New Board Member Handbook

Revised 12/5/2024 - New Board Members Handbook 13 4.1 The Investigative Process Investigative Authority Section 456.073, Florida Statutes, defines the enforcement process for health care practitioner regulation. n Practice Acts n Title 64B, Florida Administrative Code Complaints and reports involving health care practitioners regulated by the department defined in Chapter 456, Florida Statutes are investigated. MQA investigators are trained and familiar with applicable Florida Statutes and Florida Administrative Codes. Consumer Services Unit The Consumer Services Unit (CSU) analyzes all complaints to determine legal sufficiency and may request additional information and documentation. A complaint is legally sufficient if it alleges facts that would constitute a violation of Chapter 456 Florida Statutes, any of the professional practice acts, or any Department or board rule. The Department may require supporting information or documentation to determine legal sufficiency. CSU - Central intake unit for all complaints for the state, including unlicensed activity. CSU determines the initial priority of a case based on the immediacy of the practitioner being a danger to the public. CSU refers licensees to one of the impairment programs if the only allegation is impairment. CSU collects documents, issues subpoenas and prepares investigative reports for the Prosecution Services Unit (PSU) for all desk investigations. CSU also uses expert practitioners to review medical records as a way of determining if the standard of care may have been violated. Investigative Services Unit The Investigative Services Unit (ISU) conducts interviews, collects documents and evidence, prepares investigative reports for the Prosecution Services Unit (PSU) and serves subpoenas and official orders of the Department. n Cases are assigned to ISU field investigators throughout the state. n All cases are continuously monitored to determine if there is risk of immediate serious danger to the public, if so, a request is made to upgrade to a priority investigation. Prosecution Services Unit Once the investigation is complete, the investigative report is sent to the Prosecution Services Unit (PSU). n An attorney (and sometimes a consultant) reviews the report and a recommendation is drafted for the probable cause panel (PCP). n The case is presented to the PCP who decides if probable cause exists to believe a violation has occurred. 4. Enforcement 4.1 Investigation Process 4.2 Disciplinary Process 4.3 Unlicensed Activity 4.4 Enforcement Process

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