• Complaint Process
• General Office Practices/Protocols
• Medical Records
• Public Information/Disclosure
• Additional Information – Board Links
| Q. | Who can file a complaint? |
| A. | Anyone can file a complaint. Complaints should be clearly written or typed, and signed. |
| Q. | Can a complaint be filed against more than one person? |
| A. | Yes. |
| Q. | Against whom can complaints be filed? |
| A. | Complaints can be filed against any healthcare practitioner or facility licensed or regulated by the Department of Health’s Division of Medical Quality Assurance (MQA). Complaints can also be filed against any individual or facility providing heath care services regulated by MQA without a valid Florida license. Information on Regulated Professions
To file a complaint on a non-medical related business or profession, please visit the Department of Business and Professional Regulation. |
| Q. | Where can complaints against a Hospital, an Assisted Living Facility or a Nursing Home be filed? |
| A. | Complaints against hospitals, assisted living facilities and nursing homes should be filed with the Agency for Healthcare Administration. Agency for Healthcare Administration |
| Q. | Is there a time limit for filing a complaint? |
| A. | Yes, as provided below:
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| Q. | How are complaints filed? |
| A. | Complaints can be filed by printing the Complaint and the Authorization for Release of Patient Records forms below or calling 1-888 419-3456 or (850) 245-4339 and requesting by mail. Delays may be avoided by completing all sections of the forms and attaching the requested information. Complaints should be clearly written or typed, and signed.
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| Q. | What happens to a complaint once it is filed? |
| A. | It is:
Healthcare Practitioner Regulatory Process Chart (pdf - 80kb) |
| Q. | Will the practitioner know that a complaint has been filed? |
| A. | Florida Statutes require that if the complaint is opened for investigation, the healthcare practitioner be given a copy of the complaint. |
| Q. | Are complaints confidential? |
| A. | Complaints remain confidential until ten days after the probable cause panel of the Board has determined that a violation has occurred. Patient identity and patient records remain confidential at all times. |
| Q. | Can a complaint be filed electronically from the website? |
| A. | No, but a copy of the complaint form may be printed from the website and mailed or faxed. |
| Q. | Does it cost anything to file a complaint? |
| A. | No; however, the person filing the complaint may be required to pay for copies of medical records. |
| Q. | What happens to the healthcare practitioner as a result of a complaint? |
| A. | If the practitioner is found to have violated the law, the department or regulatory board may issue a citation or impose one or more of the following penalties:
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| Q. | Will the person filing the complaint be required to participate in the investigation? |
| A. | The department may contact the person filing the complaint to request additional information or to testify in a formal hearing before the Division of Administrative Hearings. |
| Q. | What issues may not be investigated by MQA? |
| A. |
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| Q. | Who will be notified throughout the process? |
| A. | The person filing the complaint and the healthcare practitioner will be notified periodically in writing of the status of the complaint. (It is important that the department be advised of any address change.) |
| Q. | Will a pending criminal or civil action prevent the filing of a complaint? |
| A. | No. |
General Office Practices/Protocols
| Q. | Are physicians required to have a chaperone present in the room when examining patients? |
| A. | No. |
| Q. | Can a heath care practitioner refuse to treat a patient? |
| A. | Yes. |
| Q. | Does a heath care practitioner have to accept new patients? |
| A. | No. |
| Q. | How long must a healthcare practitioner maintain a patient’s records? |
| A. | Generally, records will be maintained for four (4) or five (5) years from last patient contact, depending on the rule or statute of the profession. |
| Q. | Can patients obtain their records from a healthcare practitioner? |
| A. | Yes. Section 456.057, Florida Statutes, allows patients or their legal representative to receive copies of all reports and records relating to an examination or treatment by a healthcare practitioner. However, when psychiatric, psychological, or psychotherapeutic records are requested by the patient or the patient's legal representative, the healthcare practitioner may provide a report of examination and treatment instead of copies of records. |
| Q. | Can a healthcare practitioner charge for records? |
| A. | Yes. Section 456.057, Florida Statutes, allows a health care practitioner to charge no more than the actual cost of copying, which may include reasonable staff time or an amount designated by rules provided by the regulatory board. |
| Q. | What if a healthcare practitioner refuses to provide copies of patient records? |
| A. | A complaint may be filed with the Consumer Services Unit. |
| Q. | Is a healthcare practitioner required to provide copies of patient records received from other healthcare practitioners? |
| A. | Yes; however, the practitioner may charge for the copies. |
| Q. | Does MQA provide discipline information on healthcare practitioners and facilities? |
| A. | Yes, disciplinary information on all healthcare professions and establishments regulated by MQA are included in the License Lookupsearch system. Please see our List of Regulated Professions for assistance in locating the profession you are seeking. |
| MISSION: | To protect, promote & improve the health of all people in Florida through integrated state, county, & community efforts. |
| VISION: | To be the Healthiest State in the Nation |
| PURPOSE: | To protect the public and make Florida the healthiest state in the nation through health care licensure, enforcement, and information. |
| FOCUS: | To be the nation's leader in quality health care regulation. |
| VALUES: | I CARE (Innovation, Collaboration, Accountability, Responsiveness, Excellence) |
