Phase I of the DOH Complaint Process
*Department of Health complaints and investigations can also happen if the nurse is charged with some sort of criminal misdemeanor charge, such as a DUI, domestic abuse, assault, theft, etc. Florida DOH will also file a complaint against you for charges that happened in another state.
Phase II of the DOH Complaint Process
*Having an attorney on your side increases the chances the Probable Cause Panel will not recommend public disciplinary action against you and your nursing license.
Phase III of the DOH Complaint Process
*It is important that you do not waive your right to demand a Formal Hearing to dispute the facts and charges alleged in the Complaint. You can always change your mind later on and request an "Informal Hearing" after a Formal Hearing has been demanded, but once you select an "Informal Hearing" with the Election of Rights form, you waive your right to challenge the case against you.
Phase IV of the DOH Complaint Process
*A Formal Hearing is similar to a trial in a civil or criminal case. The Administrative Law Judge hears witness testimony, reviews documents and weighs the evidence to determine if the Department of Health has proved its case with the required legal standard of "Clear and Convincing" evidence.
Phase V of the DOH Complaint Process
It is much more difficult to challenge the discipline / punishment ordered by the Board if a Formal Hearing was not demanded. Having an attorney on your side increases your chances that the case against you will be dismissed, or will be kept confidential.
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