If you’re a Florida-licensed Medical Doctor and have received an Emergency Restriction Order (ERO) from the Florida Department of Health (DOH), your medical license and livelihood are at immediate risk. Violations of Florida Statutes 456.072(1)(k), 458.328, and Rules 64B8-9.009 and 64B8-9.0091 can result in swift disciplinary action, including the restriction or suspension of your ability to practice medicine.
At Elevate Legal Services, PLLC, we understand the urgency and reputational impact of an ERO. Our Boca Raton-based law firm aggressively defends physicians statewide in administrative law proceedings, including emergency actions brought by DOH.
Call 561-770-3335 or email [email protected] today for a confidential consultation. Early legal intervention is key to protecting your license and career.
What Is an Emergency Restriction Order?
An Emergency Restriction Order is an immediate, enforceable action by DOH restricting a physician’s scope of practice due to alleged behavior that poses an imminent danger to patient safety or public health.
Common triggers for EROs include:
- Performing surgery in an unregistered or unlicensed office
- Failing to comply with surgical safety protocols
- Improper anesthesia use or staffing
- Failing to report adverse incidents
These restrictions remain in effect while the underlying investigation or administrative complaint proceeds.
Overview of the Relevant Laws and Rules
Florida Statute 456.072(1)(k)
This statute allows DOH to discipline any licensee who:
“Fails to perform any statutory or legal obligation placed upon a licensee.”
It serves as a broad enforcement tool covering any failure to comply with Florida healthcare laws or board rules — even when not explicitly named in a complaint.
Florida Statute 458.328 – Office Surgery Regulation
This statute requires:
- Registration of any office performing Level II or III surgeries
- Compliance with accreditation and inspection requirements
- Timely reporting of adverse incidents
Violating this statute can result in fines of up to $5,000 per day, per violation.
Rule 64B8-9.009 – Standards of Office Surgery
This rule sets the minimum safety standards for in-office surgical procedures, including:
- Patient selection criteria
- Anesthesia protocols and staff qualifications
- Emergency equipment and protocols
- Post-operative monitoring
- Recordkeeping and informed consent
Failure to meet these standards — even without a patient injury — may lead to disciplinary action.
Rule 64B8-9.0091 – Office Surgery Registration
This rule requires physicians to:
- Register the office with DOH if performing Level II or III surgery
- Maintain inspections, accreditations, and updates to registration
- Notify DOH of ownership or operational changes
Performing surgery in an unregistered or non-accredited office is a direct and serious violation.
Common Violations That Trigger EROs
Physicians often face EROs due to one or more of the following:
1. Unregistered Surgery Facilities
- Performing Level II or III surgeries in unregistered offices
- Failing to renew registration or obtain required accreditation
2. Improper Use of Anesthesia
- Using sedation beyond the authorized level for your office
- Administering anesthesia without qualified staff or equipment
3. Emergency Preparedness Failures
- No crash cart or emergency medication on-site
- Lack of written protocols for emergencies
4. Failure to Report Adverse Incidents
- Not reporting post-op complications within 15 days
- Concealing or minimizing reportable events
5. Recordkeeping and Consent Issues
- Missing surgical consent forms
- Incomplete anesthesia records or post-op documentation
6. Staffing and Monitoring Deficiencies
- No post-anesthesia monitoring staff
- Performing procedures without qualified support personnel
Even a single error can lead to an ERO, and multiple violations significantly increase the risk of license restriction.
Penalties for Violations
If DOH confirms a violation of these laws or rules, potential consequences include:
- Emergency restriction or suspension of license
- Permanent revocation in egregious cases
- Fines of up to $5,000 per day
- Probation or conditional licensure
- Mandatory continuing education
- Public disciplinary record, visible to employers and patients
How to Respond to an Emergency Restriction Order
Step 1: Do Not Ignore the Order
An ERO is enforceable immediately. Noncompliance could escalate to criminal charges or additional administrative action.
Step 2: Contact Legal Counsel Immediately
The process moves fast. You need an attorney experienced in challenging DOH emergency actions.
Call Elevate Legal Services, PLLC at 561-770-3335 or email [email protected] for immediate representation.
Step 3: Preserve Critical Evidence
Gather all:
- Office surgery registration and inspection records
- Patient consent forms and surgical charts
- Adverse incident reports
- Internal policies and staffing logs
These materials are essential to building your defense.
Step 4: File a Motion to Modify or Stay the ERO (If Applicable)
In some cases, your attorney can argue to lift or narrow the scope of the restriction before the formal hearing takes place.
Step 5: Prepare for a Formal Hearing
You will have the right to challenge the ERO at an administrative hearing before an ALJ (Administrative Law Judge). Preparation may include:
- Presenting expert testimony
- Demonstrating compliance
- Highlighting procedural errors in the issuance of the ERO
Why Choose Elevate Legal Services, PLLC?
At Elevate Legal Services, PLLC, we provide experienced, focused representation for physicians facing DOH investigations and emergency actions.
Our team offers:
- Decades of experience in Florida healthcare and administrative law
- Aggressive representation in ERO defense
- Direct communication and strategic planning
- Successful outcomes in license defense and hearing advocacy
We understand the urgency and complexity of your situation — and we act quickly to protect what matters most.
Final Thoughts
Receiving an Emergency Restriction Order may feel like a career-ending event, but it doesn’t have to be. With the right legal team, you can fight back, protect your license, and preserve your future in medicine.
Call Elevate Legal Services, PLLC at 561-770-3335 or email [email protected] today to schedule a confidential consultation.
Let us help you stand up to DOH and defend your right to practice.
