Once an Administrative Complaint has been filed against a physician, he or she must determine how to respond. There are essentially three options.
Option 1: Reaching a Settlement with the Department of Health (DOH)
The most common resolution is negotiating a settlement with DOH prosecutors, which must be presented to and approved by the Florida Board of Medicine. The physician must attend this meeting in case the Board has questions. The Board may approve the agreement, reject it entirely, or modify it. If the Board rejects or alters the agreement, the doctor must then decide whether to accept the modifications or pursue another resolution.
Option 2: Informal Hearing Before the Florida Board of Medicine
An informal hearing is available only if the physician does not dispute the allegations. This is common in cases where the charges are indisputable, such as a criminal conviction or disciplinary action from another state. At the hearing, the doctor can present mitigating evidence and argue that the alleged actions do not violate Florida law. However, once the facts are admitted, the Board has full discretion to impose penalties up to license revocation—and appealing the Board’s decision can be difficult.
Option 3: Formal Hearing Before an Administrative Law Judge
If a physician disputes the charges, they can request a hearing before an Administrative Law Judge (ALJ). The ALJ determines the facts and issues a Recommended Order, which is then reviewed by the Board. While this may seem like a fairer process, a recent case highlights the potential pitfalls—even when a judge rules in the physician’s favor.
The Risks of Contesting Charges Before a Judge
A Florida physician practicing holistic medicine was accused of falling below the standard of care by administering cesium chloride infusions to cancer patients without proper monitoring, record-keeping, or informed consent. The Department of Health (DOH) sought license revocation based on these allegations.
Initially, the doctor reached a settlement agreement with the DOH, but the Board rejected it, offering no alternative but full revocation. The physician then pursued a formal hearing.
After a three-day hearing, the Administrative Law Judge ruled in the physician’s favor, finding no violation of the standard of care but confirming record-keeping deficiencies. The judge recommended a $30,000 fine and six months of probation—a far more lenient penalty than the Board had sought.
However, the DOH challenged the ruling, asking the Board to overturn the judge’s findings. Despite the judge’s determination, the Board found that the physician did violate the standard of care and revoked the medical license—a decision that will be difficult to appeal.
Why This Matters for Florida Physicians
This case demonstrates that even when a physician wins before an Administrative Law Judge, the Board of Medicine has the power to override the ruling, redefine the standard of care, and impose severe penalties.
Protect Your Medical License—Get Experienced Legal Representation
As you can see, navigating a disciplinary case is complicated and high-stakes. One misstep can cost you your career. That’s why it is critical to have an experienced Florida medical license defense attorney who understands the Board’s tendencies and how to build the strongest possible case.
At Felder Health Law, Ms. Felder brings over 30 years of experience working with the Florida Board of Medicine. She has the knowledge, strategy, and expertise to protect your license and your future.
Don’t risk your livelihood. Call today for a free, confidential consultation and take the first step toward safeguarding your medical career.
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