health care attorney | The Health Law Firm Blog

CRIMINAL LAW: Search and Seizure—Probable Cause for Search in Light of—Enactment of Medical Marijuana Law

The guest author of this article is Mark Rieber, Senior Attorney, National Legal Research Group.

In Commonwealth v. Canning, 28 N.E.3d 1156 (Mass. 2015), the court held as a matter of first impression that with the Commonwealth’s new medical marijuana law (“the Act”) in effect, if the police seek a warrant to search a property where they suspect an individual is cultivating or possesses marijuana, then they must first offer information sufficient to provide probable cause to believe that the individual is not properly registered under the Act to possess or cultivate the suspected substance. The court rejected the Commonwealth’s argument that any cultivation of marijuana remained illegal even under the Act. That argument further asserted that to the extent that the Act permits a limited class of properly licensed or registered persons to grow marijuana, the existence of a license or registration is an affirmative defense for […]

By The Health Law Firm|2024-03-14T10:01:05-04:00May 15, 2018|Categories: Health Law, Medical Marijuana, Search and Seizure|Tags: attorney, criminal law, cultivating marijuana, health care attorney, health care law, health care lawyer, health law, KeyWords: search and seizure, lawyer, marijuana, medical marijuana, medical marijuana law, probable cause, warrant|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

New Medical-Marijuana Amendment to be Reviewed for Inclusion on Ballot

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

A new medical-marijuana amendment will be reviewed by the Department of State. The second push in Florida has more than 100,000 signatures in favor to date. The petitions were given to the state on Wednesday by an organization called United for Care.

This Year’s Version Addresses Loopholes.

Critics have said legal marijuana would result in dispensaries on street corners, minors obtaining joints and giving drug dealers a legal supply. This year’s version of the amendment will address all of these issues. It will allow the state to ban felons who are working as care-givers from purchasing for qualified patients.

The New Version Gives New Definition for ‘Qualified Patient.’

Additionally, the amendment tightens the definition of “qualified […]

By The Health Law Firm|2024-03-14T10:01:06-04:00May 15, 2018|Categories: marijuana law, Marijuana Law Blog, Medical Marijuana|Tags: cancer, cancer patients, cannabis, defense attorney, Department of State, florida, Florida marijuana, health attorney, health care attorney, health care lawyer, health conditions, health investigation, health law, marijuana, medical cannabis, medical license, medical marijuana lawyer, medical marijuana petitions, medical THC, petition for rule challenge, petitions, THC, United for Care|Comments Off

United Parcel Service (UPS) Agrees to Pay Settlement for Online Pharmacy Shipping

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

United Parcel Service, Inc. (UPS) will pay $40 million to the Department of Justice (DOJ) to settle a probe related to its shipments on behalf of illicit online pharmacies. This announcement came on March 29, 2013.

Click here to read the press release from the DOJ.

UPS and FedEx Corp., have been the targets of a federal investigation to crackdown on illegal sales of prescription drugs.

UPS Had Previous Warning of Investigation.

From 2003 to 2010, the government warned UPS that internet pharmacies were using its services to distribute controlled substances and prescription drugs, according to the Orlando Sentinel. Federal law prohibits the purchase of controlled substances without a valid prescription from a physician. Even after being made aware, the government alleges UPS did not implement procedures […]

By The Health Law Firm|2024-03-14T10:01:39-04:00May 15, 2018|Categories: Legal Defense for Pharmacists, Pharmacist, Pharmacy, Pharmacy Law, Pharmacy Law Blog, Trafficking Prescription Painkillers|Tags: defense attorney, defense lawyer, Department of Justice (DOJ), distribute controlled substances, distribute prescription drugs, Drug Enforcement Administration (DEA), Florida defense attorney, Florida defense lawyer, health care attorney, health care lawyer, illegal online pharmacy, Inc. (UPS), internet pharmacy, legal representation, online drug purchase, online pharmacy, pharmacies, pharmacy, United Parcel Service|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

Administrative Final Orders Must State Findings of Fact Based on the Evidence Presented

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

Following is a summary of a recent appellate case on an issue relevant to health law:

Borges v. Dep’t of Health, 143 So. 3d 1185 (Fla. 3d DCA 2014).
Gustavo Borges (Borges) appealed a final order of the Florida Board of Dentistry that revoked his license to practice dentistry based on a conviction of the knowing receipt of child pornography under a federal statute.

At hearing, eight lay witnesses and four expert witnesses testified. In the recommended order’s discussion of the evidence presented, which was the basis for the Board’s final order, the administrative law judge (ALJ) discussed the testimony of only one witness-Borges-after concluding that a statement by Borges constituted a concession […]

By The Health Law Firm|2024-03-14T10:01:44-04:00May 15, 2018|Categories: Board of Dentistry, Dental Law, Dentist Defense attorney, Dentistry Law|Tags: adjudication, adjudication withheld, administrative law, administrative law judge, administrative orders, ALJ, appellate court, Board of Dentistry, conviction, criminal law, criminal trial, defense attorney, defense lawyer, dentist criminal charges, dentistry, department of health, desntist, discipline, diversion program, doh, DOH conviction, federal statutes, finding of guilt, Florida Board of Dentistry, health attorney, health care attorney, health care lawyer, health investigation, health law, license, license disciplined, license revoked, medical license, professional license, statutes, testimony|Comments Off

California, Pennsylvania and Kentucky Move to Tighten Laws Related to Controlled Substance

By Lance O. Leider, J.D., The Health Law Firm

In reports from both coasts, three states have recently made moves to tighten monitoring and prescribing of controlled substances. Legislators in California, Pennsylvania and Kentucky are contemplating new actions. Health professionals should take note, these prescription drug monitoring programs can, and will be, used as a prosecution tool.

Details of the Prescription Drug Monitoring Program Possibly Coming to Your State.

According to the Los Angeles Times, California is looking to utilize its prescription drug monitoring program CURES to find physicians who are a little too loose with the prescription pad. Lawmakers are contemplating mining the data compiled by CURES to find physicians who are overprescribing and take action against them. Click here to read the entire Los Angeles Times article.

The Pennsylvania house recently forwarded a bill from committee to the floor for […]

Massage Therapists Need Good Professional Liability Insurance with Broad Coverage

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

Whether you’re an independent contractor, an employee of a chiropractor, physician or spa, or you travel to clients’ homes, insurance is essential for all massage therapists. 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. In Florida, it is not mandatory for a massage therapist to have professional liability insurance. However, since it is so cheap, we always recommend buying coverage. It’s a small price to pay to protect your livelihood. But be sure it covers investigation of your license.

It is now common to be able to find professional liability insurance […]

FDA Issues New Warning for Popular Type 2 Diabetes Drug

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
The Food and Drug Administration (FDA) recently warned that a new class of type 2 diabetes drugs may cause a serious condition and can lead to hospitalization. Included in that warning is Invokana, the first in a new class of frontline treatment for type 2 diabetes. It was approved in 2013 and quickly gained popularity among health care providers and patients. Other drugs in the class include Invokament, Jardiance, Xigduo XR, Farxinga and Glyxambi. These drugs, known as SGLT2 inhibitors, are intended to improve glycemic control in patients with type 2 diabetes by blocking the absorption of glucose in the kidneys.

The Problem.

According to the FDA’s warning, SGLT2 inhibitors can lead to the development of diabetic ketoacidosis, a serious condition that can result in cerebral […]

By The Health Law Firm|2024-03-14T10:01:18-04:00May 15, 2018|Categories: Pharmacy Law Blog|Tags: defense attoryney, defense counsil, defense lawyer, drug side effects, FDA, Food and Drug Administration, health care attorney, health care lawyer, health law, Inkovana, ketoacidosis, plaintiff products liability attorney, products liability attorney, products liability lawyer, recall, safety announcement, safety warning, SGLT2 inhibitors, the health law firm, Type 2 Diabetes Drug|Comments Off

Going to Take the USMLE Step Exams? Beware of Actions That Can Be Called “Irregular Behavior”-Part 1

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

If you are a medical student in or coming to the United States, you are familiar with the United States Medical Licensing Examination (USMLE) Step examinations. Passing these examinations is required to become licensed in the U.S. and to matching for desired U.S. residency programs. For some foreign medical schools, passing the USMLE Step exams is required to actually graduate and received a medical degree.

This is Part 1 of a two part blog.

Violation of the Technicalities in the USMLE Handbook May Lead to a Charge of Irregular Behavior.

Although the Step examinations themselves are detailed and tough, sometimes the rules and policies concerning administration of the exams is what causes a career-ending problem for the applicant. We often are retained to represent candidates for the […]

By The Health Law Firm|2024-03-14T10:01:48-04:00May 15, 2018|Categories: Medical Education Law Blog|Tags: administrative law attorney, administrative proceeding attorney, civil proceeding attorney, criminal proceeding lawyer, Examination Committee for Foreign Medical Graduates (ECFMG) representation, health care attorney, health care lawyer, health law defense attorney, irregular behavior defense attorney, irregular behavior representation, legal representation for health care professionals, medical administrative hearings representation, medical intern attorney, medical intern lawyer, medical resident attorney, medical resident defense attorney, medical resident lawyer, medical resident representation, medical student attorney, medical student defense attorney, medical student lawyer, medical students representation, National Board of Medical Examiners (NBME) representation, NBME defense attorney, reviews of The Health Law Firm attorneys, The Health Law Firm reviews, United States Medical Licensing Examination (USMLE) defense attorney, USMLE appeals attorney, USMLE hearings attorney, USMLE representation|1 Comment