your practice receives notice of an administrative complaint or unlicensed activity investigation, immediate, skilled legal representation is essential. Contact Elevate Legal Services, PLLC, diligently, for help navigating this challenging process. Call 561-770-3335 or email [email protected] today to schedule a consultation. Elevate Legal Services, PLLC, based in Boca Raton, Florida, specializes in representing medical professionals in Department of Health administrative hearings and disciplinary proceedings. Our firm offers deep experience with Florida healthcare disciplinary processes, strategic insight into administrative law hearings, and compassionate, tailored advocacy.
Overview of Florida Statutes 458.327(1)(a) and 456.065(2)(d)
Florida’s statutory framework serves to protect public health by clearly defining unlawful medical practice and assigning strict penalties. Under Florida Statute 458.327(1)(a), practicing medicine without a license or attempting to practice without proper licensure constitutes a third-degree felony. This offense carries penalties as defined in Chapter 775 of Florida law, including imprisonment and fines. In parallel, Florida Statute 456.065(2)(d) addresses unlicensed practice of any healthcare profession regulated by the Department of Health, including medicine, and imposes escalating criminal penalties based on the circumstances.
Subsection 456.065(2)(d)(1) makes unlicensed practice, attempted practice, or offering to practice any health care profession without an active, valid Florida license a third-degree felony, with a fine of at least $1,000 and a mandatory minimum of one year imprisonment. If the unlicensed practice results in serious bodily injury, it escalates to a second-degree felony, with even harsher penalties. Practicing with an inactive or delinquent license for 12 months or more also constitutes a third-degree felony, while doing so for less than 12 months is a first-degree misdemeanor.
These laws underscore the legal risk, even if the allegation is framed as administrative rather than criminal, underlying criminal exposure is significant.
How the DOH Process Works
The Florida Department of Health, through its Division of Medical Quality Assurance (MQA), oversees licensure regulation and enforcement. Complaints can be filed by anyone, including patients, colleagues, or anonymous individuals. The Department investigates complaints that may involve unlicensed activity or statutory violations under Chapters 456 and 458.
Once a complaint is received, a DOH investigator gathers evidence, which may include interviews, medical records, and other documentation. The licensee then receives an investigative letter containing a uniform complaint form, and typically has between 20 to 45 days to respond in writing. This response must be handled by competent counsel, not the physician personally.
After investigation, a Department prosecutor evaluates the evidence and presents findings to a Probable Cause Panel, usually composed of board physicians and a consumer member who decide whether the Department should file an administrative complaint or close the matter. If probable cause is found, an Administrative Complaint is filed with the agency clerk and served on the licensee. The respondent then has 21 days to submit an “Election of Rights” form indicating their request for an informal proceeding, formal administrative hearing at the Division of Administrative Hearings (DOAH), or a settlement agreement.
Cases dismissed at this stage remain confidential; only matters that proceed to administrative complaint enter a public record.
The Stakes: Disciplinary Actions and Criminal Exposure
If the Department files an administrative complaint citing violations such as engaging in practice without a license under F.S. 458.327(1)(a) or unlicensed practice under F.S. 456.065(2)(d), the licensee faces dual threats: administrative discipline and criminal prosecution. Administrative penalties may include reprimand, fines, probation, mandatory remedial education, suspension, or revocation of the medical license.
Concurrently, the criminal offense can be prosecuted by the state’s attorney based on the same conduct. The medical professional could face felony prosecution with mandatory jail time, particularly for unlicensed practice that results in harm or occurs with a delinquent license.
Strategic Defense Before the DOH
Effective defense starts early. Prompt, strategic response by counsel to the DOH’s investigative letter can pivot the case toward dismissal or mitigation. Counsel may negotiate early resolution, like a letter of guidance instead of an administrative complaint, or request an informal proceeding to present mitigating evidence and character testimony.
Where the matter proceeds, a formal DOAH hearing requires meticulous preparation: expert opinions, record review, factual defenses, and procedural defenses such as licensure technicalities or lack of DOH jurisdiction. At Elevate Legal Services, PLLC, we ensure that your procedural rights are protected, and proper standards of proof are met by the prosecution, “greater weight of evidence” for disciplinary actions without license revocation, and “clear and convincing evidence” for loss of license.
If criminal charges are also brought, parallel representation coordinating both administrative and criminal defense is essential to avoid waiving rights or contradicting positions.
Why Choose Elevate Legal Services, PLLC
At Elevate Legal Services, PLLC, you receive tailored, Florida-specific administrative law defense rooted in a deep understanding of both statutory frameworks and Board protocols. Our approachable yet professional firm works with physicians to de-escalate complaints, avoid license loss, and coordinate defense against potential criminal ramifications. We blend regulatory insight, administrative hearing experience, and sincere client counsel to protect both your career and your practice.
Final Thoughts
Facing a DOH complaint under F.S. 458.327(1)(a) or 456.065(2)(d) triggers high-stakes administrative and possible criminal consequences in Florida. Acting quickly and strategically can reduce or eliminate exposure. Defense requires deep knowledge of DOH investigative procedures, burdens of proof, licensing law nuances, and administrative procedures.
If you are navigating a DOH investigation, administrative complaint, or potential arrest for unlicensed practice, do not wait to hire representation. Reach out to Elevate Legal Services, PLLC, right away for a comprehensive defense strategy. Call us at 561-770-3335 or email [email protected].
Let Elevate Legal Services, PLLC, guide you through this process with confidence, clarity, and legal excellence.
