When your livelihood depends on your professional license, few things are more stressful than the threat of losing it. For Florida physicians, having your medical license revoked doesn’t just impact your career—it can upend your entire life. Whether you practice in a private clinic, hospital, or group setting, it’s critical to understand what can put your license at risk.
Who’s at Risk?
In Florida, physicians are regulated under Chapter 458, Florida Statutes, and are licensed and disciplined by the Florida Board of Medicine through the Department of Health (DOH).
If your role requires a state-issued healthcare license, you’re within the scope of DOH oversight and potential disciplinary action. In Florida, a wide range of healthcare professionals are subject to license revocation, including:
- Physicians (MD/DO)
- Nurses (RN, LPN, NP)
- Pharmacists
- Dentists and Dental Hygienists
- Physician Assistants (PAs)
- Therapists (PT, OT, ST)
- Mental Health Providers (Psychologists, Counselors)
- Chiropractors
- Lab Techs and Medical Technologists
While other healthcare professionals fall under separate boards, this article focuses specifically on doctors (M.D.s) and the disciplinary grounds that apply to them. Here are the most common reasons a doctor might lose their license to practice medicine in Florida, what you should know about each, and when to consult a healthcare licensing defense attorney like Lauren A. Leikam, PLLC.
1. Substance Abuse or Impairment
Florida law is clear: practitioners cannot be impaired while practicing. Under Section 458.331(1)(a), Florida Statutes, impairment due to drugs, alcohol, or mental or physical conditions can lead to mandatory evaluation, suspension, or revocation. While this is straightforward, there are grey areas for healthcare practitioners. What about the use of medical marijuana, for example?
The Florida Department of Health may refer impaired physicians to the Professionals Resource Network (PRN, a confidential program designed to help doctors recover and return to safe practice. While these programs aim to help professionals recover and return to safe practice, failure to participate or relapse can result in medical license suspension or revocation.
If you’re struggling with allegations of alcohol abuse, controlled substance use, or other drug use, seek legal guidance early. The path to recovery doesn’t always have to cost you your career, but you do need to understand the options available to you with the help of an attorney.
2. Criminal Charges or Convictions
A criminal arrest doesn’t automatically mean your license will be revoked. But certain convictions (especially those involving a felony, moral turpitude, fraud, or patient harm with convincing evidence) can trigger DOH investigations and disciplinary action.
Criminal acts that often place a physician’s license at risk include:
- Drug possession or trafficking
- DUI (especially repeat offenses)
- Domestic violence
- Healthcare fraud
In some cases, the DOH may act even before a case is resolved in court.
Not all defense strategies protect your professional standing. If you’re arrested or charged, consult a healthcare medical licensing defense attorney who understands both criminal law and physician licensing defense.
3. Sexual Conduct
Sexual misconduct in the practice of medicine is one of the most serious violations under Florida law and almost always results in license revocation. Any sexual contact, advances, or boundary violations with a current patient (whether consensual or not) are prohibited.
Florida’s Board of Medicine enforces a zero-tolerance policy for sexual misconduct to protect patients and preserve public trust. Allegations of sexual misconduct can result in emergency suspension, permanent revocation, and reporting to the National Practitioner Data Bank.
4. Documentation and Charting Errors
Accurate and complete documentation isn’t just a best practice. It’s required. Medical records are legal documents, and failure to chart properly can lead to claims of negligence, fraud, or substandard care.
Examples that may raise red flags:
- Altering patient records
- Falsifying notes
- Incomplete or inconsistent charting
- Billing for services not documented
Documentation issues often show up in Medicaid audits, complaints from patients or employers, or malpractice claims. Any of these can result in a DOH complaint, which can lead to a state medical board investigation and criminal charges and penalties.
5. Violation of a Board Order
If you’ve previously faced discipline and are under a Final Order from the Board of Medicine, you must comply with all terms. That might include:
- Fines
- Continuing education
- Probation reporting
- Abstaining from substances
Violating any part of a board order can lead to more severe consequences, including license revocation. It’s essential to understand your obligations and meet them fully. Doctors under probation or monitoring should maintain meticulous compliance records to demonstrate accountability.
6. Fraud or Misrepresentation
Fraudulent or deceptive behavior is one of the fastest ways to lose a medical license; it is unlawful to make misleading, deceptive, or fraudulent representations related to the practice of medicine.
Florida law prohibits:
- Submitting false claims to insurers
- Misrepresenting credentials
- Falsifying continuing education credits
- Lying on licensure applications or renewals
Even one instance of fraud can provoke suspension and revocation proceedings by the DOH.
7. Failure to Report Required Information
Failing to report required information to the Florida Department of Health (DOH) can lead to serious disciplinary action. In addition, physicians must disclose any criminal convictions, guilty pleas, or no contest pleas within 30 days as required under DOH rules. Many doctors overlook these reporting requirements, assuming the DOH will be notified automatically. Failure to report often leads to separate disciplinary charges, compounding the original issue.
Timely and accurate reporting is essential to maintaining good standing with the Board of Medicine.
8. Negligence or Substandard Care
Medical errors happen. But repeated mistakes, serious lapses in judgment, or harm resulting from gross negligence can all prompt DOH action.
The Board of Medicine evaluates whether a physician’s conduct departed from the prevailing professional standard of care.
Repeated mistakes, improper treatment decisions, or a pattern of substandard care can all result in administrative complaints, civil malpractice claims, or both. Even without a malpractice lawsuit, a DOH complaint alone can jeopardize your license.
If a patient files a complaint, consult counsel before responding. Anything you submit to the DOH can be used against you in later proceedings.
Protect yourself. If a patient files a complaint, don’t respond alone. What you say can and likely will be used against you.
9. Practicing Without a Valid License
Your license must be active and in good standing. Practicing with a suspended, expired, or inactive license is a direct path to disciplinary action.
This often happens by mistake: a missed renewal deadline, or a hold placed for unpaid fines or missing CE credits. However, unintentional practice without a valid license still carries serious penalties, including fines, suspension, or criminal referral.
10. Inappropriate Prescribing
With Florida’s strict regulations on controlled substances, prescribing or dispensing medication outside accepted standards can trigger DOH investigations or DEA involvement.
Common red flags include:
- Overprescribing opioids
- Prescribing without proper documentation
- Failing to consult or document PDMP checks
The Florida Board of Medicine closely reviews controlled substance prescribing patterns, and violations can result in suspension, fines, or permanent revocation.
What to Do If You’re Facing a DOH Complaint
If you’ve received a letter from the Florida Department of Health or have reason to believe a complaint has been filed against you, time matters. A formal complaint is not a conviction, but your response is critical.
Here’s what you should do:
- Don’t ignore it. Time limits apply, and silence can be seen as noncooperation.
- Don’t talk to investigators alone. Statements made without counsel can complicate your case.
- Consult with experienced healthcare licensing defense attorney Lauren A. Leikam, who understands the healthcare regulatory landscape.
Can you get a medical license reinstated? It really depends on your legal situation, whether it’s been revoked, and the criminal charges you face.
Protect Your Medical License And Your Future
Losing your medical license can happen faster than you think. If you’re under investigation, facing a complaint, or dealing with a state medical board order, early legal representation can make a difference in how your case unfolds.
Lauren A. Leikam, PLLC, defends Florida physicians facing Board of Medicine and Department of Health (DOH) regulatory board investigations with clarity and purpose. As a former prosecutor for the DOH, Lauren understands both sides of the system and provides clear, informed, and strategic representation for health care services laws across the state of Florida. With extensive experience, including time as a former DOH prosecutor, Lauren understands the rules, the regulators, and the reality of what you’re facing.
A free consultation is a valuable first step to understanding your options. Get in touch today to schedule a confidential consultation. Contact Lauren A. Leikam, PLLC, for your best course of action to protect your physician’s license and continue the practice of medicine.
This blog post is for informational purposes only and does not constitute legal advice. For legal guidance specific to your situation, please contact Lauren A. Leikam, PLLC.
