Department of Health | The Health Law Firm Blog

In Brief: Florida Pain Management Clinic Laws

Every health profession has its own set of rules and regulations. This week, we’re examining Florida laws under which pain management clinics operate.

Because Florida has one of the worst drug trafficking problems in the country, law enforcement is making sure that punishments for any violations are severe. For example, if a patient dies of drug overdose and the prescriber is found to be responsible, he or she can be charged with homicide, which was the case for a Palm Beach County pain management physician (see this New York Times article).

The DEA, Florida Department of Health and Florida law enforcement are watching pain management clinics very closely in order to keep Florida’s drug trafficking problem under control. Make sure that your clinic abides by the following legislation, in order to prevent any interference with your practice.

The 2011 Florida Statutes

Section 458.3265, F.S.:

Definition of Pain Management Clinic:

“[…]

By The Health Law Firm|2024-03-14T10:00:26-04:00June 1, 2018|Categories: Department of Health, Health Care Industry, Pain Management, Pharmacy, The Health Law Firm Blog|Tags: department of health, florida, laws, pain clinics, pain management clinics, pill mills|4 Comments

Have You Updated Your Address with the Department of Health?

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

A recent case involving the Florida Department of Business and Professional Regulation (DBPR) demonstrates how important it is for all professional licensees, including Department of Health (DOH) licensees, to immediately update their addresses with the licensing agency when there is change.

Appellant in Recent Case Filed an Appeal to Reverse Revokation of His License Application.

In Griffis v. Department of Business and Professional Regulation, the appellant filed an appeal of the DBPR’s order revoking two of his licenses. The order also imposed a fine and ordered the appellant to pay restitution to a customer. The order was rendered on January 26, 2010. The appellant did not file his notice of appeal until October 15, 2010, over nine months later.

Court Dismissed […]

By The Health Law Firm|2024-03-14T10:00:33-04:00June 1, 2018|Categories: Department of Health, The Health Law Firm Blog|Tags: administrative action, Administrative Hearing, administrative order appeal, Department of Business and Professional Regulations, department of health, discipline, doh, DOH appeal, DOH deadline, DOH final order appeal, licensing and regulatory, licensure, Medicare number termination, termination of Medicare billing privileges, timely filing, updating address|Comments Off

Drug Enforcement Administration (DEA) Nabs New York Doctor Allegedly on Drug Charges

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

A raid by the Drug Enforcement Administration (DEA) on November 27, 2012, at a New York home led to the arrest of an emergency room (ER) doctor, according to a number of sources. Once inside, agents allegedly found crack cocaine, crack pipes, needles and other drug paraphernalia belonging to the doctor. It’s reported by The Buffalo News that the raid came just as the alleged drug abuser was getting ready to smoke a crack cocaine pipe.

Click here to read the entire article from The Buffalo News.

DEA Agents Allegedly Wanted to Work Quickly on This Case.

According to a press release from the DEA, the doctor had been under investigation for weeks. Agents wanted to work […]

By The Health Law Firm|2024-03-14T10:00:41-04:00June 1, 2018|Categories: DEA, Department of Health, In the News, The Health Law Firm Blog|Tags: Administrative Hearing, controlled substances, criminal charges, DEA investigation, DEA raid, defense attorney, defense lawyer, doctor, Drug Enforcement Administration (DEA), drugs charges, Florida DEA defense attorney, Florida DEA defense lawyer, physician, representation of a doctor, representation of a physician|Comments Off

From the DOH: Attention Pain-Management Clinics

From the Florida Department of Health:

Florida law requires pain-management clinics report specific data to the Board of Medicine. The designated physician shall report on a quarterly basis the following data:

a. The number of new and repeat patients seen and treated at the clinic who are prescribed controlled substance medications for the treatment of chronic, nonmalignant pain.

b. The number of patients discharged due to drug abuse.

c. The number of patients discharged due to drug diversion.

d. The number of patients treated at the pain clinic whose domicile is located somewhere other

OSTEOPATHIC PHYSICIANS:
Your next reporting period is the month of October and you will be reporting for the period July 1, 2011 – September 30, 2011.

ALLOPATHIC PHYSICIANS:
Your first reporting period is the month of October and you will be reporting for the period July 1, 2011 – September 30, 2011.
New Service Available for Data Reporting

We have now made data reporting […]

By The Health Law Firm|2024-03-14T10:00:27-04:00June 1, 2018|Categories: Department of Health, Pain Management, The Health Law Firm Blog|Tags: doh, florida, laws, pain management clinics|Comments Off

Two Central Florida Physicians Connected to Statewide Pill-Mill Network

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

An Orlando and Jacksonville physician have been linked to a statewide pill-mill operation that brought in millions of dollars to pain clinic owners and doctors, according to the Orlando Sentinel. On June 27, 2012 seven doctors and seven pain clinic owners were arrested in the raid that was dubbed “Operation Pill Street Blues.” The two-year, multiagency investigation into the pill-mill operation spanned from Miami to Pensacola. The investigation included the Drug Enforcement Agency (DEA) and Florida law enforcement.

To view the DEA’s press release concerning the investigation, click here.

South Florida Firefighter Alleged Leader of Pill Mill.

Investigators named a 32-year-old Pompano Beach firefighter as the pill-mill’s ring leader. He allegedly used his image as […]

By The Health Law Firm|2024-03-14T10:00:33-04:00June 1, 2018|Categories: DEA, Department of Health, In the Know, In the News, Pain Management, The Health Law Firm Blog|Tags: controlled substances, dea, DEA emergency suspension, DEA investigation, DEA raid, doctor, drug enforcement administration, emergency suspension order, ESO, Florida prescription drug abuse, Florida prescription drug crackdown, nurse, overprescribing, pain clinics, pain management, pharmacies, pharmacists, pharmacy, physician, Pill Street Blues, prescription drug trafficking, Tag words: Orlando DEA defense lawyer|Comments Off

Florida Dentist Hit with an Emergency Suspension Order for Allegedly Inhaling Nitrous Oxide

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

A Debary, Florida, dentist has been served with an emergency suspension order (ESO) by the Florida Department of Health (DOH) for allegedly inhaling nitrous oxide or laughing gas in front of patients. The administrative complaint filed against the dentist on November 2, 2012, by the Florida DOH stated a department-approved evaluator deemed the dentist unfit to practice dentistry and was recommended to undergo residential treatment.

Click here to read the full administrative complaint against the dentist.

We want to point out that these are just allegations made against the dentist at this point in time and have not been proven by the state.

Dentist Allegedly Ordered to Rehabilitation.

In June 2012, the Florida DOH ordered the dentist […]

By The Health Law Firm|2024-03-14T10:00:41-04:00June 1, 2018|Categories: Dentist, Department of Health, Informal Hearings, The Health Law Firm Blog|Tags: D.D.S., defense attorney, defense lawyer, dentist defense, dentist investigation, dentists, department of health, Division of Administrative Hearings (DOAH), doh, DOH investigation, emergency suspension order, family dentist investigation, formal hearing, health law, license revoked, pediatric dentist investigation, quality assurance|Comments Off

Emergency Suspension Orders and Medicaid Fraud

In the recent case of Mendelsohn v. State of Florida Department of Health, Mendelsohn’s license to practice medicine was suspended under an Emergency Suspension Order (ESO).

According to the ESO, Mendelsohn is licensed to practice medicine in Florida pursuant to the provisions of chapter 458, Florida Statutes. On December 9, 2010, he entered a plea of nolo contendere in federal court to a charge of conspiracy to commit fraud upon the United States in violation of 18 U.S.C. § 371. As a result of his conviction, the Florida Department of Health immediately suspended his medical license without a hearing pursuant to section 456.074(1), Florida Statutes (2010), which states:

(1) The department shall issue an emergency order suspending the license of any person licensed under chapter 458 . . . who pleads guilty to, is convicted or found guilty of, or who enters a plea of […]

By The Health Law Firm|2024-03-14T10:00:27-04:00June 1, 2018|Categories: Department of Health, Health Care Industry, Medicaid, The Health Law Firm Blog|Tags: department of health, emergency suspension order, ESO, florida, fraud, medicaid|Comments Off

Respiratory Therapists: Talk to an Attorney Before You Talk to an Investigator

By Michael L. Smith, J.D., R.R.T.

In Florida, You DO NOT Have to Talk to an Investigator!

Despite mailing out hundreds of thousands of postcards and letters to respiratory therapists, throughout Florida, we continue to receive calls from new clients and from potential clients, after they have already spoken to and made critical harmful admissions against their own interests to investigators. In Florida, you do not have any duty to cooperate with any investigator who is investigating you. This extends to Department of Health (DOH) investigators (who are sometimes titled “Medical Quality Assurance Investigators” or “Medical Malpractice Investigators”) or criminal investigators of any type.

Investigators are NOT Looking Out for You.

Let me state this as succinctly and clearly as possible. If you are being investigated, you will not be better off making a statement. You will not be better […]

By The Health Law Firm|2024-03-14T10:00:33-04:00June 1, 2018|Categories: Department of Health, Respiratory Therapy, The Health Law Firm Blog|Tags: criminal charges, Department of Health investigation, Department of Health quality assurance, investigations respiratory therapy, respiratory therapist investigation, respiratory therapy, respiratory therapy license revoked|Comments Off

Physical Therapists: Please, Please, Please Talk to an Attorney Before You Talk to an Investigator

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

In Florida, You DO NOT Have to Speak to an Investigator!

Despite mailing out hundreds of thousands of postcards and letters to physical therapists, throughout Florida, we continue to receive calls from new clients and from potential clients, after they have already spoken to and made critical harmful admissions against their own interests to investigators. In Florida, you do not have any duty to cooperate with any investigator who is investigating you. This extends to Department of Health (DOH) investigators (who are sometimes titled “Medical Quality Assurance Investigators” or “Medical Malpractice Investigators”) or criminal investigators of any type.

Investigators are NOT on Your Side.

Let me state this as succinctly and clearly as possible. If you are being investigated, you will not be better off making […]

Nurses: Advanced Practice May Mean Advanced Legal Issues

From George Indest’s Nursing Law Manual

The advanced nurse is a registered nurse (RN) who has completed some form of advanced nursing education and training. Two types of advanced nurses are the advanced registered nurse practitioner (ARNP) and the certified nurse specialist. In Florida, there are three types of certified nurse specialists: certified registered nurse anesthetists, certified nurse midwives, and nurse practitioners. The potential risk of liability for an advanced nurse is as real as the risks for any other nurse. In addition to all of the legal issues that a registered nurse is faced with, the advanced nurse is susceptible to even more legal issues.

Advanced nurses are held to higher standards of care than RNs or licensed practical nurses (LPNs) because of the higher degree of education and training that an advanced nurse is required undergo. Advanced nurses […]

By The Health Law Firm|2024-03-14T10:00:27-04:00June 1, 2018|Categories: Department of Health, Nurses, The Health Law Firm Blog|Tags: advanced nurses, arnp, crna, florida, legal, np, nurse midwives, nurse practitioner, nurses|Comments Off