Health Care Professional License Requirements

How does Florida regulate and authorize licenses?   

A “license” to regulate professions and occupations means any permit, registration, certificate, or license issued in Florida. An occupational license is a privilege accorded by the state or its subdivisions to conduct a business at a particular location and is not a property right protected by substantive due process; the denial of such license does not prevent the business owner from pursuing a lawful occupation but merely stops the business from operating at a particular location. Ammons v. Okeechobee County, 710 So. 2d 641 (Fla. 4th DCA 1998).  

On July 1, 2021, the Florida Legislature passed Section 163.211 into law, which prevents any county, municipality, or other political subdivision of Florida from implementing additional licensing requirements for most occupations. Therefore, a prospective applicant only needs to satisfy state statutory requirements. 

Need help receiving, renewing, or defending your license? Schedule your consultation today with a top administrative law and licensing attorney.  

Which laws and regulations apply to Florida health care professional licenses?  

In Florida, health care professional licenses follow regulations from the Florida Department of Health (DOH) through its various boards and councils, including the Board of Medicine, Board of Nursing, and Board of Dentistry. The primary statutes governing the licensure of health care professionals are in Chapter 456 of the Florida Statutes, which covers health professions and occupations.  

The individual licensing boards follow statutes under additional chapters of the Florida Statutes specific to each profession. For example, physician regulations are under Chapter 458, dentists under Chapter 466, and nurses under Chapter 464.  

In addition to state statutes, the licensing boards issue administrative rules that clarify and implement the statutes in the Florida Administrative Code (FAC). Federal regulations and guidelines, such as the Health Insurance Portability and Accountability Act (HIPAA), may also apply.  

What are Florida’s application and retention requirements for health care professional licenses? 

Application Requirements: 

To obtain a health care professional license in Florida, applicants must meet specific criteria set forth by the relevant licensing board. Generally, these criteria include completing an approved educational program, passing scores on national and state examinations, and submitting an application with associated fees. For instance, physicians seeking licensure must graduate from an accredited medical school, complete a residency program, and pass the United States Medical Licensing Examination (USMLE). 

Retention Requirements:

Once licensed, health care professionals must comply with ongoing requirements to maintain their licenses. These requirements vary by profession but often include continuing education, adherence to practice standards and ethical guidelines, and timely license renewal. For example, registered nurses in Florida must complete 24 hours of continuing education every two years and maintain an active status with the Florida Board of Nursing. 

In addition to profession-specific requirements, all health care professionals in Florida must comply with the general provisions outlined in Chapter 456, such as maintaining professional liability insurance and adhering to infection control guidelines. Failure to meet these requirements can result in disciplinary actions, including fines, probation, or even license revocation. 

To determine whether you meet the health care professional license requirements, please contact our office to set up your initial consultation. 

Can the DOH’s license decision be appealed?  

Yes, an adverse license decision made by the DOH is appealable. The authority for appealing such decisions comes from the Florida Administrative Procedure Act (APA), Chapter 120 of the Florida Statutes. Specifically, the right to appeal derives from Florida Statutes §120.569 and §120.57. The APA establishes the framework for challenging agency actions, such as licensing decisions, through administrative hearings and judicial review.  

If an applicant or licensee receives an adverse decision from the DOH, they may request an administrative hearing to challenge it. The request for a hearing must be submitted within the timeframe specified in the agency’s notice, which is generally 15 days from the date of the notice, as provided in Section 120.569(2)(a), Florida Statutes. 

The administrative hearing process commences with submitting a petition for a hearing to the agency. The petition must comply with the requirements outlined in Rule 28-106.201, Florida Administrative Code. If the petitioner qualifies for an administrative hearing, the case is referred to the Division of Administrative Hearings (DOAH) and assigned to an administrative law judge (ALJ). 

The ALJ conducts the hearing, like a trial, with both parties presenting evidence and testimony. After the hearing, the ALJ issues a recommended order, which includes findings of fact, conclusions of law, and a recommendation for a final decision. The DOH then reviews the recommended order and issues a final order, either adopting, modifying, or rejecting the ALJ’s recommendations. 

Suppose the petitioner is unsatisfied with the DOH’s final order. In that case, they can seek judicial review by filing a notice of appeal with the appropriate District Court of Appeal, as provided in Section 120.68, Florida Statutes. The court reviews the case to determine if the agency’s decision follows from competent, substantial evidence and complies with the law. 

Have more questions about a professional licensing-related situation?  

Crucially, this overview of health care professional licenses does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances. 

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively. 

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain a tireless advocate every step of the way. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant. 

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to set up a consultation.