By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
I hear again and again from doctors, nurses, dentists, mental health counselors, and other health professionals that they received a letter from the Florida Department of Health (DOH) and did not respond to it. This is very dangerous, and you waive several important rights if you do this.
You Waive Important Rights by Failing to Respond.
While it is true that you do not have to respond to the investigator within the 20 days or 45 days given to you, there are critical reasons why you should at least respond. Make sure that you have requested a copy of the final investigation in writing.
Even if you (or your attorney) decide it is not best to make a statement to the investigator at present, by responding in writing you will help to preserve your other important rights that you would otherwise waive.
Rights that you would waive include:
1. The right to request and receive a copy of the report of investigation when it is completed.
2. The right to file a statement and additional documents to rebut the report of investigation.
(Note: The foregoing two rights are your statutory rights under Florida law that must be honored if you have properly invoked them.)
3. The right to be notified of when the case is going to be submitted to the Probable Cause Panel of your professional licensing board.
Otherwise, the next thing you might receive, months or years later, would be a formal administrative complaint against you, which will be included on your license and available to the public.
You will not receive a copy of the report of the investigation and the investigation file unless you have previously requested it in writing.
The Complaint, Investigation and Entire Case Are Completely Confidential Until After There is an Administrative Complaint Entered.
Ten days after there is a finding of probable cause by the Probable Cause Panel, or after the administrative complaint has been filed, the case is no longer confidential and is open to the public. Additionally, the fact that there has been an administrative complaint filed against you will be annotated on your license profile and will be available to various national data banks.
Therefore, you should take advantage of the opportunity to obtain additional documents and make additional information available to the DOH, while the case is still confidential and in effect “sealed” from the public.
Such important procedural nuances in the law are the primary reasons you should always retain the services of an experienced board-certified health lawyer if you receive a letter from the Florida DOH notifying you of a possible pending investigation.
Contact Health Law Attorneys Experienced in Department of Health Complaints and Investigations of Health Care Professionals Today.
The attorneys of The Health Law Firm provide legal representation to physicians, dentists, dental hygienists, physicians, nurses, nurse practitioners, CRNAs, pharmacists, psychologists, and other health providers. They have been involved in Department of Health (DOH) investigations, Drug Enforcement Administration (D.E.A.) investigations, F.B.I. investigations, Medicare investigations, Medicaid investigations, and other types of investigations of health professionals and providers.
To contact The Health Law Firm, please call (407) 331-6620 or Toll-Free at (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. The Health Law Firm, 1101 Douglas Avenue, Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or toll-free: (888) 331-6620.
“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 way in any medium without the written permission of the copyright owner. The author of this work reserves the right to have his name associated with any use or publication of this work or any part of it.
