Doctor discipline: How it works in Florida

COMPLAINT FILED

A complaint is filed with the Florida Department of Health and the doctor is notified.

SHOULD CHARGES BE FILED?

Within six months, health department officials are supposed to recommend whether charges should be filed.

CHARGES FILED

Recommendations are submitted to a subcommittee of the state boards that regulate doctors (the Board of Medicine for medical doctors or the Board of Osteopathic Medicine for osteopathic physicians). The panel decides whether the health department should file charges. If charges are filed the case becomes public.

EMERGENCY ACTION

The state can restrict or suspend a doctor’s license while charges are pending.

SETTLEMENT AGREEMENTS

Department of Health prosecutors work to build a case. During this time, they may negotiate settlement agreements with the doctors. The majority of cases are resolved through settlements.

STATE BOARDS REVIEW SETTLEMENT

If both sides agree on discipline, the case goes to the full boards, which are comprised of doctors and consumer representatives. Board members can agree to the settlement, or impose harsher or more lenient discipline.

IF THE CASE CAN’T BE SETTLED

Cases occasionally also make their way before a judge with the Florida Division of Administrative Hearings. This agency gets involved when the health department and the accused doctor cannot agree on a settlement and when the doctor disputes the facts of a case.

FINAL DECISION

The recommendations of the administrative judge go back to the board for a final decision.