Emergency Suspension Orders

//Emergency Suspension Orders

Florida Suspends the Licenses of 81 Massage Therapists

佛罗里达州暂停许可证的81个按摩治疗师

据一些来源,国家有关部门宣布暂停超过80按摩治疗师的执照,出现欺诈手段获得的牌照的帮助下,雇员与天然健康的佛罗里达大学。 2012年9月19日,81的紧急停牌订单(ESOS)签署,暂停牌照的按摩治疗师正在进行的调查的一部分。

要看到整个佛罗里达州州长办公室的新闻稿,请点击这里

 

调查发现,超过200治疗师取得执照的欺诈。

根据坦帕湾时报“,今年早些时候,佛罗里达州卫生署(DOH),清水贩运人口特别工作组以及南佛罗里达州的人口贩运问题特别工作组开始调查多种按摩治疗业务。调查转向了200多个按摩治疗师,他似乎已经以欺诈手段获得他们的按摩治疗执照。

 

佛罗里达州的按摩学校员工协助获取欺诈许可证。

它被认为是200人没有注册按摩治疗学校,但没有收到成绩单,从佛罗里达大学的天然保健品,显示他们完成训练。坦帕湾时报“的文章指出,这些人涉嫌个人谁曾在佛罗里达州的一个按摩学校的誊本,以换取支付10,000元及15,000元。

,然后用来按摩执照,卫生署的成绩单。

州长现在已经订购了7天的审查,以确保它们符合执照的要求和规定的按摩学校。当局相信,更多的悬浮液可能会被发出。

 

按摩治疗师的悬浮思想被捆绑到人口贩运。

根据坦帕湾时报“,在新闻发布会上说,当局紧急停工令,在某种程度上,是一个努力的目标佛罗里达州的人口贩运问题。当局说,按摩院是一个典型的地方寻找人口贩运的受害者。

当局还表示,他们不知道,如果这81假的按摩治疗师是人口贩运的受害者。很明显,但是,他们没有合法经营。

点击这里阅读整篇文章,从坦帕湾时报“

 

按摩治疗师的日常法律咨询。

我们经常提醒按摩治疗师和其他持牌的健康专业人士与我们有一个法律咨询:

1。不要说任何卫生署(DOH)研究员,直到你有一个经验丰富的卫生法律律师说。
2。不要让任何书面陈述,或响应卫生署的任何字母,直到你有一个经验丰富的健康律师说。
3。读一切你收到,请务必在截止日期前提交选举的权利(EOR)语句,但只有在与经验丰富的健康律师咨询。
4。你不应该尝试没有律师为自己辩护。
5。尝试谈谈你的出路的情况或解释它在你身边只会伤害你。
6。许多类型的按摩治疗师,保险实际支付的律师来保护你,在这种情况。

 

联系卫生与健康调查部的按摩治疗师经验丰富的律师。

生律师事务所的律师提供法律代表健康(DOH)调查和其他类型的卫生专业人员和供应商的调查部的按摩治疗师。

如要生律师事务所联系,请致电(407)331-6620或(850)439-1001,访问我们的网站www.TheHealthLawFirm.com。

 

作者简介:乔治·F. Indest III,MPA,法学硕士,法学博士,是由佛罗里达州的律师卫生法中委员会认证的。他是总裁兼执行合伙人的生律师事务所,其中有一个国家的做法。其主要办公地点设在佛罗里达州奥兰多市,区。 www.TheHealthLawFirm.com健康律师事务所,1101道格拉斯大道。,阿尔塔蒙特斯普林斯,FL 32714,电话:(407)331-6620。

 

Suspended Florida Massage Therapists are Being Asked to Voluntarily Relinquish Their Licenses

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law, and Christopher E. Brown, J.D.

On September 19, 2012, Florida state authorities announced the suspension of more than 80 massage therapists’ licenses. They are accused of fraudulently obtaining their licenses based on fake documentation obtained from a staff member at the Florida College of Natural Health, in Pompano Beach, Florida. On September 20, 2012, one massage therapist, whose license was suspended, spoke to the Sun Sentinel saying she had legitimately completed all of the requirements to obtain a license and is now being asked by the Department of Health (DOH) to voluntarily relinquish her license.

Click here to read the original blog post on the suspension of 81 massage therapists’ licenses.

Alleged “Rogue” Employee at the Florida College of Natural Health Immediately Let Go from College.

According to the Sun Sentinel, every massage therapist that had his or her license suspended allegedly received fraudulent documents from a “rogue” employee at the Florida College of Natural Health. The documents allegedly made it appear the person had completed the necessary course requirements to obtain a massage therapy license. Officials with the Florida College of Natural Health said the former staff member was immediately terminated when the scam came to light.

DOH Official First Discovered Alleged Fake Documents.

A DOH official noticed the difference between one applicant’s fraudulent credentials and the actual course load at the Florida College of Natural Health, according to the Sun Sentinel. The credentials allegedly stated the applicant had completed a 500-hour massage course, but according to the school, the basic massage program the college offers is 768 hours.

One Suspended Massage Therapist Talks About Having Her License Suspended.

One South Florida massage therapist spoke to the Sun Sentinel about her license suspension. She claims the investigation against her license has no merit, and said she studied at three different schools, including the Florida College of Natural Health. A check on the DOH website, showed that she has been licensed in Florida since 2008.

To read the Sun Sentinel article, click here.

DOH Asking Suspended Massage Therapists to Voluntarily Relinquish Licenses.

According to the now suspended massage therapist, she received a notice of investigation letter from the DOH. Included in the letter was a Voluntary Relinquishment of License form.

There is a blog on our website that talks about the consequences of having a massage therapy license revoked or relinquishing a license upon notice of an investigation. Click here to read this prior blog.

From experience, we know a charge can be filed causing an investigation to be opened against a massage therapist by many different sources and often without any supporting evidence. If challenged and defended by an attorney with knowledge and experience in such matters, these investigations may often be dismissed with no disciplinary action against the massage therapist’s license.

More Consequences of a Voluntary Relinquishment.

A voluntary relinquishment in such circumstances is treated the same as a disciplinary revocation. The negative consequences of this are many and long lasting. They include:

1. Mandatory report to the National Practitioner Data Base (NPDB) (Note:  Healthcare Integrity and Protection Data Bank or HIPDB recently folded into NPDB) which remains there for 50 years.

2. Any other states or jurisdictions in which the client has a license will also initiate action against him or her in that jurisdiction.  (Note:  I have had two clients who had licenses in seven other states).

3. The Office of Inspector General (OIG) of Health and Human Services (HHS) will take action to exclude the provider from the Medicare Program.  If this occurs (and most of these offense require mandatory exclusion) the provider will be placed on the List of Excluded Individuals and Entities (LEIE) maintained by the HHS OIG.

4. If the above occurs, the provider is also automatically “debarred” or prohibited from participating in any capacity in any federal contracting and is placed on the U.S. General Services Administration’s (GSA’s) debarment list.

5. The massage therapist’s national board or certifying organization will act to revoke his or her certification. After this, you won’t be able to be licensed anywhere in the U.S.

For more reasons why a health care provider should not relinquish a professional license, click here.

Contact Health Law Attorneys Experienced with Department of Health (DOH) Investigations of Massage Therapists.

The attorneys of The Health Law Firm provide legal representation to massage therapists in Department of Health (DOH) investigations, licensing matters and other types of investigations of health professionals and providers.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

Clarkson, Brett. “Over 80 Massage Therapists in Trafficking Probe Used Fake Credentials from Same College, Say Regulators.” Sun Sentinel. (September 20, 2012). From: http://articles.sun-sentinel.com/2012-09-20/news/fl-massage-trafficking-20120920_1_massage-therapists-massage-licenses-fake-credentials

About the Authors: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

Christopher E. Brown, J.D., is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.Copyright © 1996-2012 The Health Law Firm. All rights reserved.

The Collateral Effects of Voluntary Relinquishment with Investigation Pending or other Discipline on Your Massage Therapy License

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Many massage therapists are unaware of the drastic long-term effects that discipline on their massage therapist license could have. This includes submitting a voluntary relinquishment of the massage therapist’s license while there is an investigation pending or while there are charges pending. Although this particular article is being prepared specifically for massage therapists, similar principles apply to physicians, nurses, pharmacists, psychologists, dentists, mental health counselors and other licensed health professionals.

A voluntary relinquishment of the license after notice of the opening of an investigation or while a charge is pending is treated the same as a disciplinary revocation of the license. It is reported out the same and is treated the same. In some cases it may even be worse, if the agreement to voluntarily relinquish also includes an agreement to never apply for another license again.

Even discipline on the massage therapy license such as a suspension, probation, restrictions, etc., can have far-lasting adverse repercussions. Most people do not understand what else can happen as a result of a discipline, revocation or even voluntary relinquishment (under these circumstances).

Reports to National Organizations on the Discipline.

First and foremost, the discipline (including voluntary relinquishment) will be a public record. It will also be reported out to national reporting agencies, including the National Practitioner Data Bank (NPDB) and the National Certification Board for Therapeutic Massage and Bodywork (NCBTMB).

As a result of the report to the NPDB, the Office of the Inspector General (OIG) of the U.S. Department of Health and Human Services (HHS) will probably start action to exclude the disciplined therapist from the Medicare Program and place him or her on the OIG’s List of Excluded Individual’s and Entities (LEIE). This will bar you from the Medicare Program or working for or contracting with anyone else who does (including insurer’s medical clinics and most health care providers). This by itself will also have many negative consequences. For example, if you are excluded from the Medicare Program you are automatically placed on the U.S. General Services Administration (GSA) “debarred” list. You are automatically excluded from working for or contracting with, in any capacity, any organization, individual or agency that has any government contracts or accepts any federal funding. This act can bar you from working for a public school, working as a real estate agent, or many other jobs.

The NCBTMB will also take action to revoke your national certification given by the NCBTMB. This will exclude you from being licensed in any other state.

Summary of Adverse Consequences of Revocation or Other Discipline.

To summarize, the most important adverse problems that may be caused as a result of discipline on your license, may include the following:

1. May cause discipline to be commenced against any other health professional license you have, such as a nurse, acupuncture physician, chiropractic assistant, nurse’s aide, home health assistant, etc.

2. Will prevent you from obtaining any health professional license in the future.

3. May cause discipline to be commenced against any massage therapy establishment license for a massage therapy establishment you own in whole or in part.

4. Any other states or jurisdictions in which you have a license will also initiate action against him or her in that jurisdiction.

5. The National Certification Board for Therapeutic Massage and Bodywork (NCBTMB) will also take action to revoke your national certification given by the NCBTMB. This will exclude you from being licensed in any other state and will cause any other state in which you are licensed to take action against you.

6. Mandatory report to the National Practitioner Data Base (NPDB)), which remains there for 50 years. (Note: Healthcare Integrity and Protection Data Bank or HIPDB recently folded into NPDB.)

7. The OIG of HHS will take action to exclude the provider from the Medicare Program. If this occurs, (and most of these offenses require mandatory exclusion) the provider will be placed on the List of Excluded Individuals and Entities (LEIE) maintained by the OIG HHS.

8. If the above occurs, the provider is also automatically “debarred” or prohibited from participating in any capacity in any federal contracting and is placed on the U.S. General Services Administration’s (GSA’s) debarment list.

9. Third party payors (health insurance companies, HMOs, etc.) will terminate the professional’s contract or panel membership with that organization.

10. Regardless of any of the above, any facility licensed by AHCA (hospitals, skilled nursing facilities (SNFs), public health clinics, group homes for the developmentally disabled, etc.) that are required to perform background screenings on their employees will result in AHCA notifying the facility and the professional that he or she is disqualified from employment.

What Can be Done?

If you have submitted a voluntary relinquishment without understanding the consequences, and the Board of Massage Therapy (“Board”) has not acted to accept it, you may withdraw it. What we do is submit a letter to the Executive Director of the Board stating it was submitted by mistake without fully understanding the consequences, and the massage therapist desires to withdraw the voluntary relinquishment. We submit this immediately (keeping a copy, of course) and by certified mail, return receipt requested, so we have proof of sending and proof of receipt.

However, you must also ask for a formal hearing to dispute the facts in your case, as well. We usually do this at the same time and by the same method. If you fail to request a formal hearing, then you are waiving your rights to challenge your guilt or innocence.

If you have requested an informal hearing, you have made a big mistake. For an informal hearing, you admit that everything stated in the complaint against you is true. You have admitted that all of the charges against you are correct, so you are pleading guilty to the charges. You are then giving up the right to have a hearing to determine whether you are really guilty or innocent. All you are going to be arguing about is the punishment you will receive. You will not be allowed to testify on or introduce any evidence on your guilt or innocence.

If you have submitted a request for an informal hearing, not realizing this, then what we usually do is to submit an immediate request to have the hearing changed over to a formal administrative hearing where you are allowed to dispute the facts against you and prove your innocence. In such a case, it is necessary to submit a Petition for a Formal Administrative Hearing and to specify which facts are contested or disputed and why.

The case is then sent to a neutral administrative law judge (ALJ) to hold a hearing on the case. The state Department of Health (DOH) (the parent agency over the Board of Massage Therapy) is then required to prove the facts against you by clear and convincing evidence. In fact, you do not even have to introduce any evidence or testimony, the burden of proof is on the DOH to prove the case against you.

Emergency Suspension Orders (ESOs), Appeals and Election of Rights (EOR) Forms.

In Florida, if you have an Emergency Suspension Order (ESO), you can appeal it to a court of appeal. The problem with this is that it is very technical to do so and is very costly. Call an attorney who specializes in appeals or appellate law and ask. Additionally, the court of appeal only rules on the law and not the facts. The appeal court will be required to accept everything that is stated in the ESO as true. There is no fact hearing, there are only legal arguments. Your basic case will be delayed while this takes place, and you will probably lose on appeal. This may not be the correct choice for you.

However, if there is an ESO, you also have the right to an expedited fact hearing on it. This may be the best course of action if you have documents and facts to show you are not guilty of the charges.

Furthermore, there will also be an additional document served on you, an administrative complaint (AC). When you receive the AC, it will probably say just about the same thing as the ESO. You will be given your hearing rights when this occurs (called an “Election of Rights” form or “EOR”). As we indicated above, you will almost always want to select a formal administrative hearing in which you dispute (challenge or contest) the allegations (charges) made against you. This is the only way you will have the right to have a full and fair hearing on your innocence of the charges. Make sure it is submitted in plenty of time to be received within the 21 days given. Seek legal advice in completing it. Do not admit to anything; you don’t have to as the state DOH has the burden of proof.

The Need for an Experienced Health Law Attorney.

It is very difficult to take the actions necessary yourself if you do not have any legal training. Nonlawyers make many stupid mistakes in these proceedings, including submitting written statements that can be used against them when they do not have to do so, talking to the DOH investigator or Board personnel, talking to the DOH prosecuting attorney, making admissions which can be used against them, and waiving their rights when they do not have to do so.

Most attorneys are not familiar with these types of procedures if they do not practice health law. They do not realize that the same rights which apply in criminal cases also apply to professional licensure cases. You need to find and hire an attorney experienced in this type of case. That would be a health law attorney, and preferably one who is Board Certified by the Florida Bar in Health Law.

What You Should Do.

So the bottom line is that if you are innocent and want to dispute any charges against you, you should:

1. If you have professional insurance coverage, such as HPSO Insurance, see if your insurance will cover your legal defense expenses in this type of case. Many will. We know HPSO will.

2. Act right away to request all of your rights in any matter. Make sure that anything you submit is actually received (not mailed, received) before the deadline given.

3. Do not call, write or speak to the DOH investigator, Board personnel, DOH personnel or the DOH attorney.

4. Do not make a statement, written or oral, to the DOH investigator, Board personnel, DOH personnel or the DOH attorney.

5. Contest (dispute or fight) every action that might be stated against you, including one by the NCBTMB or OIG.

6. Do not admit to anything you don’t have to as the state DOH has the burden of proof.

7. Keep copies of all forms or letters submitted, along with proof of mailing and proof of receipt (send via certified mail, return receipt requested).

8. Retain the services of a health lawyer who has experience in Board of Massage Therapy/Department of Health (DOH) cases (ask him or her how many he or she has actually done). DO THIS FIRST, NOT LAST!

Contact Health Law Attorneys Experienced with Department of Health (DOH) Investigations of Massage Therapists.
The attorneys of The Health Law Firm provide legal representation to massage therapists in Department of Health (DOH) investigations, licensing matters and other types of investigations of health professionals and providers.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1996-2012 The Health Law Firm. All rights reserved.

 

Consequences of Having Your Massage Therapy License Revoked (Or Relinquishing it after Notice of an Investigation)

你的按摩执照吊销的后果(或者收到调查通知你放弃执照的后果)

By George F. Indest III, J.D.,M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

作者:林达思.乔治.佛州注册的健康卫生法方面的资深律师

Many massage therapists, when confronted with an investigation against their license, do not fight the charges, sometimes they decide it is cheaper and easier just to give up their license. Either choice is likely to be a mistake.

很多按摩师在面对他们的执照被调查时,不去反驳对他们的指控,而是选放弃执照并且认为这是一种合算的做法。然而这俩种选择是错误的.

A charge can be filed causing an investigation to be opened against a massage therapist by many different sources and often without any supporting evidence. If challenged and defended by an attorney with knowledge and experience in such matters, these investigations may often be dismissed with no disciplinary action against the massage therapist’s license.

任何不同的信息来源都可导致对按摩师进行调查,并且不需要提供任何证据,在此情况下,如果聘请有经验的律师帮你进行反驳对你的控诉,这些对你的指控很可能就会被撤销,并且不会对你的执照进行纪律处分.
Massage Therapists Often Go on to Obtain Licenses in Other Health Specialties.

按摩师通常会继续努力并获取其它健康卫生方面的执照。

A massage therapist often has to spend tens of thousands of dollars on school tuition and sacrifice a year or more of their lives to meet the basic criteria for licensing. In many cases this is merely a stepping stone for a later degree and license in another healthcare specialty, such as physical therapy, nursing, acupuncture, or chiropractic medicine.

按摩师通常需要花费上万元的学费,并且消耗很多的时间来获取执照. 在很多情况中, 按摩执照只是一个起步石,因为随后很多按摩师会继续努力去获得其它卫生方面的执照,例如物理治疗、护理、针灸、及正骨方面.
Your Professional Reputation and Your Personal Reputation Are Your Greatest Assets.

你的专业名声和你个人的名声是你最大的财富.

One of the maxims that the Romans took as truth was: “A good reputation is more valuable than money,” (attributed to Publilius Syrus approximately 100 B.C.). Socrates wrote in approximately 400 B.C.: “Regard your good name as the richest jewel you can possibly be possessed of.”

罗马有一句名言说:“好的名声比金钱还值钱"。在公元400年前,苏格拉底也曾说过类似的比喻:“好的名声是你拥有的最珍贵的珠宝。”

However, despite the fact that you may have worked hard, sacrificed and paid a fortune for an education and training in massage therapy, many are willing to sacrifice their personal reputation rather than paying a few thousand dollars to fight unjust charges against them. What they do not realize is the permanent black mark that will be placed on their record and the long term devastating consequences of any such action.

然而很多按摩师宁愿牺牲他们的个人名声而不愿花费几千元来请律师帮他们反驳对他们不公平的指控. 虽然他们曾经花费了昂贵的学费,并且非常勤奋的学习才获得了执照. 但他们没意识到的这个污点将会终生留在他们的记录中并且还会导致很严重的后果
Most Massage Therapists Do Not Defend Themselves When Confronted with Charges.

很多按摩师在遭遇指控时并不去反驳对他们的指控。

It is my opinion, based on what I have seen at Florida Board of Massage Therapy meetings and reviewing Florida Board of Massage Therapy meeting minutes, very few massage therapists, when confronted with an investigation or charges, hire an attorney to defend them. This may be because they do not have the financial resources or because they underestimate the harm that will be caused to their personal or professional reputations.

依我个人观点,根据我在佛州委员会会议上看到的,以及查看了佛州按摩会员会的纪录,在按摩师面对对他们的调查时,很少有按摩师聘请有经验的律师来帮助他们进行反驳,这也可能是因为经济的原因,或者他们低估了对他们名声损坏造成的后果

Regardless, in my personal opinion and experience:

不管怎样按照我的经验观点来看:

1. Few massage therapists return their election of rights (EOR) forms on time and therefore, a default is entered against them.

1.很少有按摩师在规定的时间内呈递了权利选择的表,因此,卫生局就会运用预先设定方案对他们进行处分.

2. Few massage therapists return their election of rights (EOR) forms to state they are contesting the facts and desire a formal hearing to contest the charges against them.

2很少有按摩师呈交权利选择的表,并且要求正式听证来对他们提出的指控进行反驳.

3. Few massage therapists even bother to show up at informal hearings involving their licenses.

3很少有按摩师在非正式听证会上出现,即使这是有关对他们执照的指控.

4. When they do, they show up at a hearing with a spouse or friend to represent them instead of an experienced attorney familiar with such matters (Q: If you needed brain surgery, would you have it performed by a spouse or friend instead of an experienced neurosurgeon?)

4即使他们在听证会上出现了,他们也是请来了他们的配偶或者是朋友来代替他们(问:如果你需要进行脑部手术,你是要你的配偶或者朋友来进行这个手术呢、还是请一个脑科专家来主刀?)

5. If they do retain an attorney to advise and represent them, they either go with the cheapest one they can find or go with one who has no experience at all before the Board of Massage Therapy. (Q: If you needed brain surgery, would you pay your family practice physician to perform it?)

5.即使他们聘请了律师,他们也是聘请一些较便宜的或者在按摩会员会方面无经验的律师来代表他们. (问:如果你需要脑部手术,你会聘请你的家庭医生来主刀吗?)

Your Best Line of Defense: Purchase Insurance with Professional License Defense Coverage

你辩护的最好防线是购买覆盖你执照辩护的保险

Often physicians and others concerned about liability issues ask our advice on asset protection in case they are sued. We advise them that their best way of protecting their assets is to purchase good insurance that will pay for a legal defense that protects them against unjust law suit. The same principle applies to massage therapists; except that massage therapy insurance is much, much cheaper, and the major liability that a massage therapist will face is usually from a complaint against his or her license.

通常是医生和其它专业人员在责任问题上向我们咨询有关财产保护的事宜. 我们会建议他们最好的保护财产的方法就是购买最好的保险,其中要包括对执照会法辩护的费用.这也同样适合于按摩执照. 并且按摩的保险相比之下非常便宜.按摩师面对的主要不利的因素就是对其执照的投诉.

If you purchase massage therapy liability insurance, you must make sure that it covers defense expenses of a complaint filed against your license. Many such policies do not. Additionally, you should be sure that it provides at least $25,000 in coverage for such matters. This

should be sufficient to provide adequate coverage in the event a fully contested formal hearing is required to defend you.

如果你购买了责任保险,你必须确保它覆盖了对你的执照进行指控的费用,很多保险单中比无此项,并且你要确定保险中提供了$25000的保险费用.这已经是够包括了对进行听证所需的费用.

We have seen many policies and they are as different as night and day in this coverage. When purchasing a professional liability policy, always ask about such coverage. Get the coverage stated in writing. To date, the only company we have experienced which is providing such coverage for massage therapists, and at an incredibly low price, is Healthcare Providers Service Organization (HPSO). Compare this with whatever you have now. If you know of others that provide this coverage, I would like to hear from you.

我们看到很多的保险单,他们覆盖面时刻在变的。当你购买个人保险单时,应该谨慎的询问保险公司这方面的事宜。并且确保他们要书面写出来。据我们所知,只有Healthcare providers Service Organization 提供此类覆盖章. 与你自己所持有的保险相比较一下,如果你知道其它的保险公司提供此类的覆盖,请告知我.

It has been my personal experience that a massage therapist will be 30 or 40 times more likely to need licensure defense coverage as ever to need defense against a civil lawsuit.

据我个人的经验,按摩师有30倍或40倍的需要 来购买有执照辩护费的保险来预防有可能对你的执照指控的民事诉讼.

Additional Consequences of Discipline on Your Massage Therapy License.

你的按摩执照受到处分的附加后果

There are many, many additional adverse consequences that you will experience if you receive discipline on (especially revocation of) your massage therapy license. First and foremost, this is on your record forever; it never comes off and cannot be expunged. Additionally, it will be reported to the National Practitioner Data Bank (NPDB) and available anywhere you go in the future in any state, to any licensing board. There are many others. I will detail these in a future blog.

你收到按摩执照处分时(尤其是吊销执照)会有一系例非常严重的后果.首先它将会永远留在你的档案中,另外还将会汇报到全国执业人员资料库中,并且不管将来你会到任何一个州,都会被调出,有关这方面的内容我会在其它的博客中详述。
Voluntary Relinquishment after Investigation Has Started Treated as Revocation, the “Death Sentence.”

在调查开始后做出好像要被吊销执照的决定,你选择自动放弃就等于”判死刑”。

Many massage therapists believe that the easy and cheap way out if a complaint is filed and an investigation is opened is to resign their license. This is treated the same as a disciplinary revocation and is reported that way. You should never expect to work in health care again or to have a health professional license in any other health specialty or in any other state.

很多按摩师相信最直接和最容易的办法取消指控就是把这个指控归于档案中,将调查公布于众,和撤销你的执照.这是与纪律处分一回事。你再也不要期望在任何州可以从事健康卫生行业的工作或者获取一个与健康卫生有关的执照了。
Burden of Proof Is on the State to Prove the Allegations Against You; You Don’t Have to Prove Anything

卫生厅里已掌握有大量的证据指控你,你什么也不必证明了。

If the state brings charges against your massage therapy license, the burden of proof is on the state, just as in a criminal investigation. You do not have to prove anything, and in most cases, you should never make any statement to an investigator or attorney representing the state department of health; these can only be used against you to prove the state’s case against you.

如果州里面指控你的按摩执照,那就说明他们已经掌握了足够的证据,这相当于刑事的调查.你什么也不必证明,在多数情况下你绝对不要向调查员或者代表州里面的律师陈述任何事情,这样只会让他们 以此来做为证据指控你。

You can remain silent, not say anything and not produce any evidence, and the state may not have enough witnesses or evidence to ever prove a case against you.

你要保持沉默,不要递交任何证据,州里面也许不会有充分的见证人或证据来指控你.

Most massage therapists, their non-lawyer representatives and their inexperienced lawyer representatives make a very big mistake. They advise the massage therapist to be interviewed or to make a statement “explaining themselves.” There is no criminal defense attorney worth his or her salt that would ever advise a criminal defendant to do this. Why then must they take leave of their senses and advise a health professional to do this in a “quasi-criminal” or “quasi-penal” investigation? This is almost always very bad advice.

对大多数的按摩师来讲,他们所聘请的非律师的代表人或者无经验的代表律师经常会犯一些大错误. 比如他们会建议按摩师去 接受采访或者要尽量为自己解释,这就好像没有刑事辩护律师会建议一个刑事被告犯去这样做, 因为这样做是毫无价值的。那末为什么他们要建议一个卫生专业人员(即按摩师)在同样类似"刑事犯罪"或者"类似刑事"调查中这样做吗?这是一个非常糟糕的建议。

Then, request a formal hearing and contest the facts. Don’t admit to them!

那么,要求正式听证,反驳指控,不要承认!

Conclusion: Defend Your Reputation and Your License.

总结:捍卫你的名声和执照

In conclusion, take precautions and defend your professional livelihood, your professional reputation and your professional license.

总之,采取强防措施,保护你的谋生的专业,你的专业名声,和你的专业执照。

This is Florida. We have hurricanes. If you have a house you own, you purchase insurance on it to protect yourself in the event of a hurricane.

这里是佛州。经常会有暴风。如果你有房子,那末相信你会购买房屋保险来保护你的房子以免遭受暴风的袭击。

Without your license, you will not have an income and you will not be able to even make house payments. Why wouldn’t you purchase professional insurance that would pay for a defense in the event of that worst case scenario, an investigation of your license. Why wouldn’t you defend yourself to the max if this happened? This will probably feel worse to you and have worse long-term implications to you financially than any hurricane.

没有了执照你就没有了收入,甚至不能支付家庭开销。为什么你不购买专业保险,因为 它可以覆盖对你的执照调查的辩诉费用,即使在最坏的情形中。如果事情发生了,你为什么不尽全力去辩护呢?这可能会令你感到无比的糟糕,

并且从经济方面来讲,可能造成非常坏的长期严重后果,甚至比暴风还要糟糕.

Stay tuned to this blog for more.

请经常留意我们的博客。

Don’t Wait Until It’s Too Late; Consult with an Experienced Health Law AttorneyEarly.

不要拖延,尽快咨询有经验的律师

Do not wait until action has been taken against you to consult with an experienced attorney in these matters. Few cases are won on appeal. It is much easier to win your case when there is proper time to prepare and you have requested a formal hearing so that you may actually dispute the facts being alleged against you.

不要等到对你制裁了才来找有经验的律师,在那种情况下,胜诉就不大了,如果你在合适的时间里,认真的准备正式的听证来反驳对你的指控,那么胜诉的机会就会大大提高。
The lawyers of The Health Law Firm are experienced in both formal and informal administrative hearings and in representing massage therapists in investigations and at Florida Board of Massage Therapy hearings. Call now or visit our website www.TheHealthLawFirm.com.

健康律师楼的律师们,在非正式和正式的听证上都有着丰富的经验 我们提供代表在被调查中的按摩师和佛州按摩听证会的服务,请打电话或者访问我们的网站www.TheHealthLaw Firm.com.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620

作者:林达思.乔治是佛州注册的卫生法方面的资深律师.  林律师是律师楼的董事长和合伙人。其执业范围遍布全美。总办会室在 Orlando, Florida, area.  我们的网站: www.TheHealthLawFirm.com  The Health Law Firm , 1101 Douglas Ave, Altamonte springs, FL32714, 电话(407)331-6620.

25 Mistakes Massage Therapists Make After Being Informed of a Department of Health (DOH) Complaint

按摩师在收到卫生局的投诉后所犯的25个最大的错误

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

作者:林达思.乔治-佛州注册的健康卫生法方面的律师

The investigation of a complaint which could lead to the revocation of a massage therapist’s license to practice and the assessment of tens of thousands of dollars in fines, usually starts with a simple letter from the Department of Health (DOH). This is a very serious legal matter and it should be treated as such by the massage therapist who receives it. Yet, in many cases, attorneys are consulted by massage therapists after the entire investigation is over, and they have attempted to represent themselves throughout the case. Often, the mistakes that have been made severely compromise an attorney‘s ability to achieve a favorable result for the massage therapist.

从投诉案件的调查导致按摩执照吊销以及到可能上万元的罚款,这些往往从你收到卫生厅一封简单的信件开始。这是一个很严肃的法律问题。收到信件的按摩师一定要严肃对待,在很多案例中,在调查结束后,按摩师会咨询律师。但是其中很多人试图去自我辩解。通常按摩师所犯的这些错误严重的大大折衷了律师对按摩师提供的辩护。


These are the 25 biggest mistakes we see in the massage therapy cases we are called upon to defend after a DOH investigation has been initiated:

以下是按摩师从开始就犯的25个最大的错误:

  1. Failing to keep a current, valid address on file with the DOH (as required by law), which may seriously delay the receipt of the Uniform Complaint (notice of investigation), letters, and other important correspondence related to the investigation.

 

没有在卫生厅档案中保持你最新的有效地址(这是法律要求的),这就严重延误了你收到正式的投诉信(调查通知),或者其他重要有关回复。

2. Contacting the DOH investigator and providing him/her an oral statement or oral interview. (Note: There is no legal requirement to do this.)

 

联系卫生局的调查人员并提供口头采访(法律没有要求必须这样做)。

3. Making a written statement in response to the “invitation” extended by the DOH investigator to do so. (Note: There is no legal requirement to do this.)

在卫生局调查人员的要求下呈交卫生局书面材料(法律没有要求你必须这样做)。

4. Failing to carefully review the complaint to make sure it has been sent to the correct massage therapist. (Note: Check name and license number).

 

收到信件后没有详细阅读,即没有仔细查看是否此信是寄给正确的按摩师的。(注:要检查你的名字和执照号码)。

5. Failing to ascertain whether or not the investigation is on the “Fast Track” which may then result in an emergency suspension order (ESO) suspending the massage therapist’s license until all proceedings are concluded. (Note: This will usually be the case if there are allegations regarding drug abuse, alcohol abuse, sexual contact with a patient, mental health issues, or failure to comply with PRN instructions.)

没有确定此调查是否在紧急情况下,因为这种情况可导致紧急停止你的按摩执照。(注:这通常涉及到有关药物滥用,酗酒,与病人发生性行为,精神发面的问题或者没有遵守PRN的指引)。

6. Providing a copy of the massage therapist’s curriculum vitae (CV) or resume to the investigator because the investigator requested them to do so. (Note: There is no legal requirement to do this.)

 

在调查人员的要求下呈交给调查员按摩师全部课程的大纲或者简历表(法律并没有要求你这样做)。

7. Believing that if they “just explain it,” the investigation will be closed and the case dropped.

 

相信只要“好好解释”调查就会被关闭,并且案件会被撤消。

8. Failing to submit a timely objection to a DOH subpoena when there are valid grounds to do so.

 

没有及时的呈交反对的传讯给卫生厅,这是法律要求的。
9. Failing to forward a complete copy of the patient record when subpoenaed by the DOH investigator as part of the investigation, when no objection is going to be filed.

 

作为调查的一部分,当卫生厅调查人员传讯你递交有关病人方面记录的复印件,你却没有呈交,而且也没有反对的记录档案。

10. Delegating the task of providing a complete copy of the patient record to office staff, resulting in an incomplete or partial copy being provided.

分配任务给办公室的其他人员,结果导致你呈交的复印件不完全或仅是其中的一部分。

11. Failing to keep an exact copy of any records, documents, letters or statements provided to the investigator.

没有保留调查人员所提供的记录文件信件或陈述文件的复印件。

12. Believing that the investigator has knowledge or experience in health care matters or procedures being investigated.

 

相信调查人员在健康管理或程序方面有相当的知识或者经验。

13. Believing that the investigator is merely attempting to ascertain the truth of the matter and this will result in the matter being dismissed.

 

相信调查人员只是企图确认事实并且最终会撤销控诉。

14. Failing to check to see if their medical malpractice insurance carrier will pay the legal fees to defend them in this investigation.

 

没有查看是否他们的医疗适当保险将会支付他们的辩护费,即在被调查时。

15. Talking to DOH investigators, staff or attorneys, in the mistaken belief that they are capable of doing so without providing information that can and will be used against them.

 

与卫生局的调查人员,办事人员或者律师交谈,并且盲目的认为他们有能力掌握不会提供任何有用的材料被日后用来指控他们。

16. Believing that because they haven’t heard anything for six months or more the matter has “gone away.” The matter does not ever just go away.

 

他们盲目地相信在六个月或者较长的时间内没有任何消息事情就可以过去了。事实上,事情绝对不会就此完结。

17. Failing to submit a written request to the investigator at the beginning of the investigation for a copy of the complete investigation report and file and then following up with additional requests until it is received.

在开始时没有呈交书面申请要求卫生厅递给你一份全面调查的报告和档案。此事要连续请求直到收到为止。

18. Failing to wisely use the time while the investigation is proceeding to interview witnesses, obtain witness statements, conduct research, obtain experts, and perform other tasks that may assist defending the case.

 

再你的案件辨护过程中没有正确的掌握时间,如在调查目击者时,获取目击证词,进行调查研究,获取专家和其他一些方面。

19. Failing to exercise the right of submitting documents, statements, and expert opinions to rebut the findings made in the investigation report before the case is submitted to the Probable Cause Panel of your licensing board for a decision.

 

在你的案件呈交给审查小组裁决之前,没有正确的运用你的权利去上交一些文件,陈述书,和专家的陈词去反驳调查人员对你的指控。

20. Taking legal advice from their colleagues regarding what they should do (or not do) in defending themselves in the investigation.

 

在调查进行中采取同事的建议关于应该如何(或不应如何)去为自己辩护。

21. Retaining “consultants” or other non-lawyer personnel to represent them.

 

聘请“顾问”或者非律师的人员来代表自己。

22. Believing that the case is indefensible so there is no reason to even try to have it dismissed by the Probable Cause Panel.

 

相信案件是无法辩驳的,从而认为没有任何理由去尝试要求审查小组撤销案件。

23. Attempting to defend themselves.

尝试为自己辩护。

24. Believing that because they know someone with the Department of Health or a state legislator, that influence can be exerted to have the case dismissed.

 

盲目的相信他们认识卫生厅的人或者是州立法委员,那么案件就可能会被撤销。

25. Failing to immediately retain the services of a health care attorney who is experienced in such matters to represent them, to communicate with the DOH investigator for them, and to prepare and submit materials to the Probable Cause Panel.

 

没有立即聘请有经验的律师来帮助你,并且由他门与卫生厅沟通,和准备材料呈交给审查团。

Bonus Point: 26. Communicating with the Department of Health about the pending case.

额外:26.与健康部门交流关于待定的案件。

Not every case will require submission of materials to the Probable Cause Panel after the investigation is received and reviewed. There will be a few where the allegations made are not “legally sufficient” and do not constitute an offense for which the massage therapist may be disciplined.

不是每个案件在审查过后还需呈交材料给审查小组。这里将会存在一些已做出的指控为不“充分的合法”,即对不能构成犯罪的按摩治疗师所可能作出纪律处分。

In other cases, an experienced health care attorney may be successful in obtaining a commitment from the DOH attorney to recommend a dismissal to the Probable Cause Panel. In other cases (usually the most serious ones), for tactical reasons, the experienced health care attorney may recommend that you waive your right to have the case submitted to the Probable Cause Panel and that you proceed directly to an administrative hearing. The key to a successful outcome in all of these cases is to obtain the assistance of a health care lawyer who is experienced in appearing before the Board of Medicine in such cases and does soon a regular basis.

在其他的案例中,一个资深的卫生法方面的律师可能会成功的从卫生局的律师方面得到许诺。从而解除在审查小组面前的控诉。其他案件中(通常重大案件中)出于策略的原因,律师会推荐你放弃把你的案件呈献给审查小组,并且直接要求一个正式的听证。成功的关键是在医学委员会面前要找一位有经验的律师帮助你。


Contact Health Law
Attorneys Experienced with Department of Health Investigations of Massage Therapists.

当按摩师被卫生厅调查时,请联系在健康法方面有经验的律师。

The attorneys of The Health Law Firm provide legal representation to massage therapists in Department of Health (DOH) investigations and other types of investigations of health professionals and providers.

 

健康法律师楼的律师们提供按摩师在卫生局调查案件中合法代理人的服务,以及其他形式的有关针对专业人员的调查。

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

 

联系健康法律师楼,请打电话至(407) 331-6620 或 (850) 439-1001 和访问我们的网站:www.TheHealthLawFirm.com.

The Collateral Effects of Voluntary Relinquishment with Investigation Pending or other Discipline on Your Massage Therapy License

当你的按摩执照在被调查或者有其它的纪律处分,你这时选择自动放弃你的执照随之带来的后果

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

作者:林达思.乔治. 佛州注册的健康法的律师。

Many massage therapists are unaware of the drastic long-term effects that discipline on their massage therapist license could have. This includes submitting a voluntary relinquishment of the massage therapist’s license while there is an investigation pending or while there are charges pending. Although this particular article is being prepared specifically for massage therapists, similar principles apply to physicians, nurses, pharmacists, psychologists, dentists, mental health counselors and other licensed health professionals

很多按摩师可能没想到他们的按摩执照被纪律处分所带来的长期严重后果。期中包括他们的执照在被调查中或者其它的未决定的控诉,而他们却在此时选择放弃他们的执照,虽然这篇文章是专门为按摩师们而写的,但是同样适用于医生,护士,药剂师,牙医,精神健康咨询师和及其他持有健康卫生执照之类的专业人士。

A voluntary relinquishment of the license after notice of the opening of an investigation or while a charge is pending is treated the same as a disciplinary revocation of the license. It is reported out the same and is treated the same. In some cases it may even be worse, if the agreement to voluntarily relinquish also includes an agreement to never apply for another license again.

 

如果在收到调查你的执照通知或其它未决定的控诉,你选择放弃执照,这会被当作取消执照一样看待。有关部门会向上级部门汇报,并且处分也是一样的,在有些案例,情况可能会更严重,即如果你选择自动放弃执照,那同样意味着你选择放弃申请其它执照的机会。

Even discipline on the massage therapy license such as a suspension, probation, restrictions, etc., can have far-lasting adverse repercussions. Most people do not understand what else can happen as a result of a discipline, revocation or even voluntary relinquishment (under these circumstances).

即使仅给你的执照予纪律处分,如暂停、检验、或者限制等等。也将会带来长期严重的副作用。很多人不清楚按摩执照被处分,吊销或者自动放弃所带来什么样的后果,下面将详细介绍

Reports to National Organizations on the Discipline.

向全美有关医疗组织汇报。

First and foremost, the discipline (including voluntary relinquishment) will be a public record. It will also be reported out to national reporting agencies, including the National Practitioner Data Bank (NPDB) and the National Certification Board for Therapeutic Massage and Bodywork (NCBTMB).

首先也是最主要的,纪律处分(包括自动放弃)将会成为公共的档案。它也会被上报给国家汇报机构。包括全美专业人员档案库和NCBTMB(全美考试中心)。

As a result of the report to the NPDB, the Office of the Inspector General (OIG) of the U.S. Department of Health and Human Services (HHS) will probably start action to exclude the disciplined therapist from the Medicare Program and place him or her on the OIG’s List of Excluded Individual’s and Entities (LEIE). This will bar you from the Medicare Program or working for or contracting with anyone else who does (including insurer’s medical clinics and most health care providers). This by itself will also have many negative consequences. For example, if you are excluded from the Medicare Program you are automatically placed on the U.S. General Services Administration (GSA) “debarred” list. You

are automatically excluded from working for or contracting with, in any capacity, any organization, individual or agency that has any government contracts or accepts any federal funding. This act can bar you from working for a public school, working as a real estate agent, or many other jobs.

汇报给全美专业人员资料库的后果是,美国人力资源总调查办公室可能就会采取行动把受过纪律处分的人员排除在申请medicare的范围之外,并且把这些人员放在总调查的名单上。这可能就会把你排除在medicare 范围之外或者把你排除在雇用或者签合同的范围之外(包括保险公司的门诊医疗和大多数的医生。同时它本身也还有很多其它的副作用,例如,如果你被排除在接受medicare的范围之外,也就是说、你会自动地被放置于美国总行政服务“禁止”名单上。而且你也会自动被拒绝申请政府方面或者与政府资金有关的工作,这也会阻止你申请学校、房地产代理人、及其它多方面的工作。

The NCBTMB will also take action to revoke your national certification given by the NCBTMB. This will exclude you from being licensed in any other state.

NCBTMB(全美考试中心)也会跟着采取行动取消你的全美证书,这就意味着你得不到任何州的执照。

Summary of Adverse Consequences of Revocation or Other Discipline.

吊销执照或其他纪律处分总结。

To summarize, the most important adverse problems that may be caused as a result of discipline on your license, may include the following:

下面总结了按摩执照收到处分的严重后果

1. May cause discipline to be commenced against any other health professional license you have, such as a nurse, acupuncture physician, chiropractic assistant, nurse’s aide, home health assistant, etc.

1按摩执照纪律处分可能会影响到你的其他方面的执照,如护士,针灸师,医生,正骨助理师,护士助理,家庭护理员等等

2. Will prevent you from obtaining any health professional license in the future.

将会影响你将来获取其它卫生专业方面的执照。

3. May cause discipline to be commenced against any massage therapy establishment license for a massage therapy establishment you own in whole or in part.

可能会影响到你自己的或者与别人合伙的按摩生意的执照。

4. Any other states or jurisdictions in which you have a license will also initiate action against him or her in that jurisdiction.

4如果你有其他州的执照,其他州也可能会开始采取行动指控你的执照。

5. The National Certification Board for Therapeutic Massage and Bodywork (NCBTMB) will also take action to revoke your national certification given by the NCBTMB. This will exclude you from being licensed in any other state and will cause any other state in which you are licensed to take action against you.

5.NCBTMB(全美考试中心)也可能会开始采取行动吊销你所获得的证书,这将意味着任何其他州都可能会采取行动指控你。

6. Mandatory report to the National Practitioner Data Base (NPDB)), which remains there for 50 years. (Note: Healthcare Integrity and Protection Data Bank or HIPDB recently folded into NPDB.)

6.这个事件按规定必将回报给全美专业从业人员档案库,此档案将会跟随你50年。

7. The OIG of HHS will take action to exclude the provider from the Medicare Program. If this occurs, (and most of these offenses require mandatory exclusion) the provider will be placed on the List of Excluded Individuals and Entities (LEIE) maintained by the OIG HHS.

7全美人力资源总调查办公室将会把你排除在“medicare”之外(这些人员是被强制排除的)如果真的是这样的话,这些人员将会被全美人力资源总调查办公室放在排除人员的名单上。

8. If the above occurs, the provider is also automatically “debarred” or prohibited from participating in any capacity in any federal contracting and is placed on the U.S. General Services Administration’s (GSA’s) debarment list.

 

8. 如果以上发生了,这些从业人员将会自动被限制在申请政府合同一类的事情之外,而且他们也将会出现在政府服务“排除”在外的名单之上。

9. Third party payors (health insurance companies, HMOs, etc.) will terminate the professional’s contract or panel membership with that organization.

9.第3担保人(如健康保险公司,HMO等等)也将会终止你的专业合同,或者中止与那个机构的保险服务。

10. Regardless of any of the above, any facility licensed by AHCA (hospitals, skilled nursing facilities (SNFs), public health clinics, group homes for the developmentally disabled, etc.) that are required to perform background screenings on their employees will result in AHCA notifying the facility and the professional that he or she is disqualified from employment.

10.除了以上提及的之外,任何被AHCA授予执照的部门(医院,老人院,公共医疗门诊,残疾人员之家等等) 这些部门都要求背景调查,那么雇佣人员如果被发现背景有污点,他们就会被汇报给雇主,那么他们就得不到工作机会。

What Can be Done?

 

应该怎么做呢?

If you have submitted a voluntary relinquishment without understanding the consequences, and the Board of Massage Therapy (“Board”) has not acted to accept it, you may withdraw it. What we do is submit a letter to the Executive Director of the Board stating it was submitted by mistake without fully understanding the consequences, and the massage therapist desires to withdraw the voluntary relinquishment. We submit this immediately (keeping a copy, of course) and by certified mail, return receipt requested, so we have proof of sending and proof of receipt.

如果你不清楚后果就填写了放弃的表,按摩委员会还没有受理的话,你可以要求撤回,那么我们就可以写信给委员会的负责人表明你不清楚此事的后果就错误的填写了放弃表,现在按摩师要求撤回此表。我们将会立即寄一封挂号信(保留复印件,表明我们有证据我们寄了信。

However, you must also ask for a formal hearing to dispute the facts in your case, as well. We usually do this at the same time and by the same method. If you fail to request a formal hearing, then you are waiving your rights to challenge your guilt or innocence.

同时,你也必须提出要求正式的听证去反驳对你的指控。我们通常在同一的时间和用同样的方法去做。如果你不要求正式听证,那么就等于你放弃了自己的权利去反驳自己是清白无辜的

 

If you have requested an informal hearing, you have made a big mistake. For an informal hearing, you admit that everything stated in the complaint against you is true. You have admitted that all of the charges against you are correct, so you are pleading guilty to the charges. You are then giving up the right to have a hearing to determine whether you are really guilty or innocent. All you are going to be arguing about is the punishment you will receive. You will not be allowed to testify on or introduce any evidence on your guilt or innocence.

如果你要求非正式的听证,那么你就犯了一个大错,因为非正式听证表明你承认了对你的指控的一切都是事实成立的。你承认你是有罪的,因为你已经放弃了去反驳你是无罪或清白的权利。在非正式听证会,你只不过与他们争辩怎么惩罚你而以,此时你是不再允许提供证据来证明你的清白无辜了。

If you have submitted a request for an informal hearing, not realizing this, then what we usually do is to submit an immediate request to have the hearing changed over to a formal administrative hearing where you are allowed to dispute the facts against you and prove your innocence. In such a case, it is necessary to submit a Petition for a Formal Administrative Hearing and to specify which facts are contested or disputed and why.

如果你已经寄交了非正式听证的申请,但是没有意识到,那你应该立即要求把非正式听证转换正式听证,那么你就可以有机会去证明你是清白的了,在此中情况下你很有必要呈交一份要求正式听证的请愿书,并且表明你要反驳什么和为什么要反驳。

The case is then sent to a neutral administrative law judge (ALJ) to hold a hearing on the case. The state Department of Health (DOH) (the parent agency over the Board of Massage Therapy) is then required to prove the facts against you by clear and convincing evidence. In fact, you do not even have to introduce any evidence or testimony, the burden of proof is on the DOH to prove the case against you.

案件将会被送到行政法官那里,卫生厅(按摩委员会主管部门)被要求呈交他们所拥有的大量的清楚的反对你的证据。事实上你用不着呈交任何证据,因为卫生局已经拥有大量的证据来指控你。

Emergency Suspension Orders (ESOs), Appeals and Election of Rights (EOR) Forms.

紧急停止命令,上诉和权利选择表。

In Florida, if you have an Emergency Suspension Order (ESO), you can appeal it to a court of appeal. The problem with this is that it is very technical to do so and is very costly. Call an attorney who specializes in appeals or appellate law and ask. Additionally, the court of appeal only rules on the law and not the facts. The appeal court will be required to accept everything that is stated in the ESO as true. There is no fact hearing, there are only legal arguments. Your basic case will be delayed while this takes place, and you will probably lose on appeal. This may not be the correct choice for you.

在佛州,如果你收到了紧急停止命令,你也可以到法院上诉。问题是上诉是有技巧的,并且是非常昂贵的,你可以打电话请教有经验的上诉律师。另外,上诉法庭只裁定法律,而不是事实,上诉法庭将会接受在紧急停止命令中所说的一切都是真实的,这不是一个事实的听证会,只是合法的辩论。如果以上所说的发生的话,你的案件将会被推迟,这样你的控诉可能失败。这不是你的正确选择。

However, if there is an ESO, you also have the right to an expedited fact hearing on it. This may be the best course of action if you have documents and facts to show you are not guilty of the charges.

然而,如果这是紧急停止命令,你就有要求紧急加快处理的权利。如果你有证据和事实,那末这将是证明你清白的你的最佳选择。

Furthermore, there will also be an additional document served on you, an administrative complaint (AC). When you receive the AC, it will probably say just about the same thing as the ESO. You will be given your hearing rights when this occurs (called an “Election of Rights” form or “EOR”). As we indicated above, you will almost always want to select a formal administrative hearing in which you dispute (challenge or contest) the allegations (charges) made against you. This is the only way you will have the right to have a full and fair hearing on your innocence of the charges. Make sure it is submitted in plenty of time to be received within the 21 days given. Seek legal advice in completing it. Do not admit to anything; you don’t have to as the state DOH has the burden of proof.

另外,你可能还会有另外的文件指控你,即行证控诉,当你收到行证控诉时,你可能认为与紧急停止命令是一回事。当此事发生时,你会给予听证的权力(即权力选择表)。上面以提到过,你应该要求正式听证来反驳对你的指控,这是唯一证明你是清白的途径。你要确定必须在21天之内寄出,最好要咨询有经验的律师。什么也不要承认,卫生局已经拥有大量的事实来指控你。

The Need for an Experienced Health Law Attorney.

 

你需要聘请有经验的律师。

 

It is very difficult to take the actions necessary yourself if you do not have any legal training. Nonlawyers make many stupid mistakes in these proceedings, including submitting written statements that can be used against them when they do not have to do so, talking to the DOH investigator or Board personnel, talking to the DOH prosecuting attorney, making admissions which can be used against them, and waiving their rights when they do not have to do so.

如果你没有受过专业合法的训练,你想为什么辩护是很困难的。非律师人员可能会犯下很愚蠢的错误,如包括呈交书面的陈述,这些陈述将被日后用来指控他们的材料,与卫生厅的调查人员或者办事员交谈,与卫生厅的律师交谈,并且放弃他们的权力等

Most attorneys are not familiar with these types of procedures if they do not practice health law. They do not realize that the same rights which apply in criminal cases also apply to professional licensure cases. You need to find and hire an attorney experienced in this type of case. That would be a health law attorney, and preferably one who is Board Certified by the Florida Bar in Health Law.

很多不是健康专业法的律师,可能不清楚其中的过程。他们不明白类似刑事犯罪方面的申诉权力同样适用于健康法律方面。因此你需要聘请有经验的健康法律方面的律师。尤其是在佛州注册的健康法法律方面的律师。

What You Should Do.

你应该怎样做呢?

So the bottom line is that if you are innocent and want to dispute any charges against you, you should:

你的底线是你是无辜的,你要反驳对你的指控,你应该这样做:

1. If you have professional insurance coverage, such as HPSO Insurance, see if your insurance will cover your legal defense expenses in this type of case. Many will. We know H PSO will.

如果你拥有专业执照保险,如HPSO保险,那末了解一下他们是否包括了合法的执照反驳的费用。许多保险包括此项,我们知道HPSO包括。

2. Act right away to request all of your rights in any matter. Make sure that anything you submit is actually received (not mailed, received) before the deadline given.

立即行动起来,好好的运动你的权力,确保每一样你收到的文件都在截止日期以前寄出。

 

3. Do not call, write or speak to the DOH investigator, Board personnel, DOH personnel or the DOH attorney.

不要打电话给卫生厅调查人员,办事员,卫生厅的律师或委员会成员。

4. Do not make a statement, written or oral, to the DOH investigator, Board personnel, DOH personnel or the DOH attorney.

不要与卫生厅的调查员,委员会成员,卫生厅的办事员或卫生厅的律师有任何的书面或口头的交流。

5. Contest (dispute or fight) every action that might be stated against you, including one by the NCBTMB or OIG.

反驳任何可能对你的指控,包括NCBTMB(全美考试中心)或者总调查办公室

6. Do not admit to anything you don’t have to as the state DOH has the burden of proof.

不要承认任何事情,因为卫生厅已经拥有大量的证据来指控你。

7. Keep copies of all forms or letters submitted, along with proof of mailing and proof of receipt (send via certified mail, return receipt requested).

保留你所有寄出的文件的复印件及邮寄的证据(如挂号信的收据)。

8. Retain the services of a health lawyer who has experience in Board of Massage Therapy/Department of Health (DOH) cases (ask him or her how many he or she has actually done). DO THIS FIRST, NOT LAST!

聘请在按摩方面或有与卫生局打交道有经验的律师(咨询律师真正做过什么)

这是首要任务,不要等到最后。

Contact Health Law Attorneys Experienced with Department of Health (DOH) Investigations of Massage Therapists.


联系在按摩执照方面与卫生局打交道有丰富经验的律师。
The attorneys of The Health Law Firm provide legal representation to massage therapists in Department of Health (DOH) investigations, licensing matters and other types of investigations of health professionals and providers.
健康法律师楼的资深律师提供代表按摩师在执照调查,其他执照方面问题及另外的一些专业执照的问题方面的服务,我们有着与卫生局打交道的丰富经验。

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

 

联系健康法律律师楼,请打电话(407)331-6620或者(850)439-1001请浏览我们的网站www.TheHealthLawFirm.com

 

 

Florida Board of Massage Therapy Revokes More Licenses

Attorney George F. Indest III HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

The Florida Department of Health (DOH) Board of Massage Therapy met in Sunrise, Florida, on January 24 and 25, 2013. During the meeting the Board held disciplinary hearings to determine, among other matters, the fate of a number of Florida massage therapists. Many of these massage therapists were accused of obtaining their licenses to practice through a transcript-buying scandal centered on the Florida College of Natural Health.

The Health Law Firm had one of its attorneys present at this Board of Massage Therapy meeting to get first-hand information on what was going on.

You may remember back in September 2012, the Florida Surgeon General announced that he had signed 161 emergency suspension orders (ESOs) for massage therapists in Florida. Click here to read our blog on that story.

Results from the Board of Massage Therapy Meeting.

During the Board of Massage Therapy meeting, the Board voted to revoke 19 massage therapists’ licenses. It voted to accept the voluntary surrender of an additional 55 massage therapists’ licenses, according to an article in the Sun Sentinel. A majority of these cases involved massage therapists who were charged with obtaining their Florida licenses by submitting fake credentials from the Florida College of Natural Health.

A number of massage therapists have named a single “rogue employee” of the Florida College of Natural Health, one of its officials, as the main culprit behind the phony credentials. She allegedly issued these fake transcripts and certificates in exchange for cash payments.

To read the entire article from the Sun Sentinel, click here.

More Massage Therapists Might Be Under Investigation.

Recently, we’ve received some other reports about massage therapists who allegedly received their massage therapy courses from ASM Beauty World Academy, Inc., in Broward County, Florida. These people we spoke with say they received their credentials from a man who was also involved in the scheme in South Florida. Massage therapists from the ASM Beauty World Academy are allegedly now receiving letters of investigation from the DOH.

Again, we’ve only has a few reports. If you attended the ASM Beauty World Academy, Inc., or any other massage therapy school and received a letter from the DOH about your license being investigated, please call an experienced health law attorney.

To see a list of Florida board approved massage therapy schools, click here. Please note this list is from 2012. The 2013 list has not been released. We will update this list as soon as the new list of Florida board approved schools is released on the DOH website.

Buy Professional Liability Insurance Now.

As a massage therapists, your license may come under investigation. We always recommend buying professional liability insurance sooner rather than later. Not only can professional liability insurance protect you in the event of a lawsuit, but it may also pay your legal defenses in the event of a complaint against your license to practice or for other legal problems. It’s a small price to pay to protect your livelihood. But be sure it covers the investigation of your license. Click here to learn more on professional liability insurance for massage therapists.

What You Don’t Know About DOH Investigations Can Hurt You.

Massage therapists, I beseech you: please do not talk to a Department of Health (DOH) investigator until you have talked to a health lawyer who is experienced with DOH investigations and board licensing complaints. Do not answer or respond to even the most basic questions about where you work now, what your address is or if you know patient x, until consulting with counsel.

These are the biggest mistakes we see in the massage therapy cases we are called upon to defend after a DOH investigation has been initiated:

1. Failing to keep a current, valid address on file with the DOH (as required by law), which may seriously delay the receipt of the Uniform Complaint (notice of investigation), letters, and other important correspondence related to the investigation.

2. Contacting the DOH investigator and providing him/her an oral statement or oral interview. (Note: There is no legal requirement to do this.)

3. Making a written statement in response to the “invitation” extended by the DOH investigator to do so. (Note: There is no legal requirement to do this.)

4. Failing to carefully review the complaint to make sure it has been sent to the correct massage therapist. (Note: Check name and license number).

5. Failing to ascertain whether or not the investigation is on the “Fast Track” which may then result in an emergency suspension order (ESO) suspending the massage therapist’s license until all proceedings are concluded. (Note: This will usually be the case if there are allegations regarding drug abuse, alcohol abuse, sexual contact with a patient, mental health issues, or failure to comply with PRN instructions.)

Click here to read more on what not to do if you are contacted by a DOH investigator.

Contact Health Law Attorneys Experienced with Department of Health (DOH) Investigations of Massage Therapists.


The attorneys of The Health Law Firm provide legal representation to massage therapists in Department of Health (DOH) investigations, licensing matters and other types of investigations of health professionals and providers.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.


Comments?

As a massage therapists, have you received a letter of investigation from the DOH? What do you think about the rulings during the January 213 board meeting? Please leave any thoughtful comments below.

Sources:

Clarkson, Brett. “As Regulators Yank Licenses, Masseuses Blame Businessman, Former School Official.” Sun Sentinel. (January 24, 2013). From: http://articles.sun-sentinel.com/2013-01-24/health/fl-massage-board-meetings-20130124_1_massage-licenses-massage-therapists-massage-establishments

About the Authors: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1996-2012 The Health Law Firm. All rights reserved.