New Board Members Handbook

18 New Board Members Handbook Voluntary Relinquishment The Respondent may also elect to voluntarily relinquish the license. The voluntary relinquishment, if accepted by the Board, would constitute disciplinary action if there is an open complaint. Key timelines n 180 days to investigate a complaint and recommend findings to probable cause panel n 20 days for Subject to respond to complete investigative file following request for file n 21 days to respond or file election of rights n 45 days to refer case to DOAH following election of formal hearing n 30-70 days in which Administrative Law Judge sets hearing date n 6-year statute of limitation n 30 days to appeal final order 4.3 Unlicensed Activity MQA is charged with stopping unlicensed activity – commonly called ULA. Those individuals who perform regulated health care activities without the proper licensing in Florida are usually committing a felony-level crime. Treatment by an unlicensed provider is dangerous and could result in further injury, disease or even death. When practitioners pay their licensing fees, $5 is designated specifically to combat unlicensed activity. –Section 456.065(3) F.S. Complaint review and investigation occurs in the central Tallahassee offices of the Department of Health and at 11 re - gional offices around the state. MQA can issue cease-and-desist notices and fines against unlicensed providers, but the Division relies on partnerships with local law enforcement for criminal prosecution. In fiscal year 2015-2016, MQA: n Received 1,475 complaints. n Issued 628 cease and desist orders. ULA Investigation ULA investigators perform the “legwork” to establish probable cause. Investigators work undercover, do surveillance, research business records, conduct interviews, and ultimately serve notices. Many investigations are conducted jointly with law enforcement. Often ULA investigators serve on special task forces. Law enforcement uses evidence gathered by DOH investigators for arrest and prosecution of unlicensed providers. MQA depends on its partnerships with other state and federal agencies and local authorities to stop unlicensed activity. But in the end, it’s the people in the neighborhoods who are victimized and who see the activity. If you see unlicensed activity, please report it by calling 1-877-HALT-ULA , emailing HALTULA@flhealth.gov or visit- ing the MQA website. www.FLHealthSource.gov 4.4 Enforcement Process https://www.flhealthsource.gov/files/board-members/enforcementProcess.png