Nondisciplinary Citations and Notices of Noncompliance from Florida Department of Health (DOH)

In the case of what is considered to be a "minor disciplinary infraction," the Florida Department of Health (DOH) is authorized to offer the licensee who is subject of the complaint the option of accepting a Nondisciplinary Citation or a Notice of Noncompliance. This will often carry with it a small fine. Attorneys practicing in this area of the law may jokingly refer to these as "traffic tickets." Timely acceptance will not result in discipline being reflected on your professional license under present laws and regulations.

Physicians, dentists, nurses and other licensed health professionals may be offered these in the event of minor advertising infractions, failure to have the required continuing education courses or requirements, failure to renew a license on time, or other minor infractions. In all cases the licensed health professional will be required to correct the deficiency as part of the process of disposing of the offense in this manner.

It is usually advisable to accept such a Nondisciplinary Citation or a Notice of Noncompliance, provided you can pay the fine and obtain documented proof you have corrected the deficiency within the time specified in the document. If you do, you must be sure to promptly and properly comply with every requirement contained in the document.

If you have proof that you did not commit the offense in the first place or there is other litigation involved, you may desire to not accept the offered disposition of your case. However, we recommend that you consult with an experienced health attorney familiar with such matters prior to making such a decision. If you have received one of these, this will mean that a review of the case by a staff member of the Florida DOH indicates that you were out of compliance with laws or rules and there is a superficial case against you. You may not completely understand the violation or your documentation may not meet DOH requirements. It is important to have an attorney familiar with such cases review your case before acting.

If you send in additional documentation instead of accepting and submitting the offered Nondisciplinary Citation or a Notice of Noncompliance, if you write a letter explaining why you did not commit the offense, or if you take any other action other than accepting, executing and returning the Nondisciplinary Citation or a Notice of Noncompliance in a timely manner, you will be considered to have rejected it. You will not be given a second chance later to accept it later. Then, if you are later determined to have committed the offense, no matter how minor, this will probably result in your having permanent disciplinary action reflected on your license. Don't take a chance, consult an experienced health attorney on this issue.

(revised 8/26/2010)
This is for information purposes only and does not constitute legal advice.

© Copyright 2010 George F. Indest III, Board Certified by The Florida Bar in Health Law, The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, Florida 32714. Phone: (407) 331-6620. All rights reserved.

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