Health Care Professionals: Florida Department of Health Investigations–How to Respond
When you receive a telephone call, visit, or letter from an investigator for the Florida Department of Health or your professional licensing board, your professional license, career, and livelihood may be in jeopardy. These investigations, interviews and communications are not informal. They are serious and important. The investigations are conducted by trained investigators and sometimes law enforcement. Anything you say can and will be used against you. Your unadvised participation can lead to severe consequences.
Licensing boards and the Department of Health hire experts and experienced officers to conduct the investigations. They subpoena records and information from witnesses. They rely upon legal counsel in their prosecution of complaints. Your unrepresented participation in an investigation is a significant disadvantage. It is critical that you consult with legal counsel before engaging in any conversation with the investigator.
Here are some of the steps that your attorney may take in your defense before you respond to the investigator:
- Meet with you to understand the underlying alleged conduct as well as related personal and professional factors
- Request the production of available relevant records
- Consult with a medical expert
- Obtain a forensic evaluation
- Request mitigation records
- Review of recent relevant case law
- Speak with potential witnesses and collect sworn statements as needed
- Draft a written response with supportive documentary evidence to be submitted on your behalf
Legal representation and these steps may help you achieve a favorable outcome such as the closure of the file, avoidance of an administrative complaint, or favorable resolution of an administrative complaint if one is filed.