Your journey to become a medical doctor was undoubtedly a long and challenging one. Now, as a physician, you are entrusted with significant responsibility; however, you are
also governed by complex laws and strict regulations. No matter how diligent you are in your practice of medicine, you could find yourself facing a complaint filed against you with the Florida Department of Health. Although the complaint may not seem serious, it could negatively impact your reputation, your career, and your future if not addressed quickly and proactively.
If a complaint results in disciplinary action, it could affect your current position as well as potential future employment opportunities. Disciplinary action taken against a Florida medical license is automatically reported to the National Practitioner Data Bank and the Federation of State Medical Boards. Moreover, disciplinary records are permanent unless removed or modified by the reporting entity. To protect your Florida medical license and your career, it is vital that you mount an immediate and thorough defense to any complaint made against you.
If you have reason to believe you are the subject of an investigation or a formal complaint has been filed against you, contact experienced Florida medical license defense attorney Jonathan Rose. With over two decades of experience defending doctors and other healthcare professionals against administrative complaints, license suspensions, and criminal charges, attorney Jonathan Rose is your best choice for protecting your career, your rights, and your future.
For the experienced legal help you need to protect your Florida medical license and your future, call Jonathan Rose today at 407-894-4555 or submit the “Tell Us What Happened” form on our website.
What Actions Can Result in Florida Medical License Discipline?
The grounds for disciplinary action taken against a Florida doctor are governed by Florida Statutes §§ 458.331(1) and 456.072(1), which lists over 50 grounds that may provide the basis for discipline against your medical license. Many of these are construed very broadly, creating a virtual minefield for doctors.
For example, Florida Statutes §§ 458.331(1)(c) allows for disciplinary action to be taken if a physician is convicted of “a crime in any jurisdiction which directly relates to the practice of medicine or to the ability to practice medicine,” which has been interpreted by the Board and appellate courts as virtually any criminal offense. Two other commonly used catch-all grounds used to discipline doctors are §458.331(1)(e) and §458.331(1)(g), which allow discipline for “failing to report to the department any person who the licensee knows is in violation of this chapter or of the rules of the department or the board” and “failing to perform any statutory or legal obligation placed upon a licensed physician.”
If you have been notified you of an investigation or a complaint involving any of the grounds for discipline included in Florida Statute §458.331 or 456.072, you need a Florida defense attorney who specializes in health care law experienced in defending doctors’ licenses. Attorney Jonathan Rose has helped many physicians and other health care providers successfully fight administrative complaints and protect their careers. He will put his skill and years of experience to work aggressively defending your license and protecting your future.
For the help you need defending your Florida medical license, call Jonathan Rose today at 407-894-4555 or submit the “Tell Us What Happened” form on our website.
Florida Medical Malpractice Complaints (Standard of Care Violations) Can Threaten Your Medical License
Florida Medical Malpractice Complaints (Standard of Care Violations)
The historic number and frequency of medical malpractice lawsuits filed against doctors has prompted many Florida physicians to relocate to another state, forego malpractice insurance, or leave the practice of medicine altogether. Although many of these lawsuits are without merit, they can still lead to a costly investigation by the Florida Department of Health that can sully your reputation.
Many doctors fail to realize that the ability to file a standard of care complaint is not limited to patients, nor is a negative outcome required to file a complaint. On the contrary, a complaint could be filed by your employer, a colleague, an employee, a hospital, or anyone else involved in the health care system. Furthermore, a complaint can be filed despite a positive outcome and a happy patient. While these complaints may appear insignificant on their face, you must treat them seriously and address them immediately to protect your medical license.
Often, the key to a winning Florida medical license defense is to get an experienced medical license defense attorney on your side early on so you can address the allegations made against you before the FDH gets too far into the investigation. Your attorney may secure expert witness statements that support your course of treatment and confirm that you adhered to the proper standard of care. If a complaint has been filed against you alleging that you violated the standard of care, you need medical license defense attorney Jonathan Rose by your side throughout the ensuing investigation and potential lawsuit to ensure that your rights and your career are protected.
Drug or Alcohol Abuse Investigations and Complaints Can Result in License Discipline for Doctors
While physicians are held to a higher standard when it comes to the practice of medicine, they are human and can experience the same challenges and suffer from the same afflictions as other people. Consequently, about 10-15 percent of doctors suffer from substance abuse disorder at some point, mirroring the rate of the general public. Unfortunately, however, substance abuse can impact a doctor’s ability to safely practice medicine, which is why the consequences for a doctor suffering from substance abuse disorder can seem harsher than they might be for someone in another profession.
Whether a substance abuse issue actually impairs your ability to practice medicine or not, an allegation or complaint involving a substance abuse problem, or a positive drug test, will typically result in a referral to the Professionals Resource Network (PRN), at a bare minimum.
There is no question that for doctors who need rigorous long-term addiction treatment, PRN is an excellent option. For a physician whose practice of medicine has not been impaired by drugs or alcohol, however, being told by a hospital or administrator that completing a PRN program is a requirement to continue practicing medicine can be a nightmare. The PRN program involves burdensome monitoring and a lengthy time commitment, all while your license to practice medicine is suspended, potentially damaging your career and negatively impacting your future employment opportunities.
If you have received an impairment-related complaint, tested positive on a drug test, or been arrested for driving under the influence (DUI), you need an experienced Florida physician license defense attorney to help keep your license active by mounting a compelling defense to the complaint or challenging the referral to PRN.
Attorney Jonathan Rose has the skill, experience, resources, and commitment necessary to protect your license and your ability to continue practicing medicine.
Criminal Arrests and Convictions Expose Physicians to Criminal and Professional Disciplinary Actions
Because of the broad language used in Florida Statute §458.331(1)(c), almost any arrest, including allegations of domestic violence, driving under the influence, committing healthcare fraud, or accepting kickbacks, can expose you to professional disciplinary action and threaten your license to practice medicine.
As a physician, if you receive a complaint from the Department of Health or have reason to believe that you are the subject of a criminal investigation, it is crucial that you heed the following advice:
- Consult with an Attorney: Regardless of whether you believe the complaint or arrest has merit, consult with a lawyer who has experience with both criminal prosecutions and administrative matters with the Department of Health and the Board of Medicine.
- Wait to Report: Although you are required to report a conviction to the Board within 30 days, you are not required to report an arrest. As such, consult with an attorney about your obligations to report an arrest to the Board before doing so.
- Do Not Speak to Anyone: Do not speak with law enforcement during an investigation without counsel present. An experienced Florida medical license defense attorney can protect your license during an investigation and subsequent legal or administrative proceedings and may be able to prevent an investigation from turning into a complaint or arrest.
The last point is well worth reiterating: having an experienced Florida medical license defense attorney advocating for you during an investigation or during legal or administrative proceedings may be able to end the investigation process before it turns into a complaint or arrest.
Please don’t delay taking an investigation seriously and get the qualified professional help you need to defend your medical license and your career. Contact Attorney Jonathan Rose today at 407-894-4555 or submit the “Tell Us What Happened” form on our website.
Federal and State Kickback Violations Can Result in Large Fines, Prison Time, and Loss of Your Medical License
At the state level, allegations involving physician “kickbacks” are governed by the Florida Patient Brokering Act (Florida Statutes § 817.505), a criminal statute that prohibits paying or receiving any commission or “kickback” for patient referrals. Alleged criminal violations of the Florida anti-kickback statute are charged as felony offenses that are punishable by a lengthy term of imprisonment and hefty fines if convicted. Administrative sanctions for violating the anti-kickback laws can include disciplinary action against your medical license up to and including revocation of your license to practice medicine.
U.S. federal law has a similar anti-kickback provision found in 42 U.S. § 1320(a)-7(b), which prohibits any person or entity from soliciting or receiving any remuneration (including any kickback, bribe, or rebate) for referrals related to arranging for the purchasing or ordering of federally-funded medical goods or services. A criminal conviction of the federal anti-kickback statute carries up to 10 years in prison and/or a fine of up to $100,000.
A violation of the federal anti-kickback statute also triggers liability under the Civil Monetary Penalties Law (CMPL) which carries penalties of up to $50,000 per kickback, in addition to three times the amount of the remuneration and exclusion from participation in Federal healthcare programs.
Moreover, the complex nature of federal investigations can put you at risk of additional allegations. In addition to being charged with a violation of the anti-kickback statute, you could also be charged with additional criminal offenses, such as conspiracy to pay and receive kickbacks, conspiracy to defraud the U.S., healthcare fraud, conspiracy to commit healthcare fraud, money laundering, and making false statements in connection with a federal healthcare program.
If you are the target of a kickback investigation or have been charged with a violation of state or federal anti-kickback laws, make sure you have an attorney experienced in criminal and healthcare law at the state and federal level on your side. Contact attorney Jonathan Rose immediately if you need an attorney to defend you against allegations that you have participated in a kickback scheme at the state or federal level.
Stark Law Violations Can Lead to Civil Monetary Penalties and Disciplinary Action against Your License
Focusing on the prohibition of self-referrals, the federal Stark Law, which is part of the Social Security Act and governed by 42 U.S.C. § 1395, does the following:
- Prohibits a physician from making referrals for certain designated health services (DHS) payable by Medicare to an entity with which he or she (or an immediate family member) has a financial relationship (ownership, investment, or compensation), unless an exception applies.
- Prohibits the entity from presenting or causing to be presented claims to Medicare (or billing another individual, entity, or third-party payer) for those referred services.
- Establishes several specific exceptions and grants the Secretary the authority to create regulatory exceptions for financial relationships that do not pose a risk of program or patient abuse.
Under the Stark Law, “designated health services” include the following:
- Clinical laboratory services
- Physical therapy services
- Occupational therapy services
- Outpatient speech-language pathology services
- Radiology and certain other imaging services
- Radiation therapy services and supplies
- Durable medical equipment and supplies
- Parenteral and enteral nutrients, equipment, and supplies
- Prosthetics, orthotics, and prosthetic devices and supplies
- Home health services
- Outpatient prescription drugs
- Inpatient and outpatient hospital services
A violation of the federal Stark law carries with it significant potential penalties that include denial of payment from the relevant health care program, exclusion from the health care program, an order to refund payment already received, imposition of a $15,000 per service civil monetary penalty, imposition of a $100,000 civil monetary penalty for each arrangement considered to be a circumvention scheme. Furthermore, claims submitted to the government as a result of a self-referral system in violation of the Stark Law may be considered false claims, opening you up to additional liability and potential penalties under the False Claims Act (31 U.S.C. § 3729).
At the state level, the Florida Patient Self-Referral Act, found at Section 456.053 of the Florida Statutes, prohibits conduct very similar to that prohibited by the federal Stark Law.
To fight allegations of Stark Law violations, you need an experienced defense attorney with expertise in health care law and medical license defense. Contact Attorney Jonathan Rose today at 407-894-4555 or submit the “Tell Us What Happened” form on our website to get the help you need.
Health Care Fraud Charges Can Subject You to Harsh Penalties and Disciplinary Action against Your License
Under federal law, 18 U.S. Code §1347, health care fraud is defined as knowingly and willfully executing, or attempting to execute, a scheme or artifice in connection with the delivery of or payment for health care benefits, items, or services to:
- Defraud any health care benefit program OR
- Obtain, by means of false or fraudulent pretenses, representations, or promises, any of the money or property owned by, or under the custody or control of, any health care benefit program.
A health care fraud conviction could subject you to a fine of up to $250,000 and/or up to 10 years in prison. In addition, you can face professional disciplinary action, including the potential revocation of your Florida medical license, even if you are not convicted.
If you have reason to believe you have inadvertently been involved in a health care fraud scheme, or if you have received a target letter indicating you’re being investigated for health care fraud or have already been charged with health care fraud, you need a defense attorney with expertise defending against health care fraud to protect your career, your family, and your future.
Call Jonathan Rose today at 407-894-4555 or submit the “Tell Us What Happened” form on this page to get the experienced help you need.
Overprescribing Allegations Can Result in Serious Criminal Charges and Loss of Your Medical License
Recent state and federal laws have strengthened prescription guidelines, increased educational and reporting requirements and stiffened penalties for overprescribing controlled substances. As a result, state and federal law enforcement agencies have become much more aggressive in investigating and arresting doctors and other healthcare providers suspected of prescribing controlled substances illegally. If law enforcement determines that a doctor has prescribed these medications in a manner that is inconsistent with the practice of medicine, physicians can be charged with drug trafficking. Trafficking charges carry draconian minimum mandatory prison sentences in both state and federal courts. For instance, in Florida state court, if a physician is convicted of prescribing 28 grams of an opioid outside his or her professional practice, the presiding judge must sentence the physician to a minimum of 25 years in state prison.
If you are the target of an investigation related to or have been charged with, illegally prescribing controlled substances, you need to act quickly to protect yourself. Get the help you need from an experienced federal defense attorney with experience in healthcare law. Jonathan Rose has more than two decades of experience defending healthcare practitioners in state and federal court and is dedicated to putting his experience, knowledge, and skill to work creating an aggressive defense that protects you and your future.
Get the help you need from an experienced federal defense attorney with experience in healthcare law. Jonathan Rose has more than twenty-one years of experience in state and federal court. He will put his experience, knowledge, and skill to work for you, developing a powerful, aggressive defense to protect your freedom and your future.
Get Help to Challenge a Florida Medical License Suspension
Your license to practice medicine can be suspended for numerous reasons, including positive drug screens, participation in drug diversion, suspected impairment while practicing, administrative probation violations, failure to comply with PRN, criminal arrests or convictions, failure to complete CMEs, and nonpayment of student loans. While you should always take a license suspension seriously, a suspension or potential suspension does not necessarily have to threaten your career.
You have a right to challenge a suspension order and when done correctly, a challenge may result in the reinstatement of your license.
If your license to practice medicine has been suspended or you have been threatened with suspension, contact Florida physician license defense attorney Jonathan Rose immediately. The time frame within which you must act to challenge a suspension is limited, making it all-the-more important that you consult with attorney Rose as soon as possible to increase the likelihood of a positive outcome.
Get the Experienced Help You Need to Defend Your Florida Medical License, Your Career, and Your Future
As a physician, a threat to your license to practice medicine is a threat to your future. If you are facing criminal, civil, or administrative action against your medical license, you need an attorney with extensive experience in criminal defense and healthcare law in both state and federal court who will aggressively defend you, your rights, and your career.
With over two decades of experience, health care defense attorney Jonathan Rose has helped many Florida doctors successfully challenge administrative complaints, license suspensions, and criminal charges. He knows how investigators and prosecutors work when pursuing complaints against physicians and will put his knowledge, skill and experience to work fighting for your Florida medical license and protecting your future.
When you need to protect your medical license, career, and future, contact Jonathan Rose today by calling 407-894-4555 or filling out our Tell Us What Happened form.