If you are an Osteopathic Physician in Florida and have received an Administrative Complaint from the Florida Department of Health (DOH) for violating Florida Statute 459.015(1)(b), your medical license, reputation, and career are at serious risk. This statute allows DOH to take disciplinary action if your license or authority to practice osteopathic medicine has been revoked, suspended, denied, or otherwise acted against by a licensing authority in another state or jurisdiction.
At Elevate Legal Services, PLLC, we specialize in defending osteopathic physicians facing DOH Administrative Complaints and disciplinary actions. If you are accused of licensing violations, disciplinary issues, or negligence related to past infractions, it is crucial to take immediate action to protect your medical license.
Call Elevate Legal Services, PLLC, today at 561-770-3335 or email [email protected] to discuss your case and receive a strong legal defense.
Understanding Florida Statute 459.015(1)(b)
What is Florida Statute 459.015(1)(b)?
Florida Statute 459.015(1)(b) states that disciplinary action may be taken against an osteopathic physician if:
“The physician has had a license or the authority to practice osteopathic medicine revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction, including its agencies or subdivisions.”
This means that if your osteopathic medical license has been suspended, revoked, or subjected to disciplinary action in another state, Florida’s DOH and the Board of Osteopathic Medicine may also take action against your Florida license.
Common Violations of Florida Statute 459.015(1)(b)
1. License Revocation or Suspension in Another State
- Having your osteopathic medical license revoked or suspended in another state
- Failing to report disciplinary actions from another state to the Florida Board of Osteopathic Medicine
2. Denial of Licensure Due to Past Disciplinary Actions
- Being denied a medical license in another state due to prior misconduct, malpractice, or ethical violations
- Attempting to obtain a Florida license while facing unresolved disciplinary actions in another jurisdiction
3. Medical Malpractice or Gross Negligence
- Being found liable for medical malpractice in another state, leading to disciplinary action
- Failure to meet the standard of care, resulting in patient harm and license suspension
4. Substance Abuse and Impairment Issues
- Having a license suspended or revoked due to drug or alcohol abuse affecting medical judgment
- Failing to complete mandatory substance abuse treatment programs as ordered by a licensing board
5. Prescription Drug Violations and DEA Infractions
- Facing disciplinary action for overprescribing controlled substances, leading to DEA investigations
- Prescribing medications without proper patient evaluation or medical necessity
6. Fraudulent or False Representation on Licensing Applications
- Providing false credentials, documents, or work history on a Florida license application
- Failing to disclose prior disciplinary actions or criminal convictions when applying for a Florida osteopathic license
7. Unethical or Unprofessional Conduct
- Engaging in sexual misconduct or inappropriate relationships with patients, leading to license suspension in another state
- Billing fraud, insurance fraud, or Medicaid/Medicare fraud, resulting in disciplinary action elsewhere
8. Criminal Convictions Related to Medical Practice
- Having a license suspended due to felony convictions, including fraud, drug trafficking, or assault
- Practicing medicine while under criminal investigation, leading to disciplinary action in another state
Unique Violations of Florida Statute 459.015(1)(b)
Practicing Without a License in Another State
- Being caught practicing medicine without a valid license in another state
- Allowing a medical license to lapse but continuing to see patients, leading to disciplinary action
Failure to Complete Probation or Licensing Board Orders
- Being placed on probation by a medical board in another state and failing to comply
- Ignoring a licensing board’s orders for continuing education or monitoring, resulting in further discipline
Telemedicine Violations Across State Lines
- Providing telemedicine services without proper licensing in a state that requires separate authorization
- Prescribing medication via telehealth without conducting proper evaluations, leading to action by another board
Medical Research Misconduct
- Being sanctioned for falsifying clinical trial data or research in another state
- Ethical violations in conducting human subject research, leading to license suspension elsewhere
Involvement in Illegal or Unethical Business Practices
- Running illegal pills or engaging in cash-for-prescription schemes
- Colluding with unlicensed individuals to offer osteopathic services
Repeated Licensing Infractions in Multiple States
- Having multiple state licenses revoked or suspended, leading to further action in Florida
- Failing to disclose repeated infractions to the Florida Board of Osteopathic Medicine
Consequences of Violating Florida Statute 459.015(1)(b)
If found in violation of §459.015(1)(b), the Florida Board of Osteopathic Medicine may impose severe penalties, including:
- License suspension or revocation in Florida
- Fines ranging from $1,000 to $10,000 per violation
- Probationary status and mandatory compliance monitoring
- Mandatory continuing education courses on ethics and medical practice laws
- Public disciplinary actions that could harm future employment opportunities
Potential criminal charges if fraud or misconduct is involved
How to Defend Against a DOH Administrative Complaint
If you receive a DOH Notice of Violation, you must act immediately to protect your osteopathic medical license and career.
1. Review the Complaint and Gather Documentation
- Identify the specific disciplinary actions taken against you in other jurisdictions
- Collect legal documents, compliance records, and letters from licensing boards
- Don’t submit a written or oral response without consulting an attorney
2. Take Corrective Action and Address Past Violations
- If possible, resolve outstanding disciplinary issues in other states
- Provide proof of rehabilitation (e.g., substance abuse treatment, continued medical education)
3. Contact an Experienced DOH Defense Attorney
At Elevate Legal Services, PLLC, we provide legal representation for osteopathic physicians facing DOH complaints. Our legal team will:
- Challenge improper or unjust disciplinary actions
- Negotiate penalty reductions or alternative discipline
- Represent you in DOH hearings and administrative proceedings
Call us at 561-770-3335 or email [email protected] for immediate legal assistance.
Final Thoughts: Protect Your Osteopathic Medical License Today
If you are accused of violating F.S. 459.015(1)(b) due to license revocation, suspension, or other disciplinary actions in another jurisdiction, your Florida osteopathic license is at risk. Ignoring a DOH Administrative Complaint could lead to severe consequences, including permanent license revocation.
At Elevate Legal Services, PLLC, we have successfully defended osteopathic physicians in DOH disciplinary proceedings.
Call us at 561-770-3335 or email [email protected] today to protect your license, reputation, and future.
