Remain Silent About the Allegation

After an investigation begins, and certainly after an arrest is made, it is important for health care professionals to seek out the services of an experienced criminal defense attorney immediately. Never make a statement to a co-workers, supervisor, disciplinary board, or any law enforcement officer until AFTER you have spoken with your attorney.

The fact that you invoke your right to remain silent is not admissible against you at trial. In other words, the jury is not told in the criminal proceeding that you invoked your right to remain silent or your right to speak to an attorney. On the other hand, if you do speak, those words can be used against you.

For licensed health professionals in Florida the right to remain silent also applies even if a Department of Health (DOH) investigator approaches you to make a statement. By retaining an attorney, your attorney can present favorable information to the investigator on your behalf. Your criminal defense attorney is often in the best position to tell your side the story. Talk with an attorney in order to obtain specific advice related to your specific situation before you make any statements about the facts of the case.

Request to Surrender DEA Certificate of Registration

When a doctor is under criminal investigation (including for offenses such as operating a "pill mill" or improperly prescribing medication), the United States Department of Justice - Drug Enforcement Administration may request that the doctor voluntarily surrender controlled substances privileges by signing a form. The form provides that the doctor understands that he is not required to surrender his controlled substance privileges, but does so freely by executing the form.

The "Voluntary Surrender of Controlled Substances Privileges" form provides:

___ In view of my alleged failure to comply with the Federal requirements pertaining to controlled substances, and as an indication of my good faith in desiring to remedy any incorrect or unlawful practice on my part;

___ In view of my desire to terminate handling of controlled substances listed in Schedule II, III, IV, and V.

By signing the "Voluntary Surrender of Controlled Substances Privileges" document, pursuant to Section 301 of the Controlled Substances Act of 1970 PL 91-513), the doctor is usually agreeing to the following:

• The doctor agrees to voluntarily surrender the Drug Enforcement Administration Certificate of Registration, all controlled substances listed in schedule II, III, and IV, and any unused order forms;
• The doctor agrees to relinquish the privilege to handle controlled substances listed in schedule II, III, IV and V;
• The doctor gives the DEA the authority to revoke and terminate the doctor's registration without a hearing, an order to show cause or any other legal proceeding;
• The doctor agrees not to be issued a new registration certificated for Schedule II, III, IV, or V drugs;
• The doctor waives any refund of payment made in connection with the registration; and
• The doctor agrees that he will not be permitted to prescribe, distribute, possess, administer, or engage in any other controlled substances activities until such time as the doctor is again properly registered.

By signing the voluntary surrender of controlled substances privileges, you are giving up some very important rights. Always talk with a criminal defense attorney before signing any form or agreeing to waive any of your rights.

The Informal or Formal Hearing

If the Florida Department of Health begins an investigation, you may be asked to elect between an "informal hearing" and a "formal hearing." By electing to have an "informal hearing" you are admitting to certain facts contained in the administrative complaint. During an informal hearing you are only allowed to argue mitigation related to the level of discipline that should be imposed (not that the allegations are not true).

For professionals that require top security clearance or special certification in order to practice their chosen career, the impact of an arrest can be a disaster even if they ultimately avoid a conviction. For example, in the health care profession:

1. Any plea of guilty or no contest by any licensed health care professional must be reported to the Department of Health. Any failure to do so within certain deadlines may result in grounds for discipline.
2. The Department of Health will treat a guilty plea the same as a "no contest" or "nolo contendere" plea.
3. The Department of Health will treat a "withhold of adjudication" the same as a conviction.
4. Under Florida Statute Section 456.072(1) and SB1984(2009), any plea entered to resolve certain types of criminal offenses will result in an automatic bar to renewal of a license or the inability to obtain a license for health care professionals.
5. Under Florida Statute Section 456.074(1), a plea to certain types of criminal offenses (regardless of whether the individuals enters a guilty or "no contest plea and regardless of whether the court withholds adjudication) may require an automatic suspension of the health care professional's license.

In these cases, even if the health care professional agrees to voluntarily relinquish the health profession license after a criminal investigation has begun, that voluntary action usually has the same effect as the punitive revocation of the health professional's license.

In these cases, the client really has a least two legal matters to resolve. First, the client must answer the charges in criminal court. Secondly, the health professional must deal with administrative proceedings which could result in the revocation of a health professional's license. Those administrative proceedings are "quasi-penal" proceedings which may entitle the individual to certain constitutional safeguards otherwise reserved for criminal proceedings, such as the right to confront the witnesses and the right to remain silent.

The Effect of a License Revocation or Voluntary Relinquishment

If a health professional arrested for a criminal offense receives any disciplinary action related to his license, if the license is revoke, or if the individual voluntarily relinquishes the license after an investigation has begun, then the following consequences can occur:

1. Your professional license may be revoked in Florida;
2. Your professional license in another state may be revoked;
3. You may be prevented from working even in a different state because the information about a revocation or discipline will be reported to the Federation of State Medical Boards and the National Practitioner Data Bank (NPDB);
4. You may even be disqualified from contracting with the government Medicaid and Medicare programs or even from working with someone who does contract with the government.

Conclusion

If you are a health care professions who has been charged with or arrested for any misdemeanor or felony criminal offense then speak out the services of a qualified criminal defense attorney. Important career consequences occur for health care professionals after an arrest, including physicians, doctors, nurses, chiropractors, dentists, psychologists, therapists, and pharmacists in the State of Florida.

The attorneys at the Sammis Law Firm represent professional in the health care industry in the greater Tampa Bay area for including Tampa and Plant City in Hillsbourgh County, Bartow in Polk County, New Port Richey and Dade City in Pasco County, and St. Petersburg and Clearwater in Pinellas County.

The career consequences for nurses, doctors and other health care professionals are particularly harsh after any felony arrest, or for any misdemeanor involving DUI, domestic violence, possession of marijuana, or a theft, or weapons charges.