If Denial of Licensure is Disciplinary in Nature, Then Agency Must Prove Case by “Clear and Convincing Evidence”
The foregoing case summary was prepared by Mary F. Smallwood, Esquire, of The Administrative Law Section of The Florida Bar. Davis Family Day Care Home (“Davis”) was issued a license as a family day care home in 2007. Davis applied annually for renewal of that license. In 2011, Davis applied for renewal of its license […]
Dentists, Talk to an Attorney Before You Talk to an Investigator
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In Florida, You DO NOT Have to Speak to an Investigator! Despite mailing out hundreds of thousands of postcards and letters to dentists, throughout Florida, we continue to receive calls from new clients and from potential clients, after […]
Florida Dentist Hit with an Emergency Suspension Order for Allegedly Inhaling Nitrous Oxide
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A Debary, Florida, dentist has been served with an emergency suspension order (ESO) by the Florida Department of Health (DOH) for allegedly inhaling nitrous oxide or laughing gas in front of patients. The administrative complaint filed against the […]
Fake Pharmacist Sentenced to Prison for Working in Central Florida Pharmacies
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 2, 2012, a former Altamonte Springs resident was sentenced to three and a half years in federal prison for fraudulently working as a Central Florida pharmacist from 2000 to 2009, according to the Department of Justice […]
Florida Cardiologist Receives Emergency Suspension Order Linked to Stem Cell Treatments
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A Florida cardiologist recently had his medical license emergently suspended by the Florida Department of Health (DOH) for allegedly performing stem cell treatments on a patient. According to the emergency suspension order (ESO), the DOH had previously warned […]
Orlando-based Assisted Living Facilities Appeal ALJ Decision, Win Case Against AHCA
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Two related assisted living facilities (ALFs) based in Orlando won a case against the Agency for Health Care Administration (AHCA) on appeal. The First District Court of Appeal heard the case and filed an opinion in favor of […]
Appeal Court Rules AHCA Was Justified in Withdrawing Home Health Agency’s License Application
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The First District Court of Appeal has ruled that the Agency for Health Care Administration (AHCA) had substantial justification to withdraw a home health agency’s application for licensure in a recent case. To view the opinion, click here. […]
South Florida Man Busted for Fraudulently Working as a Pharmacist
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On July 24, 2012, a 49-year-old man from Ruskin in South Fla., pleaded guilty in federal court to fraudulently working as a Central Florida pharmacist from 2000 to 2009, according to the Department of Justice (DOJ) in a press […]
Consequences of Having Your Massage Therapy License Revoked (Or Relinquishing it after Notice of an Investigation)
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Many massage therapists, when confronted with an investigation against their license, do not fight the charges, sometimes they decide it is cheaper and easier just to give up their license. Either choice is likely to be a mistake. […]
Dentists: Please, Please, Please Talk to an Attorney Before You Talk to an Investigator
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Listen up, In Florida You DO NOT Have to Speak to an Investigator! Despite mailing out hundreds of thousands of postcards and letters to dentists, throughout Florida, we continue to receive calls from new clients and from potential […]
The Collateral Effects of Discipline on Your Nursing License
By George F. Indest, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A. A case involving an arrest or a conviction involving alcohol abuse (DUI/public Intoxication) or drugs (possession, diversion, theft, trafficking) will probably result in an emergency suspension order (ESO) until the entire licensure case is complete. B. Client may […]
Administrative Final Orders Must State Findings of Fact Based on the Evidence Presented
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by the Florida Bar in Health Law Following is a summary of a recent appellate case on an issue relevant to health law: Borges v. Dep’t of Health, 143 So. 3d 1185 (Fla. 3d DCA 2014). Gustavo Borges (Borges) appealed a final order of the […]
Deadline Looming: New Fingerprint Requirement for Florida Massage Therapists
By Lance O. Leider, J.D., The Health Law Firm You can run, but you can’t hide. During the 2014 Legislative Session CS/HB 1065 was passed. This law requires all new applicants and existing massage therapists and establishment owners to submit digital fingerprints. The law has been in effect since July 1, 2014 for new licenses. […]
The 25 Biggest Mistakes Psychologists Make After Being Notified of a Department of Health Complaint
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The investigation of a complaint which could lead to the revocation of a psychologist’s license to practice and the assessment of tens of thousands of dollars in fines, usually starts with a simple letter from the Department of […]
Nurse: Please, Please, Please: Talk to an Attorney Before You Talk to an Investigator
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In Florida, You DO NOT Have to Speak to an Investigator! Despite mailing out hundreds of thousands of postcards and letters to physicians, nurses, dentists, pharmacists, and psychologists throughout Florida, we continue to receive calls from new clients […]
The 25 Biggest Mistakes Nurses Make After Being Notified of a Department of Health Complaint
By Lance Leider, J.D. The investigation of a complaint which could lead to the revocation of a nurse’s license to practice and the assessment of tens of thousands of dollars in fines, usually starts with a simple letter from the Department of Health (DOH). This is a very serious legal matter, and it should be […]
Preserving Your Nursing License: Alternatives to Conviction, Nolo Contendere or Adjudication Withheld
By Lance O. Leider, J.D., and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law As if being faced with the consequences of criminal charges wasn’t frightening enough, physicians, nurses, dentists, psychologists and other health professionals have the added danger of having their licenses disciplined or revoked if […]
Pharmacists: Talk to a Lawyer Before You Talk to an Investigator
By Christopher E. Brown, J.D. In Florida, You DO NOT Have to Speak to an Investigator! Despite mailing out hundreds of thousands of postcards and letters to pharmacists, throughout Florida, we continue to receive calls from new clients and from potential clients, after they have already spoken to and made critical harmful admissions against their […]
Preserve Your Dental License – Pretrial Intervention and Drug Court as Alternatives to Conviction, Nolo Contendere, or Adjudication Withheld
By Lance O. Leider, J.D., and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law As if being faced with the consequences of criminal charges wasn’t frightening enough, physicians, nurses, dentists, psychologists and other health professionals have the added danger of having their licenses disciplined or revoked if […]
The 25 Biggest Mistakes Dentists Make After Being Notified of a Department of Health Complaint
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The investigation of a complaint which could lead to the revocation of a dentist’s license to practice and the assessment of tens of thousands of dollars in fines, usually starts with a simple letter from the Department of […]
South Florida Man Pleads Guilty to Fraudulently Working as a Pharmacist
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On July 24, 2012, a 49-year-old man from Ruskin in South Fla., pleaded guilty in federal court to fraudulently working as a Central Florida pharmacist from 2000 to 2009, according to the Department of Justice (DOJ) in a press […]
Dangerous Dentistry: What One Connecticut Dentist Did That Got His License Suspended
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Connecticut officials have suspended the license of an Enfield, Connecticut, dentist after a patient apparently died in the dentist’s chair on February 17, 2014. In a single visit the dentist allegedly attempted to extract 20 teeth from a […]
The 25 Biggest Mistakes Pharmacists Make After Being Notified of a Department of Health Complaint
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The investigation of a complaint which could lead to the revocation of a pharmacist’s license to practice and the assessment of tens of thousands of dollars in fines, usually starts with a simple letter from the Department of […]
Nurse: Please Talk to an Attorney Before You Talk to an Investigator
By Lance Leider, J.D. In Florida, You DO NOT Have to Speak to an Investigator! Despite mailing out hundreds of thousands of postcards and letters to nurses throughout Florida, we continue to receive calls from new clients and from potential clients, after they have already spoken to and made critical harmful admissions against their own […]
Phony Pharmacist Gets Prison Time for Working at Pharmacies in Central Florida
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 2, 2012, a former Altamonte Springs resident was sentenced to three and a half years in federal prison for fraudulently working as a Central Florida pharmacist from 2000 to 2009, according to the Department of Justice […]
More Than 7,000 Patients of Oklahoma Dentist Are Being Asked to Get Tested for HIV and Hepatitis
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The unsanitary practices of an Oklahoma dentist may have exposed more than 7,000 patients to HIV and hepatitis, according to a number of media sources and the Oklahoma Department of Health (DOH). Currently officials with the Oklahoma DOH […]
Debary Dentist Served with Emergency Suspension Order for Allegedly Inhaling Laughing Gas
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