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Little Known Facts About State and DOH Investigations That Could Save Your Professional License

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

The notice that you are under investigation may seem nonthreatening. It may come in the mail, be delivered personally by an investigator or you may receive a telephone call from the investigator. This is a very serious matter for you.

Our attorneys include those who are board certified in health law by The Florida Bar, those who are nurses, and those who are themselves licensed health professionals. Our attorneys represent health care professionals and providers at formal administrative hearings at the Division of Administrative Hearings (DOAH), in defense of administrative complaints and in informal hearings before the Department of Health (DOH).
The Following is a list of little known facts about state investigations (including DOH investigations) that could […]

By The Health Law Firm|2024-03-14T10:01:54-04:00May 15, 2018|Categories: Mental Health Law Blog|Tags: administrative complaint attorney, Board of Medicine representation, DOH defense attorney, Florida health law attorney, health law defense attorney, legal counsel for Board representation, legal representation for administrative complaints, Legal representation for Department of Health (DOH) investigations, legal representation for disciplinary actions against your license, Legal representation for DOH complaints, legal representation for health care professionals, legal representation for license revocation, licensure defense attorney, reviews of The Health Law Firm, the health law firm, The Health Law Firm attorneys review|Comments Off

Doctors, Nurses and Health Care Professionals Take Heed: It is Always a Bad Idea to . . . .

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

In my 30 plus years of practice representing physicians, dentists, nurses and health care professionals, I have defended clients involved in many different situations. Several of these seem to be problem areas which we see repeatedly. The following is a list of those problems which it would seem to be common sense for a physician or other health care professional to avoid doing.

I can assure you, it is always a bad idea for a physician or other health care professional to:

1. Write a prescription for any medication for yourself.

2. Start a romantic relationship with a patient.

3. Take someone else’s prescription medication, ever.

4. Write a prescription for or treat a patient, especially a family member, for a condition outside the scope of her specialty (e.g., […]

Florida Department of Health Urges Caution to Avoid Reported Medical Marijuana Scams

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

On April 20, 2017, the Orange County Medical Society (OCMS) Board of Directors was alerted to a scam involving medical marijuana. The scammers attempt to steal credit card information from patients. Patients are requested to provide their credit card numbers in exchange for a bogus offer of free or reduced-cost medical marijuana.

The DOH reports all incidents of potential fraud and scams to law enforcement, but wants to ensure residents and law makers are aware of what to avoid.

Avoid Medical Marijuana Scams.

Be aware that the perpetrators of the scam may mention the Department of Health’s “Office of Compassionate Use” in their phone call solicitations, to make their communication seem more legitimate. The Florida Department of Health (DOH) has released tips on how patients can protect themselves from […]

By The Health Law Firm|2024-03-14T10:02:03-04:00May 15, 2018|Categories: marijuana law, Marijuana Law Blog, Medical Marijuana|Tags: access to medical marijuana in Florida, Board of Medicine defense lawyer, complex health related business transactions, DOH defense attorney, Florida medical marijuana defense attorney, Florida medical marijuana legislation, legal counsel for medical marijuana, legal opinions on medical issues, legal representation for Department of Health issues, legal representation for medical marijuana, legal representation for medical marijuana growers and distributors, marijuana defense attorney, Medical and recreational marijuana use, medical marijuana defense attorney, medical marijuana representation in Florida, reviews of The Health Law Firm, the health law firm, The Health Law Firm attorney reviews, The Health Law Firm reviews|Comments Off

Little Known Facts About State and DOH Investigations That Could Save Your Professional License

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

The notice that you are under investigation may seem nonthreatening. It may come in the mail, be delivered personally by an investigator or you may receive a telephone call from the investigator. This is a very serious matter for you.

Our attorneys include those who are board certified in health law by The Florida Bar, those who are nurses, and those who are themselves licensed health professionals. Our attorneys represent health care professionals and providers at formal administrative hearings at the Division of Administrative Hearings (DOAH), in defense of administrative complaints and in informal hearings before the Department of Health (DOH).
The Following is a list of little known facts about state investigations (including DOH investigations) that could save your license:

1. You do not have to […]

By The Health Law Firm|2024-03-14T10:01:38-04:00May 15, 2018|Categories: Health Facilities Law Blog|Tags: administrative complaint attorney, Board of Medicine representation, DOH defense attorney, Florida health law attorney, health law defense attorney, legal counsel for Board representation, legal representation for administrative complaints, Legal representation for Department of Health (DOH) investigations, legal representation for disciplinary actions against your license, Legal representation for DOH complaints, legal representation for health care professionals, legal representation for license revocation, licensure defense attorney, reviews of The Health Law Firm, the health law firm, The Health Law Firm attorneys review|Comments Off

First Medical Marijuana Dispensary in Hawaii Gets Green Light From DOH

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

On August 8, 2017, after waiting 17 years, Hawaii will begin dispensary sales of medical marijuana to patients. Maui Grown Therapies got the green light from the Hawaii Department of Health (DOH) to begin selling medical cannabis. I know (from reliable sources, that is) that Hawaiian grown marijuana has always been a favorite with the connoisseur.

Maui Grown Therapies.

The Maui dispensary has been pre-registering patients and will begin selling medical cannabis to patients by appointment only, said Freitas Gorman, director of community relations and patient affairs. Walk-in sales will start in about a week.

In 2000, Hawaii was among the first states to legalize medical marijuana. But the state didn’t legalize dispensaries until 2015, so the state’s 18,000 […]

Little Known Facts About State and DOH Investigations That Could Save Your Professional License

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

The notice that you are under investigation may seem nonthreatening. It may come in the mail, be delivered personally by an investigator or you may receive a telephone call from the investigator. This is a very serious matter for you.

Our attorneys include those who are board certified in health law by The Florida Bar, those who are nurses, and those who are themselves licensed health professionals. Our attorneys represent health care professionals and providers at formal administrative hearings at the Division of Administrative Hearings (DOAH), in defense of administrative complaints and in informal hearings before the Department of Health (DOH).
The Following is a list of little known facts about state investigations (including DOH investigations) that could save your license:

1. You do not have to […]

By The Health Law Firm|2024-03-14T10:01:41-04:00May 15, 2018|Categories: Pharmacy Law Blog|Tags: administrative complaint attorney, Board of Medicine representation, DOH defense attorney, Florida health law attorney, health law defense attorney, legal counsel for Board representation, legal representation for administrative complaints, Legal representation for Department of Health (DOH) investigations, legal representation for disciplinary actions against your license, Legal representation for DOH complaints, legal representation for health care professionals, legal representation for license revocation, licensure defense attorney, reviews of The Health Law Firm, the health law firm, The Health Law Firm attorneys review|Comments Off

Appeals Court Affirms Discipline for Doctor Who Sold Prescriptions at Bar

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

On December 15, 2017, a physician who sold painkiller prescriptions to patients at a bar and restaurant, had his two-year probation for unprofessional conduct upheld by a Maryland appeals court. The court upheld the decision after it found that the evidence supported the state board’s disciplinary decision.

Unprofessional Conduct Alleged.

The Court of Special Appeals affirmed the ruling by the Maryland State Board of Physicians (Board) to reprimand Dr. Walter Kozachuk and place him on probation for a minimum of two years for unprofessional conduct in the practice of medicine. The Board claimed he would routinely meet with patients at a restaurant and bar and give them prescriptions for painkillers and anti-anxiety drugs in exchange for $100 per prescription. Additionally, on at least one occasion, he […]

30 Major Mistakes Dentists Make After Being Notified of a Department of Health Investigation- Part 1

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 Department of Health (DOH) complaint which could lead to the revocation of the dentist’s license, usually starts with a simple letter from the DOH. This letter should not be ignored. This is a very serious legal matter and it should be treated as such by the dentist who receives it. Yet, in many cases, we are consulted by dentists after the entire investigation is over. The case has been presented to the Probable Cause Panel and formal charges have been filed against them. They have attempted to represent themselves throughout the case unsuccessfully and the damage has already been done. Often, the mistakes that have been made severely compromise our ability to achieve a favorable result for the dentist.

This is part […]

The 20 Major Mistakes Physicians Make After Being Notified of a Department of Health Investigation

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 physician’s license to practice, 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 physician who receives it. Yet, in many cases, attorneys are consulted by physicians after the entire investigation is over and the damage is already done. Often, the mistakes that have been made severely compromise an attorney’s ability to achieve a favorable result for the physician.

These are the ten biggest mistakes we see in the physician cases we are called upon to defend after a Department of Health investigation of them is commenced:

1. Contacting the Department of Health (DOH) investigator and […]

30 Major Mistakes Dentists Make After Being Notified of a Department of Health Investigation- Part 2

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

This two part blog series discusses the seriousness of receiving a letter of investigation from the Department of Health (DOH) and the importance of consulting an experienced health law attorney. In many cases, we are consulted by dentists after the entire investigation is over. Often, the mistakes that have been made severely compromise our ability to achieve a favorable result for the dentist.

This is part two in a two part blog series. To read part one of this series, click here.

These are the major mistakes we see in the cases we are called upon to defend after a DOH investigation has been initiated against a dentist:

16. Failing to check to see […]