Prosecution ServicesThe Prosecution Services Unit (PSU) is responsible for providing legal services in the regulation of all health care boards and councils.
Attorneys review the investigative report to recommend a course of action which may include:
- Emergency Order
- Expert Review
- Closing Order
- Administrative Complaint
Emergency Orders are issued by the Department’s State Surgeon General against licensees who pose an immediate threat to the health, safety, and welfare of the people of Florida.
Probable Cause Panel (PCP) - The PCP is a panel of two or three board members, usually one or two licensed health care professionals and a consumer member.
- A Closing Order is recommended if the investigation and/or the expert opinion does not support the allegation(s). The subject and the complainant are notified of the results. The complainant may appeal the decision of the probable cause panel within sixty (60) days of notification by providing additional information for consideration.
Note: Cases closed with no finding of probable cause are generally confidential and are not available through a public records request.
- An Administrative Complaint (AC) is recommended when the investigation and/or the expert opinion supports the allegation(s). The subject is entitled to a copy of the complete case prior to the probable cause panel meeting.
When an AC is filed with the Department of Health’s Agency Clerk, the subject has the right to choose one of the following:
- Hearings Involving Disputed Issues of Material Fact - The subject disputes the facts in the Administrative Complaint and elects to have a hearing before the Division of Administrative Hearings (DOAH). If this occurs, all parties may be asked to testify.
- Consent/Stipulation Agreement - The subject enters into an agreement to be presented before the board or department. Terms of this agreement may impose penalties negotiated between the subject or the subject’s attorney and the department’s attorney.
- Hearings Not Involving Disputed Issues of Material Fact - The subject of the complaint does not dispute the facts in the Administrative Complaint. The subject elects to be heard before the professional board or department. At that time, the subject will be permitted to give oral and/or written evidence in mitigation or in opposition to the agency action
- Voluntary Relinquishment of License - The subject of the Administrative Complaint elects to surrender the license and to cease practice.
Final Action before the board or department - Cases (includes all of the above, as well as cases where the subject has failed to respond) are presented before the professional board or department for final agency action. The subject may be required to appear before the board or department. The complainant is notified of the date and location where the case will be heard and may attend.
If the subject is entitled to and appeals the final decision, the PSU attorney defends the final order before the appropriate appellate court.