department of health | The Health Law Firm Blog

Debary Dentist Served with Emergency Suspension Order for Allegedly Inhaling Laughing Gas

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 Did Not Finish Rehabilitation.

In June 2012, the Florida DOH ordered the dentist to be treated for alcohol and inhalant dependence. […]

By The Health Law Firm|2024-03-14T10:01:05-04:00May 15, 2018|Categories: Board of Dentistry, Dental Law, Dentist Defense attorney, Dentistry Law, Dentists|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|2 Comments

At Board of Nursing Hearing, Each Aggravating Factor Must be Supported by “Competent Substantial Evidence” or Discipline Is reversible on Appeal

The foregoing case summary was prepared by Mary F. Smallwood, Esquire, of The Administrative Law Section of The Florida Bar.

The Department of Health, Board of Nursing (“Board”) filed charges against Fernandez for administering medication to a person who was not his patient. The facts demonstrated that Fernandez had visited a friend in the hospital and administered a drug prescribed for one of his home health care patients. After an administrative hearing, the Board found that five aggravating circumstances justified an upward departure in the penalty provided for the Board’s guidelines to license revocation.

On appeal, the court reversed. While it found support for four of the aggravating circumstances cited by the Board, it held that one of the circumstances was not supported by competent substantial evidence. Specifically, the Board had determined that Fernandez’ actions had caused damage to the patient. The court found the only support for this determination was testimony […]

By The Health Law Firm|2024-03-14T10:01:18-04:00May 15, 2018|Categories: Administrative Hearing, Board of Nursing, Discipline|Tags: administering drugs, Administrative Hearing, administrative law, aggravating circumstances, appeal, Board of Nursing, Board of Nursing hearing, BON, Competent Substantial Evidence, department of health, determination of damage to a patient, doh, home health care, license revocation, nurse damages patient, nurse discipline, nurse discipline reversed, nurse license revocation, nurse's license revoked, substantial evidence|Comments Off

South Florida Man Pleads Guilty to Fraudulently Working as a Pharmacist

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

On July 24, 2012, a 49-year-old man from Ruskin in South Fla., pleaded guilty in federal court to fraudulently working as a Central Florida pharmacist from 2000 to 2009, according to the Department of Justice (DOJ) in a press release.

Fake Pharmacist was Working at Central Florida Pharmacies.

Prosecutors said this man worked at pharmacies throughout Central Florida, including CVS pharmacy and Walgreens. According to the Orlando Sentinel, while working at one of the pharmacies, he gave a customer the incorrect medication, causing that person to suffer a severe reaction and stroke.

Alleged Identity Theft to Obtain Pharmacist License.

Allegedly, the man fraudulently obtained a pharmacist license in September of 2000 from the State Department of Health (DOH) by using the […]

By The Health Law Firm|2024-03-14T10:01:38-04:00May 15, 2018|Categories: Legal Defense for Pharmacists, Pharmacist, Pharmacy, Pharmacy Law|Tags: criminal charges, dea, DEA investigation, DEA number, department of health, Department of Justice, doh, DOJ, FBI, identity theft, investigation, legal defense for pharmacists, legal representation for pharmacists, license revoked, pharmacies, pharmacy investigation, quality assurance|Comments Off

Florida Woman Uses Forged License to Practice Nursing

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

A Florida woman allegedly used a fake state nursing license to pose as a nurse and then treat patients at their homes, according to the Lake County, Florida, Sheriff’s Office. The woman is accused of treating patients at least seven times, but the sheriff’s office stated there may be more victims. The fake nurse was arrested on September 27, 2013. She faces charges of working as a nurse without a license and using a forged state document.

To read the Orlando Sentinel article, click here.

This is not the woman’s first time in trouble with law enforcement. Earlier this year she was allegedly arrested for running an unlicensed assisted living facility (ALF), according to WFTV, the ABC affiliate in Orlando, Florida.

Used Another Nurse’s License […]

By The Health Law Firm|2024-03-14T10:01:58-04:00May 15, 2018|Categories: Nurse License, Patient Care|Tags: AG, Attorney General, defense attorney, defense lawyer, department of health, doh, fake nurse, forged nurse license, licensed practical nurse, LPN, medicaid fraud control unit, mfcu, nurse, nurse attorney, nurse identity, Nurse lawyer, nurse license, phony nurse, the health law firm|Comments Off

Cancer Patients Must Provide DOH Approval for Seizures and Muscle Spasms, or May Be Unqualified for Low-THC Medical Marijuana

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

Barnhart v. Dep’t of Health, Div. Admin. Hearings, Case No. 15-1271RP (Final Order April 10, 2015).

Following is a summary of a recent Division of Administrative Hearings case summary, taken from The Florida Bar Administrative Law Section Newsletter, Vol. 36, No. 4 (June 2015).

FACTS: On February 6, 2015, the Department of Health (“DOH”) published a notice of proposed rule-making setting forth the text of six proposed rules to implement the Compassionate Medical Cannabis Act of 2014 (“the Act”). The Act provides in part that certain physicians treating patients suffering from cancer or a condition that chronically produces seizures or severe muscle spasms may order low-THC cannabis for those patients’ treatment.

The Petitioner filed a Petition asserting that one of the proposed rules (64-4.002) is an invalid exercise of […]

By The Health Law Firm|2024-03-14T10:01:06-04:00May 15, 2018|Categories: Marijuana Law Blog, Medical Marijuana|Tags: Administrative Hearing, administrative law judge, ALJ, brain tumor, cancer, cancer patients, cannabis, Compassionate Medical Cannabis Act, defense attorney, department of health, doh, florida, Florida marijuana, Florida medical marijuana, health attorney, health care attorney, health care lawyer, health conditions, health investigation, health law, license, marijuana, marijuana defense attorney, marijuana law, medical cannabis, medical license, medical marijuana law, medical marijuana lawyer, medical marijuana license, medical THC, Office of Compassionate Use, petition for rule challenge, petitions, physicians, recreational cannabis, recreational marijuana, THC|Comments Off

Central Florida Doctor’s Home and Offices Raided Over Alleged Improper Prescribing Practices

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

In a joint operation, law enforcement officials raided the home and two offices of a Central Florida physician on November 8, 2013, according to the Osceola County Sheriff’s Office. The Osceola County Sheriff’s Office alleges that the doctor is being investigated for improper prescribing practices. According to the press release, this is not the first time the physician has been under investigation.

The raid was a collective effort between the Osceola County Investigative Bureau (OCIB), Florida Department of Health (DOH), Drug Enforcement Administration (DEA), Florida Department of Law Enforcement (FDLE), and the Metropolitan Bureau of Investigation (MBI).

Physician Not Arrested After Raid.

On November 8, 2013, law enforcement agents searched the physician’s home and his offices in Kissimmee, Florida and Orlando, Florida. The Florida DOH also issued […]

By The Health Law Firm|2024-03-14T10:01:40-04:00May 15, 2018|Categories: Pain Management, Pharmacy Law, Pharmacy Law Blog|Tags: blacklist, blacklisted, controlled substance licenses, controlled substances, CVS, CVS pharmacy, dea, DEA investigation, DEA raid, defense attorney, defense lawyer, department of health, doctor, doh, drug enforcement administration, emergency suspension order, ESO, fdle, Florida Department of Law Enforcement, health law firm, healthcare providers, hearings, improper prescribing practices, investigation, Metropolitan Bureau of Investigation (MBI), OCIB, Osceola County Investigative Bureau, over-prescribing, painkiller, physician, physician attorney, physician lawyer, physicians, prescribing practices, prescription drug trafficking, prescription painkiller, raid, the health law firm|Comments Off

Please, Please, Please Do NOT Talk to the Department of Health (DOH) Investigator

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

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.

Admitting to the Simplest Facts May Harm You.

We are routinely consulted by massage therapists and other healthcare providers for representation after they have discussed the case and after it is too late to undo the damage they have caused to themselves. Often they do not understand the seriousness of the matter or the possible consequences, until it is too late. Admitting to even the […]

By The Health Law Firm|2024-03-14T10:01:08-04:00May 15, 2018|Categories: Department of Health Investigation, Massage Therapy|Tags: administrative complaint, Administrative Hearing, administrative licensure investigation, Agency for Health Care Administration (AHCA) surveyors, board licensing complaint, board licensing complaints, defense attorney, defense lawyers, department of health, doh, Drug Enforcement Administration (DEA) agents, FBI agents, Florida health law attorney, Florida massage laws, health care attorney, investigation, investigation of message therapist, investigator, licensure defense, massage therapists, Massage therapy, Medicaid Fraud Control Unit (MFCU) investigators, OIG special agents|Comments Off

Need Last Minute Deposition or Hearing Representation? Call The Health Law Firm

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

Our office often takes phone calls from pharmacies and pharmacists needing short-notice representation at a Board of Pharmacy hearing or at a deposition related to a health care matter.

In our experience, many other law firms refuse to represent clients at a hearings unless the firm is given plenty of advance notice. We always prefer to have sufficient time to obtain documents, review files, interview witnesses, conduct research and prepare, in order to provide the best possible representation to our client. However, we realize that in certain cases, the alternative is that the client either gets legal representation on little or no advance notice, or has to suffer the consequences of having no legal representation.

Be Aware that Administrative Proceedings Can be Complex.

In some cases individuals […]

By The Health Law Firm|2024-03-14T10:01:40-04:00May 15, 2018|Categories: Florida Board of Pharmacy, Legal Defense for Pharmacists, Pharmacist, Pharmacy|Tags: administrative law judge, administrative procedure act, administrative proceeding, ALJ, Board of Pharmacy, Board of Pharmacy hearing, defense attorney, defense lawyer, department of health, deposition coverage, disciplinary charges, disciplinary complaint, FAC, final hearing, Florida Administrative Cods, formal hearing, health law firm, health professional, hearing representation, Informal hearing, last minute deposition coverage, legal representation, legal representation for pharmacist, legal representation for pharmacy, local deposition coverage, negligence lawsuit, noticed of a deposition, pharmacist, pharmacy, professional liability insurance, rights for an appeal, Rules of Civil Procedure, Rules of Evidence, short notice of representation of pharmacy, short notice representation of pharmacist, subpoena, the health law firm|2 Comments

The 25 Biggest Mistakes Dentists Make After Being Notified of a Department of Health Complaint

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

The investigation of a complaint which could lead to the revocation of a dentist’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 dentist who receives it. Yet, in many cases, attorneys are consulted by dentists 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 dentist.

These are the 25 biggest mistakes we see in the dentist cases we are called upon to defend after […]

By The Health Law Firm|2024-03-14T10:01:42-04:00May 15, 2018|Categories: Dental Law, Dentistry Law, Dentists|Tags: criminal charges, D.O., dea, DEA investigation, DEA number, dentist investigation, dentists, department of health, doh, family dentist investigation, FBI, investigation, license revoked, Medicaid investigation, Medicare investigation, pediatric dentist investigation, physician, quality assurance|2 Comments

Tips, Pointers and Reminders for Administrative Hearings

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

Formal administrative hearings are one of the options provided to a person who has significant (or substantial) interests that will be affected by agency action and who contests the material facts involved in the case.

In this blog, we are usually discussing a hearing involving the professional license of the nurse. In many cases this will be a notice of intent to deny a license application; however, in most cases, it will be based on an administrative complaint filed against the nurse charging the nurse with a violation of the Nurse Practice Act or other misconduct.

A formal administrative hearing is the only chance which is provided to a nurse to actually challenge the facts of the case and show, for example, that she is not guilty […]

By The Health Law Firm|2024-03-14T10:01:09-04:00May 15, 2018|Categories: Administrative Complaints, Administrative Hearing, Board of Nursing, Nurse License|Tags: administrative charges, administrative complaint, administrative hearing, administrative procedures, board of nursing, certified registered nurse anesthetists (CRNA), department of health, Department of Health (DOH) Investigation, Florida Board of Nursing, nurse, nurses, nursing license|Comments Off