Florida Physicians and Residents: Be Careful when You Delegate
If you are a licensed physician or a medical resident in the state of Florida, you need to be careful to whom you delegate professional responsibilities. If you delegate to an unqualified person, you can lose your license or have your application denied, and with it your ability to earn a living. You can also face administrative fines of up to $10,000 for each offense, and these fines may not be covered by your liability insurance.
If you are a Florida-licensed physician, or medical resident under a licensed physician’s supervision, and have received an administrative complaint from the Department of Health (DOH), you are probably concerned about how this may affect your license. To set up a FREE no-obligation consultation with attorney Jeff Howell or attorney Rickey Strong, contact the law firm of Howell, Buchan & Strong, Attorneys at Law at 850-877-7776. We represent licensed physicians statewide, including out-of-state clients who are concerned about the status of their Florida license.
According to Sections 456.072(1)(p) and 458.331(1)(w), Florida Statutes, the Florida Board of Medicine may discipline your license if you are found to have “[d]elegat[ed] or contract[ed] for the performance of professional responsibilities [to] a person” whom you “know, or ha[ve] reason to know . . . is not qualified by training, experience, and authorization when required to perform them.”
According to Rule 64B8-8.001(2)(w), Florida Administrative Code, the penalty for even a single violation is anywhere between one year of probation to five years suspension followed by probation, and fines of between $1,000 and $10,000 for each violation. If you have a prior disciplinary history, the stipulated fines are between $5,000 and $10,000 for each violation, and your license can be revoked or your application for a license denied. Your disciplinary history is a matter of public record, and will be viewable by patients and prospective employers.
However, these penalties are not set in stone. The Board of Medicine can take into account any number of aggravating or mitigating factors to increase or lesson the penalties set down in the rules. When you have an experienced health care attorney fighting for you, you stand a much better chance of receiving the lowest possible penalty, and even of getting the complaint against you dismissed.
Contact the law firm of Howell, Buchan & Strong, Attorneys at Law at 850-877-7776 to set up your FREE no-obligation consultation with attorney Jeff Howell or attorney Rickey Strong today. DOH has experienced attorneys on its side. So should you!
1. Aggravating and mitigating factors may include, but are not limited to: (a) Exposure of patient or public to injury or potential injury, physical or otherwise: none, slight, severe, or death; (b) Legal status at the time of the offense: no restraints, or legal constraints; (c) The number of counts or separate offenses established; (d) The number of times the same offense or offenses have previously been committed by the licensee or applicant; (e) The disciplinary history of the applicant or licensee in any jurisdiction and the length of practice; (f) Pecuniary benefit or self-gain inuring to the applicant or licensee; (g) The involvement in any violation of Section 458.331, F.S., of the provision of controlled substances for trade, barter or sale, by a licensee. (h) Where a licensee has been charged with violating the standard of care pursuant to Section 458.331(1)(t), F.S., but the licensee, who is also the records owner pursuant to Section 456.057(1), F.S., fails to keep and/or produce the medical records.