By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
Have you recently received a letter from the Florida Department of Health (DOH) advising that your Florida massage therapist license is being investigated for failing to report to your board a prior criminal offense or arrest that you had?
An investigation can be initiated due to even very old arrests you may have. It may also be opened because of prior investigations against you that were conducted by the Army, Navy, or Air Force when you were on active duty in the military.
Many massage therapists licensed in Florida are now receiving letters from the Florida Department of Health (DOH) that an investigation is being opened on them because they had an arrest ten (10), fifteen (15), twenty (20), twenty -five (25) or even more years ago. They failed to report it.
Why Are These Reports Being Made and Investigations Opened?
The Florida DOH has recently required all licensed health professionals to submit fingerprints to obtain new Level 2 background investigations, which are reported to the DOH. Level 2 background screens take advantage of the Federal Criminal Information System, a national reporting data bank that keeps track of every arrest by any law enforcement agency in the United States. It also keeps track of every investigation opened by a military investigative agency, including the Army Criminal Intelligence Division (CID) and the Navy Criminal Investigative Service (NCIS). They may also investigate activities that are considered very minor or, perhaps, not even criminal in nature.
Even though all arrests and military investigations are reported, often the final outcomes, including dismissal of the charges, nolle pros (not prosecuted), or findings of not guilty, are not reported.
If you have a health license in Florida and you have a “conviction,” which includes a plea of nolo contendere (no contest), a finding of adjudication withheld (or adjudication deferred), or a finding of guilty, you were required by law to report this within thirty (30) days. Also, on any license application or renewal application. If you failed to do so, you are now in trouble and may face discipline against your massage therapist license.
You Should Immediately Contact an Experienced Health Law Attorney.
Hiring an experienced health law attorney familiar with your profession and familiar with your board can help you in navigating your way through a complex system fraught t with peril. It could help you avoid making stupid mistakes that will further damage your chances to retain your license and your profession.
Contact Health Law Attorneys Experienced in Handling Licensure Matter and Disciplinary Matters.
The Health Law Firm routinely represents massage therapists, physical therapists, nurses, physicians, pharmacists, dentists, mental health counselors, social workers, and other health practitioners in licensure matters. We frequently consult with criminal defense attorneys regarding defense strategies tailored to minimizing criminal sanctions while at the same time preserving the practitioner’s license.
To contact The Health Law Firm, call (407) 331-6620 or toll-free (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.
About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.
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“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2025, George F. Indest III, The Health Law Firm. All rights reserved. No part of this work may be reproduced in any form in any medium without the express written permission of the copyright holder. The copyright holder reserves the exclusive right to have his name associated with this work.
