Q4 • Quarterly Performance Report 2021-22 9 Enforcement Data Figure 5.1: Enforcement Process Explained Final Order Imposing Discipline Filed Full Board Action and Deposition Informal Board Hearing (No Dispute) Board Hearing Waived (No Dispute) DOAH Hearing Settlement for Board Approval Appeal Procedures Compliance Monitoring Election of Rights Administrative Complaint Filed Complaints Received Analysis Legally Non-Sufficient Investigation Disputed Citation Issued Attorney Review Probable Cause Review Non-Disputed Final Order Referral Complaint Closed Dismissal (No Probable Cause) Probable Cause Prosecution Emergency Action Mediation The Consumer Services Unit (CSU), Investigative Services Unit (ISU), and Compliance Management Unit (CMU) investigate complaints involving regulated health care practitioners. Together, these units comprise the Bureau of Enforcement, which collaborates with the Prosecution Services Unit (PSU) to enforce appropriate Florida Statutes, rules, and laws. CSU investigators and analysts identify, analyze, monitor, and centralize all complaints. During the fourth quarter, CSU received 12,133 complaints alleging the improper practice of a health care profession or the operation of establishments without an appropriate license. Of those complaints, 1,392 were deemed legally sufficient. As the investigative arm of MQA, ISU tasks professional investigators and licensed dentists, nurses, and pharmacists with conducting inspections, interviews, and evidence collection. During the fourth quarter, a total of 1,340 investigations were completed and then presented to PSU with the corresponding Investigative Reports. 330 Instances of probable cause and 749 instances of no probable cause were determined, 56 cases were dismissed, and 49 citations were issued. PSU attorneys litigate disciplinary cases on behalf of the health care regulatory boards and councils by reviewing investigations, drafting Emergency Orders, and providing boards and councils with disciplinary recommendations. Emergency action is imposed for violations that pose an immediate and severe threat to the public, per section 456.074, Florida Statutes. Of the 59 Emergency Orders issued during the fourth quarter, 68% were Emergency Suspension Orders whereas 32% were Emergency Restriction Orders. After final orders are imposed, CMU works with licensees to ensure compliance with applicable terms and penalties. During the fourth quarter, 291 final orders were imposed and, of the $642,067.73 fines and costs imposed by final orders, 61% or $392,187.40 was collected. The majority of active cases that remain are located in CSU at 10,065 active cases, followed by CMU at 5,484, PSU at 4,760, and ISU at 704.
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