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What to Do If You Receive an Emergency Suspension Order (ESO) Against Your Medical or Nursing License

An emergency suspension is very serious and can only be granted if you possess a clear and present danger to the public. The law allows the Director of the Florida Department of Health to obtain an emergency suspension if you have tested positive for drugs in a pre-employment drug screen or an employer sponsored drug screen as it is a presumption of danger. The present danger element is assumed as a rebuttable fact. For all other emergency suspensions the Director must show by clear and convincing evidence that you pose a danger to the public. The emergency suspension means you must immediately cease working. A professional licensing attorney can work with you to determine if an appeal to the Florida Court of Appeals is warranted. If an appeal is warranted, your attorney can work with you to prepare evidence to support your claim that you are not a present danger and that you should be allowed to continue working. You are unable to work until the emergency suspension is lifted or the relevant board makes a ruling regarding the complaint.