Question 1

What should I do if I get a letter from the Department of Health notifying me I am being investigated?

Accepted Answer

Although it is possible to represent yourself in an investigation, the best chance of having a case dismissed and thus avoiding a long, potentially costly investigation and public complaint is to find an attorney who has experience defending healthcare providers before the Board of Medicine or other healthcare boards.  An experienced attorney will help you determine whether it is in your best interest to provide a response to the investigation, based on the evidence available to the Department of Health, and if so, to ensure any response provided is helpful to you and will not be used against you at any point in the case.  
Whether represented or not, it is important to understand that you are not required to speak with anyone at the Department of Health, and we highly recommend you do not do so.  Any communications should be in writing, to avoid the possibility of miscommunication or misunderstandings.

We are happy to have a free consultation with you to discuss how we can assist you with a Department of Health investigation.

Question 2

I just received a call from someone at the Professionals Resource Network.  They want to speak with me immediately about an allegation of drug use, and indicated that my license could be suspended if I do not call them back.  What should I do?

Accepted Answer

The Professionals Resource Network (PRN) is the Department of Health's contracted consultant for cases involving allegations of drug or alcohol abuse or physical or mental impairment involving physicians and other licensed healthcare providers.  The Intervention Project for Nurses (IPN) is a similar impairment consultant for the Board of Nursing.  
If PRN or IPN are notified either directly or by the Department of Health that a healthcare practitioner may be impaired, they will reach out to the practitioner to try to talk to them directly about the allegation. Note that many of the allegations are made anonymously.  Other allegations are very vague and cannot be proven.  Nonetheless, PRN or IPN will seek to obtain information that could support the allegations, and will suggest the practitioner obtain an evaluation by one of its evaluators to confirm whether the individual is impaired.  They may say that unless you agree to be evaluated, the Department will be notified and your license may be suspended or revoked. 
The consequences of these cases can be severe and immediate, as the Department of Health has the authority to immediately suspend the license of a practitioner suspected of being impaired and unable to practice with skill and safety.  In addition, anything you say to PRN or IPN will be recorded and may be used against you in a proceeding to revoke or suspend your license if you do not cooperate with them.  To protect your license, we strongly recommend that you speak with an attorney before speaking with anyone at PRN or IPN to discuss whether it is in your best interest to speak with them, and the consequences of doing so, or failing to do so.  An experienced attorney will help you determine what information led to the call from PRN or IPN, and how to respond to try to mitigate any action against your healthcare license.

Resources

Understanding Your Options in a Florida Medical License Disciplinary Case

Pathways to Obtaining a Medical License in Florida for International and US Medical Graduates

Key Considerations When Choosing a Healthcare Lawyer

Exemption from Disqualification for Florida Health Care Providers

2024 Laws: New Avenues for Licensure for Foreign-Trained Physicians

The Importance of Compliance: Ensuring Legal and Ethical Practices

Resource Links

Florida Board of Medicine

Florida Department of Health

Florida Division of Administrative Hearings

Professionals Resource Network

Intervention Project for Nurses

National Practitioner Databank

United States Office of the Inspector General

American Board of Medical Specialties

US Drug Enforcement Administration

Laws & Regulations

Florida Statutes

Florida Administrative Code

FAQ's