Discipline | The Health Law Firm Blog

Florida Woman Arrested for Allegedly Stealing from Disabled Adults

By Dr. Thu Pham, O.D., Law Clerk, The Health Law Firm Attorney and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

A former employee of an organization that provides services to developmentally disabled adults in Alachua County, Florida, was arrested on June 15, 2012, according to the Attorney General’s (AG) Office. The woman was arrested for allegedly stealing money from 11 clients in 2010 and 2011.

To see the press release from the AG, click here.

Medicaid Fraud Control Unit’s (MFCU) Investigation Led to Arrest.

[…]

By The Health Law Firm|2024-03-14T10:01:56-04:00May 15, 2018|Discipline, Patient Care|

Legal Responsibilities of Nurse Supervisors

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

Although a nursing supervisor is liable for her own negligent acts, the employer is liable for the negligent acts of all employees, including nursing supervisors. Supervisors are not generally liable under the doctrine of respondent superior for the negligent acts of those being supervised, unless they can be shown to be independently negligent in how they supervise or fail to supervise. They have the right to direct the nurses who are being supervised. In a health care facility, the supervisor’s powers are derived directly from the facility’s right of control.

A supervisor who knowingly fails to supervise an employee’s […]

By The Health Law Firm|2024-03-14T10:01:56-04:00May 15, 2018|Board of Nursing, Defense, Discipline, Nurse License, Nursing Law Blog|

New Database Allows Consumers to Evaluate Nursing Homes Across the Country

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

Consumers have a new online tool to see which nursing homes are being hit with fines for poor quality, safety or maintenance. Nursing Home Inspect 2.0 is a free database that assists users in evaluating nursing homes across the country. The database was first introduced by ProPublica, a nonprofit investigative news organization, in August 2012. On December 17, 2012, the same organization introduced the 2.0 version that includes information about federal fines imposed on nursing homes in the past three years.

The website can be found at Propublica.org/nursinghomes.

According to the website, the information provided […]

By The Health Law Firm|2024-03-14T10:01:56-04:00May 15, 2018|ALFs, Discipline, Nursing Law Blog|

Florida Nurse Allegedly Filled Fake Prescriptions for Painkillers

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

A Central Florida nurse is in trouble with the law for allegedly writing fake prescriptions and illegally obtaining painkillers for herself, according to the Orlando NBC affiliate, WESH television. The nurse was allegedly arrested during the week of December 31, 2012. She is accused of trafficking in oxycodone and trying to fill forged prescriptions.

Click here to read the WESH article.

Pharmacist Did Not Fall For Fake Prescription.

According to an Orlando Sentinel article, a pharmacist, who was suspicious of one of the prescriptions the nurse tried to fill, […]

By The Health Law Firm|2024-03-14T10:01:57-04:00May 15, 2018|Department of Health, Discipline, Pharmacy|

Indiana Nurses Fired for Refusing to Get Flu Shots

George F. Indest III is Board Certified by The Florida Bar in Health Law

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

The warnings have been loud and clear from the Centers for Disease Control and Prevention (CDC). This influenza season is off to an early and serious start. With that in mind, a number of states are requiring all health professionals in the state to receive the flu vaccination. Some of those opposed to getting vaccinated are being fired by hospitals and health facilities. Because […]

By The Health Law Firm|2024-03-14T10:01:57-04:00May 15, 2018|ARNP, Defense, Discipline, Nurse Aide|

Adverse Consequences of Discipline Against Your Nursing License

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

If the Florida Department of Health (DOH) takes discipline against your Florida nursing license, this will have many significant consequences.

Investigation and Discipline of Other State Licenses.

The discipline will be reported to every other state in which you have a license and similar investigations will be opened by those states.

Many states also have laws similar to those of Florida which require you to report discipline yourself to the other state in which you are licensed. Sometimes this is very short, 15 or 30 days, for example. Check the other state’s laws to be sure.

Discipline Against […]

By The Health Law Firm|2024-03-14T10:01:07-04:00May 15, 2018|Department of Health, Discipline, Nurse License|

Traveling Nurses Must Have Appropriate Professional Liability Insurance

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

We are often asked what we consider to be the biggest problem that a nurse has in defending herself in a complaint against her license. In our opinion, it is not having the financial resources to retain the services of an experienced attorney to defend her. Because of this, we believe that any nurse, especially traveling nurses working at a hospital, skilled nursing facility, home health agency, assisted living facility, medical group, or any other organization must have her own personal professional liability policy that provides ample insurance coverage for professional license defense […]

By The Health Law Firm|2024-03-14T10:01:58-04:00May 15, 2018|Board of Nursing, Defense, Department of Health, Discipline, Insurance, Nurse License|

Overcoming License Suspension and Revocation Pending Appeal

By: Lance O. Leider, J.D.

If you are a doctor, nurse, dentist, psychologist, pharmacist, massage therapist or other licensed health professional whose license has been recently revoked or suspended, there may still be hope. Ordinarily, you must immediately stop practicing or you risk being prosecuted for unlicensed practice, a felony. Although this blog deals with Florida law, similar relief may be available in other states, too.

One of the hardest things about having a license suspended or revoked is that it immediately cuts off the licensee’s sole source of income. If you have a thriving practice, this will usually destroy any value your business has. Without income, paying your bills […]

By The Health Law Firm|2024-03-14T10:01:11-04:00May 15, 2018|Department of Health, Discipline, Nurse License|

Other Options Must Be Considered Before Emergency Suspension Order Will Be Upheld

The Department of Health (“DOH”) issued an emergency order suspending Burton’s license to practice nursing.

On appeal, the court quashed the emergency order. It held that DOH had failed to examine other disciplinary options available to it short of suspension. While recognizing DOH might be able to support license suspension as an appropriate penalty, it held that Burton was entitled to a hearing to contest the charges.

In the dissenting opinion, Judge Osterhaus cited numerous findings in the DOH order that supported suspension.

Source:

Burton v. Department of Health, 116 So. 3d 1285 (Fla. 1st DCA 2013) (Opinion filed July 24, 2013).

About the Author: The forgoing case summary was prepared by Mary F. Smallwood, Esquire, of the Administrative Law Section of The Florida […]

By The Health Law Firm|2024-03-14T10:01:58-04:00May 15, 2018|Administrative Hearing, Department of Health, Discipline, Emergency Suspension Order|

Kudos to Wyoming State Board of Nursing for its Accurate Information on its Website for Nurses

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

As a nurse, when you are the subject of a complaint that alleges improper conduct or action that could result in discipline against your license, finding correct information regarding the disciplinary process is vital. I’ve recently found that the Wyoming State Board of Nursing (BON) is one of the few nursing board websites that provide accurate information on discipline. On this website, there is information about nurses’ legal rights, and explanations of the investigation or hearing process, for Advanced Practice Registered Nurses (APRNs), Registered Nurses (RNs), Licensed Practical Nurses (LPNs) and Certified Nursing Assistants (CNAs).

Click […]

By The Health Law Firm|2024-03-14T10:01:16-04:00May 15, 2018|Administrative Complaints, Board of Nursing, Defense, Discipline|