Call: (407) 331-6620 or (850) 439-1001
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DO NOT VOLUNTARILY RELINQUISH OR GIVE UP YOUR LICENSE
OR ALLOW IT TO EXPIRE WHILE UNDER INVESTIGATION
OR PENDING DISCIPLINARY ACTION
Scenario: Doctor, nurse, psychologist or dentist has a license in State 1 where he or she lives and practices and also in State 2. A complaint is filed with the Department of Health, Professional Board, or other licensing authority in State 1.
Rather than incur the legal expenses involved in defending against the complaint in State 1, doctor, nurse, dentist or psychologist moves to State 2, begins practicing there and voluntarily relinquishes his/her license in State 1.
Unfortunately, in most cases, this is a terrible mistake.
The voluntary relinquishment of the professional license in State 1, while there is a pending complaint, investigation or disciplinary action, will be treated the same as a revocation of the license for disciplinary purposes.
Following are some of the adverse consequences that will follow:
In addition to the above, there are other possible consequences that will come to light only after it is too late to do anything about it.
That is why we urge you to think long and hard before you voluntarily relinquish your license if any complaint has been filed against you or if any investigation has been opened against you. This applies to licenses you may have in other states or which are no longer active.
An investigator or government official may attempt to convince you that it is “in your best interest” to voluntarily relinquish your license. It is not. An investigator or government official may attempt to convince you “it will go easier for you” if you voluntarily give up your professional license. This also is not true. All you are doing is allowing the same effects as a disciplinary revocation to occur without requiring the state to investigate the matter or provide you any due process rights to which you are entitled. You are just making it quick, easy and cheap for the government to take disciplinary action against you, which you are then not even able to appeal.
This article is for information and educational purposes only and does not constitute legal advice. Always check for changes and updates in the laws and regulations.
© Copyright 2012 George F. Indest III, Board Certified by The Florida Bar in Health Law, The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, Florida 32714. Phone: (407) 331-6620. All rights reserved.
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