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Florida Telehealth Laws for Mental Health Counselors, Social Workers and Marriage and Family Therapists

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

The Florida Board of Clinical Social Work, Marriage & Family Therapy, and Mental Health Counseling has published the following guidance regarding the provision of telehealth services.

As of October 11, 2021, it is still effective and is provided verbatim as follows:
(See more at: https://floridasmentalhealthprofessions.gov/latest-news/telehealth/)

During the 2019 legislative session, Florida passed section 456.47 Florida Statutes, which establishes standards of practice for telehealth services, including patient evaluations, and record-keeping. The law also authorizes out-of-state health care practitioners to perform telehealth services for patients in Florida. Signed by the Governor on June 25, 2019, this law became effective on July 1, 2019.

Out-of-State Health Care Practitioners.

Out-of-state health care practitioners must be registered with the Florida Department of Health to perform telehealth services for patients in Florida. The out-of-state telehealth provider registration is for health care practitioners licensed outside of Florida ONLY. Florida licensees can already provide telehealth services to patients in Florida that they can treat in person.

Pursuant to section 491.014(4)(d), Florida Statutes, you may practice under a limited basis without a license as specified below:

4) No person shall be required to be licensed, provisionally licensed, registered, or certified under this chapter who:

(d) Is not a resident of this state but offers services in this state, provided:

1. Such services are performed for no more than 15 days in any calendar year; and

2. Such nonresident is licensed or certified to practice the services provided by a state or territory of the United States or by a foreign country or province.

The Department has created a website that allows interested parties to review information about Florida telehealth, sign up for updates, and register to become an out-of-state telehealth provider. For more information, please visit www.flhealthsource.gov/telehealth. Information Regarding a Designated Registered Agent can be found here: https://floridasmentalhealthprofessions.gov/help-center/out-of-state-telehealth-provider-registration/.

For questions, contact the Telehealth Office at [email protected].

Florida Practitioners.

If you would like to provide services to a client outside of the state of Florida, you must contact the board in the jurisdiction where the patient is located. Not all states permit telehealth service even under emergency circumstances.

Florida Registered Interns.

Pursuant to Rule 64B4-2.002, Florida Administrative Code, registered interns may provide face-to-face psychotherapy by electronic methods if the registered intern has a written telehealth protocol and safety plan in place with their current qualified supervisor which includes the provision that the qualified supervisor must be readily available during the electronic therapy session. Additionally, the registered intern and their qualified supervisor must have determined, through their professional judgment, that providing face-to-face psychotherapy by electronic methods is not detrimental to the patient, is necessary to protect the health, safety, or welfare of the patient, the registered intern, or both, and does not violate any existing statutes or regulations.

Qualified supervisors may utilize face-to-face electronic methods, including telephone only communication, to conduct all supervisory sessions for internship hours if the qualified supervisor determines, through their professional judgment, that such methods are not detrimental to the registered intern’s patients and are necessary to protect the health, safety, or welfare of the qualified supervisor, the registered intern, or both.

Any clinical hours obtained via face-to-face psychotherapy by electronic means shall be considered clinical hours for the purpose of meeting internship requirements.

For further information regarding the Florida telehealth guidelines, please click here.

Contact Health Law Attorneys Experienced Investigations of Mental Health Counselors, Psychologists, Social Workers, and Family Therapists.

The attorneys of The Health Law Firm provide legal representation to mental health counselors, psychologists, psychiatrists, social workers, and family therapists in Department of Health (DOH) investigations, Department of Regulatory Agencies (DORA) investigations, board hearings, FBI investigations, and other types of investigations of health professionals and providers.

We also defend health professionals and health facilities in general litigation matters and business litigation matters.

To contact The Health Law Firm, please call (407) 331-6620 or toll-free at (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2021 The Health Law Firm. All rights reserved.

Mental Health Counselors & Social Workers: If You’re Applying for Your Professional License, Read This First!

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

The process of obtaining a mental health counselor or social worker professional license can be challenging and time-consuming. When seeking initial licensure or applying for a license in another state, you should be aware of delays in the application process due to the investigation of credentials and past practice, as well as the need to comply with licensing standards.

Examples That Would Delay Your Mental Healthcare License Application:

• Disciplinary or academic actions during postgraduate training (probation, suspension, remediation)
• Action by another state’s regulatory or licensing board
• Action by a different professional licensing board
• Misdemeanor or felony convictions
• Results of the criminal background check (remember, it shows arrests, not necessarily the results of the arrests)
• Civil judgments/malpractice
• Medical, physical, mental, or chemical dependence impairment/condition within the last five years
• Adverse action against your clinical privileges by a hospital, ambulatory surgical center, skilled nursing facility, or other health facility or professional organization.
• Adverse action (e.g., termination for cause) by a former employer
• Action by a specialty board
• Lack of recent active practice
• Action by DEA against your DEA registration number
• Disciplinary action (especially court-martial) by the military
• Applications that require a petition of waiver or variance for a job

Not being 100% truthful about your history and education is the number one reason for denial of an application for a license! Don’t try to hide potentially derogatory information from a state licensing board, if it is required by the question or the instructions that further elaborate on the question. It is much better to come forward with the information and be upfront.

This being said, you do not want to volunteer adverse information that a question does not ask. For example, if a question asks about felony convictions, DO NOT disclose misdemeanor convictions or traffic ticket convictions. If a question asks about convictions, DO NOT disclose arrests for which you were acquitted or were dismissed. If a question asks about medical malpractice lawsuits, DO NOT disclose civil lawsuits that were not related to malpractice.

Tips to Speed up the License Application Process.

There are ways to ease the process of applying for a mental health counselor or social worker license and get your application processed quicker. Before submitting your application, contact the licensing board and request a copy of its current licensing requirements and the average time it takes to process applications.

Tips to ease the process of applying for mental health counselor or social worker licensure:

1. Submit follow-up documents in a timely manner online or mail them to the correct address (as required). If you cannot obtain requested follow-up documentation, provide a separate, detailed explanation (preferably in the form of an affidavit), of why you cannot do so.

2. Keep in mind that any fees you pay have to be processed by the Department vendor. This may take a few days.

3. Identify any variation of names and nicknames.

4. Once you start the process, submit the application within 30 days so that your supplemental documents, including transcripts, will have an application file in which to be filed.

5. Have the correct address on the application for training programs you have attended and the health facilities at which you have worked.

6. Send in necessary back-up documents in a timely manner.

7. Follow up with sources that are sending the Board of Clinical Social Work, Marriage & Family Therapy, and Mental Health Counseling your documents.

8. Watch for letters or e-mail from your reviewer. This is how you will be instructed on what additional documents or information may be needed for your application to be complete.

9. If asked for follow-up information from the Board, please read the request carefully to identify exactly what is needed to make your application complete.

10. Answer questions honestly and provide an explanation where appropriate. But do not provide information that is not being requested.

Mental health counselors, social workers, and other medical professionals seeking a license should expect at least a 60-day period from the time they initially submit a completed application and the actual date licensure is granted.

For more information and ways that The Health Law Firm can help in licensure matters, visit our Video Q&A section or visit our website’s Areas of Practice page.

Contact Health Law Attorneys With Experience Handling Licensing Issues.

If you are applying for a mental health counselor, social worker, massage therapy, dental, or health care license, have had a license suspended or revoked, or are facing imminent action against your license, it is imperative that you contact an experienced healthcare attorney to assist you in defending your career. Remember, your license is your livelihood, it is not recommended that you attempt to pursue these matters without the assistance of an attorney.

The Health Law Firm routinely represents mental health counselors, social workers, dentists, nurses, physicians, medical groups, clinics, and other healthcare providers in personal and facility licensing issues.

To contact The Health Law Firm please call (407) 331-6620 or toll-free (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

“Obtaining a Medical License.” American Medical Association (AMA). Web.

Florida Board of Clinical Social Work, Marriage & Family Therapy and Mental Health Counseling, “Licensing FAQs,” https://floridasmentalhealthprofessions.gov/licensing/

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave. Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2021 The Health Law Firm. All rights reserved.

From the archives: From the archives: Are You Applying for a Dental or Health Professional License? Read Our Helpful Tips

Previously published on October 6, 2022
Previously published on July 12, 2021

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

The process of obtaining a dental or health professional license can be challenging and time-consuming. When seeking initial licensure or applying for a license in another state, you should be aware of delays in the application process due to the investigation of credentials and past practice, as well as the need to comply with licensing standards.

Here is a List of Examples That Would Delay Your Dental License Application:

• Disciplinary or academic actions during postgraduate training (probation, suspension, remediation)
• Action by another state’s regulatory or licensing board
• Action by a different professional licensing board
• Misdemeanor or felony convictions
• Results of the criminal background check (remember, it shows arrests, not necessarily the results of the arrests)
• Civil judgments/malpractice
• Medical, physical, mental, or chemical dependence impairment/condition within the last five years
• Adverse action against your clinical privileges by a hospital, ambulatory surgical center, skilled nursing facility, or other health facility or professional organization.
• Adverse action (e.g., termination for cause) by a former employer
• Action by a specialty board
• Lack of recent active practice
• Action by DEA against your DEA registration number
• Disciplinary action (especially court-martial) by the military
• Applications that require a petition of waiver or variance for a job

Not being 100% truthful about your history and education is the number one reason for denial of an application for a license! Don’t try to hide potentially derogatory information from a state licensing board, if it is required by the question or the instructions that further elaborate on the question. It is much better to come forward with the information and be upfront.

This being said, you do not want to volunteer adverse information that a question does not ask. For example, if a question asks about felony convictions, DO NOT disclose misdemeanor convictions or traffic ticket convictions. If a question asks about convictions, DO NOT disclose arrests for which you were acquitted or were dismissed. If a question asks about medical malpractice lawsuits, DO NOT disclose civil lawsuits that were not related to malpractice.

There Are Ways to Speed up the Application Process.

There are ways to ease the process of applying for a dental license and get your application processed quicker. Before submitting your application, contact the licensing board and request a copy of its current licensing requirements and the average time it takes to process applications.

Here are some tips to help ease the process of applying for dental or medical licensure:

1. Submit follow-up documents in a timely manner online or mail them to the correct address (as required). If you cannot obtain requested follow-up documentation, provide a separate, detailed explanation (preferably in the form of an affidavit), of why you cannot do so.

2. Keep in mind that any fees you pay have to be processed by the Department vendor. This may take a few days.

3. Identify any variation of names and nicknames.

4. Once you start the process, submit the application within 30 days so that your supplemental documents, including transcripts, will have an application file in which to be filed.

5. Have the correct address on the application for training programs you have attended and the health facilities at which you have worked.

6. Send in necessary back-up documents in a timely manner.

7. Follow up with sources that are sending the Board of Dentistry your documents.

8. Watch for letters or e-mail from your reviewer. This is how you will be instructed on what additional documents or information may be needed for your application to be complete.

9. If asked for follow-up information from the Board, please read the request carefully to identify exactly what is needed to make your application complete.

10. Answer questions honestly and provide an explanation where appropriate. But do not provide information that is not being requested.

Dentists and medical professionals seeking a license should expect at least a 60-day period from the time they initially submit a completed application and the actual date licensure is granted.

For more information and ways that The Health Law Firm can help in licensure matters, visit our Video Q&A section or visit our website’s Areas of Practice page.

Contact Health Law Attorneys With Experience Handling Licensing Issues.

If you are applying for a dental or health care license, have had a license suspended or revoked, or are facing imminent action against your license, it is imperative that you contact an experienced healthcare attorney to assist you in defending your career. Remember, your license is your livelihood, it is not recommended that you attempt to pursue these matters without the assistance of an attorney.

The Health Law Firm routinely represents dentists, nurses, physicians, medical groups, clinics, and other healthcare providers in personal and facility licensing issues.

To contact The Health Law Firm please call (407) 331-6620 or toll-free (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

“Obtaining a Medical License.” American Medical Association (AMA). Web.

Florida Board of Dentistry, “Licensing FAQs,” http://flboardofdentistry.gov/licensure-faqs/

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave. Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2021 The Health Law Firm. All rights reserved.

Florida Governor Signs New Controlled Substance Telemedicine Prescribing Law

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

On April 6, 2022, Florida’s Governor signed into law legislation to remove the state’s prior restrictions on telemedicine prescribing of controlled substances. The new law in Florida allows healthcare providers to prescribe many controlled substances via telemedicine.

Florida Senate Bill (SB) 312, signed into law, eliminates the prior ban that had existed prohibiting the prescription of Schedule II controlled drugs (with certain exceptions). Schedule II drugs can now be prescribed in Florida via telemedicine if the clinical situation meets one of four exceptions.

A Big Win For Patients Whose Treatment Requires Controlled Substances.

The prescribing of controlled substances is a heavily regulated medical service. Healthcare providers must usually meet specific criteria to prescribe controlled substances via telemedicine, including conducting an in-person examination of the patient before moving to telehealth examinations.

The new law will allow Florida clinicians to prescribe refills in connection with their ongoing care management more efficiently. For example, the clinician can periodically conduct patient examinations via telemedicine instead of requiring in-person exams.

SB312 was seen to be a big win for Florida patients with medical conditions requiring controlled substances as part of the treatment regimen. This includes, for example, endocrinology or substance use disorder (both of which use Schedule III medications now permitted under the new law), allowing these patients to obtain better access to more care. This is especially so for patients whose medical conditions may have limited their travel or mobility.

The allowance is limited for Schedule II drugs. It is now allowed but only for the treatment of psychiatric disorders, inpatient treatment at a licensed hospital, hospice services, and treatment for residents in a nursing home.

The Florida Law Doesn’t Supersede Federal Law.

It is important to remember that Florida law doesn’t supersede federal law. Therefore, providers should be certain that they meet the requirements of both federal and state law.

In this context, the telemedicine prescribing of controlled substances is governed by the federal Ryan Haight Act, as well. This means prescribers still need to meet one of seven conditions that would allow them to prescribe a controlled substance via telemedicine without first having an in-person exam. Florida law must be read in harmony with the federal Ryan Haight Act requirements and a prescriber must comply with both.

Learn more about the Ryan Haight Act and the federal requirements.

To view SB312 in full, click here.

Contact Health Law Attorneys Experienced in Handling Medicare Audits, Investigations and other Legal Proceedings.

The attorneys of The Health Law Firm represent healthcare providers in defending audits and investigations by the Department of Health and Human Services, the Department of Justice, The Drug Enforcement Administration (DEA), the Florida Department of Health (DOH), the Colorado Department of Regulatory Agencies, Medicaid Fraud Control Unit (MFCU), state boards of medicine, state boards of pharmacy, and state boards of nursing. They also represent health professionals and providers in administrative litigation (state and federal) and civil litigation (state and federal). They represent physicians, nurses, medical groups, nursing homes, home health agencies, pharmacies, dentists, pharmacies, assisted living facilities, and other healthcare providers and institutions in recovery actions and termination from Medicare and Medicaid Programs.

To contact The Health Law Firm please call (407) 331-6620 or (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

Wicklund, Erik. “NEW FLORIDA LAW OKS PRESCRIBING MOST CONTROLLED SUBSTANCES BY TELEMEDICINE.” Healthleaders Media. (April 11, 2022).Web.

“New Florida Law Allows Telemedicine Prescribing of Controlled Substances.” National Law Review.” (April 7, 2022). Web.

Lacktman, Nathaniel. “New Florida Law Allows Telemedicine Prescribing of Controlled Substances.” Foley & Lardner. (April 7, 2022). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave. Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2022 The Health Law Firm. All rights reserved.

By The Health Law Firm|2024-03-14T09:59:25-04:00July 20, 2023|Categories: Nursing Law Blog|Tags: defense in opioid overprescribing, Department of Health (DOH) complaint defense lawyer, Department of Regulatory Agencies (DORA) defense attorney, Drug Enforcement Administration (DEA) defense lawyer, Drug Enforcement Administration (DEA) hearing attorney, Drug Enforcement Administration (DEA) Order to Show Cause (OTSC) attorney, Florida health law attorney, Florida telemedicine defense lawyer, health care compliance defense lawyer, health care defense attorney, health law defense attorney, informal administrative hearing attorney, legal defense in medical board complaint, legal defense representation in OIG investigations, legal representation for Board of Medicine investigation, legal representation for board of nursing complaint investigation, legal representation for board of pharmacy complaint investigation, legal representation for defense of health care fraud, legal representation for defense of Medicare and Medicaid fraud charges, Medicaid and Medicare fraud defense lawyer attorney, medical board attorney, medical license defense counsel, medical licensure attorney, Medicare and Medicaid fraud defense attorney, Medicare Medicaid audit defense lawyer, mental health counselor and social worker defense attorney, nurse attorney, nursing complaint defense attorney, OIG investigation defense attorney, pharmacist defense lawyer, pharmacy defense lawyer, professional licensure defense attorney, protecting your professional license, representation for applying for a medical license, representation for Board of Clinical Social Work, representation for pharmacist, representation for pharmacy, Representation for telehealth, representation for telehealth investigations, representation for telemedicine, representation for telemedicine investigations, representation of health care professionals, reviews of The Health Law Firm, reviews of The Health Law Firm attorneys, telehealth defense lawyer, telehealth lawyer, telehealth provider investigation defense lawyer attorney, telemedicine attorney, telemedicine defense attorney, telemedicine representation, the health law firm, The Health Law Firm attorney reviews|Comments Off

State Nursing Boards Delay Nursing Licenses Across the U.S. Even As COVID-19 Pandemic Continues

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

Staffing shortages at hospitals across the U.S. are worsening helped along by state boards and other licensing authorities taking months to process nursing licenses, a recent NPR survey claims. As a result, thousands of new nurses who want to help during the COVID-19 pandemic are reportedly getting sidelined by state bureaucratic red tape. Now, it’s resulted in a considerable backlog in nurses waiting for jobs.

State nursing boards are usually created and charged with safeguarding the public. But there are those who claim they have become an obstacle to ensuring public safety by preventing qualified nurses from getting into the workforce. A review of statistics from nursing boards shows that new applications are taking months to be reviewed and approved when basic vetting should take only weeks.

An Investigation Into Nursing Applications.

In 2021, National Public Radio (NPR) examined license applications and found that newly graduated nurses and those moving to new states often get sidelined by state bureaucracies for months, waiting for state approval to treat patients. This is occurring at a time of extreme nursing shortages and increased demand for nurses to work during a pandemic.

Of course, we may have those who want to challenge whether or not there is a pandemic still going on. But we feel that those nurses working in hospitals right now can tell us. We also believe that not enough time has passed since the last wave went over us to state that the pandemic has ended.

The Following are some key findings from NPR’s investigation:

1. How long is too long to wait for your license? Almost one (1) in ten (10) nurses issued new licenses last year waited six (6) months or longer, according to an analysis of licensing records from 32 states. More than a third of these 226,000 registered nurses and licensed practical nurses had to wait at least three (3) months. The processing time varies because each state has its own rules. Generally, state boards have to check a nurse’s education, run a criminal background check, and wait for new graduates to pass a national exam. This all does take time. However, some of the procedures, such as fingerprinting and background checks have speeded up tremendously over the past decade.

2. Applicants are stuck in license limbo. Some state nursing boards blame slow processing times on staff shortages, increased workloads, and remote work. California’s nursing board, for example, has just 47 people on staff handling tens of thousands of applications for licenses. That’s for a state with nearly a half-million RNs. To put it into more perspective, that works out to 10,000 nurses for each employee to assist.

3. When does the clock start? NPR’s investigation found that states often start the clock on processing times only after an application is marked complete. Some nurses NPR spoke with described scenarios where they spent weeks or longer arguing with the licensing authority that their applications were complete. In addition, many state boards don’t count that lost time when measuring how long it takes to process an application.

4. Some states aren’t part of any interstate agreement. Several large states have refused to join the Nurse Licensure Compact, which allows nurses to use licenses across state lines — sort of like a driver’s license lets you drive across state lines. One reason cited for this is that many nursing boards make most of their money, sometimes tens of millions of dollars, just from the licensing fees.

Overall, researchers found that one (1) in ten (10) nurses who received new licenses from nursing boards in 2021 waited six (6) months or longer. More than one-third of the nurses waited at least three (3) months. NPR reported: “[Nurses are] emotionally exhausted. They’re physically exhausted. We add to that the frustration of not being able to get your license,” Betsy Snook, BSN, RN, who is CEO of the Pennsylvania State Nurses Association, reportedly told NPR.

To learn some helpful tips if you are applying for your nursing license, click here to read my prior blog.

Contact Health Law Attorneys With Experience Handling Licensing Issues.

If you are applying for a nursing or health care license, have had a license suspended or revoked, or are facing imminent action against your license, it is imperative that you contact an experienced healthcare attorney to assist you in defending your career. Remember, your license is your livelihood, it is not recommended that you attempt to pursue these matters without the assistance of an attorney.

The Health Law Firm routinely represents nurses, physicians, dentists, medical groups, clinics, and other healthcare providers in personal and facility licensing issues.

To contact The Health Law Firm please call (407) 331-6620 or toll-free (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

“Nurses are waiting 6 months or more for licenses despite hospitals’ need for nurses.” Georgia Public Broadcasting. (March 10, 2022). Web.

Fast, Austin. “Nurses are waiting months for licenses as hospital staffing shortages spread.” NPR. (March 11, 2022). Web.

Gooch, Kelly. “Nurse license wait times complicating staffing shortages.” Becker’s Hospital Review. (March 11, 2022). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2022 The Health Law Firm. All rights reserved.

By The Health Law Firm|2024-03-14T09:59:26-04:00July 6, 2023|Categories: Nursing Law Blog|Tags: attorney for nurses, board of nursing application legal representation, board of nursing hearing defense attorney, board of nursing hearing lawyer, Board of nursing legal defense representation, board of nursing license defense lawyer, certification hearing defense attorney, certified registered nurse anesthetist CRNA defense lawyer, certified registered nurse anesthetist CRNA hearing attorney, certified registered nurse anesthetist CRNA investigation and hearing lawyer, defense attorney for board of nursing hearing, defense attorney for board of nursing investigation, defense lawyer for department of health investigation, defense lawyer for nursing investigation, Department of Health investigation defense attorney, drug diversion defense attorney, health care defense attorney, lawyer to defend nurse against charges, legal representation for certified registered nurse anesthetist CRNA, legal representation for nurse, legal representation for nurse practitioner, license revocation legal representation, nurse defense attorney, nurse practitioner investigation and hearing defense lawyer, nurse practitioner NP defense lawyer, nurse practitioner NP hearing attorney, nursing board defense attorney, nursing board defense legal representation, professional licensure defense attorney, representation for nurse licensure matters, representation for nurses, reviews of The Health Law Firm, The Health Law Firm reviews|Comments Off

Massage Therapists-You MUST Obtain License Complaint Defense Coverage Insurance

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

I am often called on to represent massage therapists accused of sexually molesting a client during the course of the massage or for offering sex to an undercover agent. Most often, this type of case comes to us from a complaint filed with the Department of Health, the umbrella agency over the Board of Massage Therapy. Often the complaint is a made-up one or is based on mistaken identity or an incorrect perception on the part of the customer.

The tragic part of this story is that often, the case could be defended and the charges against the massage therapist dismissed, but the massage therapist does not have the money to retain a good, experienced attorney. As a result, the massage therapist must either give up their license or be found guilty, revoked, lose their board certification, and no longer has a job or profession. It is very inexpensive, often less than $100 per year.

That is why we say that all massage therapists absolutely should purchase professional liability insurance that includes coverage to pay for the legal defense of a complaint filed against the massage therapist’s license. Not all professional liability insurance does provide this type of coverage, so you must check and make sure your does.

Professional Liability Insurance with Professional License Defense Coverage is Cheap–Buy It.

Professional liability insurance with professional license defense coverage is very inexpensive for a massage therapist. It often costs less than $200 per year. When you have it, it will pay for a lawyer to defend you right from the very start, when you first find out there may be a complaint against you, even if no lawsuit is filed.

Yet, so often we see a massage therapist falsely accused of a wrong-doing, laid of from their job, without any money, and therefore unable to hire a lawyer to defend themselves. This type of insurance can be invaluable. It can save your license and your career.

If You Have a Policy, Check it for this Type of Coverage.

Even if you have a professional liability insurance policy, it may not contain this type of coverage. Check your policy. Call or write the company to find out if you are not sure. If it does not have professional license defense coverage, sometimes called “State Licensing Board Complaint Coverage” ask if you can purchase a “rider” to your insurance policy that does provide such coverage, even if no law suit is filed. If your company does not offer such coverage at all, then immediately purchase a different policy with a different company.

Employers: Make Your Employees Purchase Insurance Coverage.

If you employee massage therapists or you own a massage establishment, then you should require your employees to purchase such insurance coverage and have your company or establishment included as a “named insured” on the policy. Again, these policies are very inexpensive for the massage therapist to purchase, so you might even consider paying for such insurance if the employee claims they can’t afford it.

Often when a client or customer is thinking about suing a company or a massage therapist, their attorney will tell them to file a complaint with the licensing board. Then the licensing board will do all the investigating needed on the case and will even hire experts to review the case. Later, if the licensing board rules that the massage therapist (or massage establishment) is at fault, the plaintiff’s attorney can use all of that information in a civil law suit against the massage therapist of the employer.

You can prevent this by ensuring that you have legal defense from day one.

There Is Nothing That Prohibits You from Having Two Policies.

If your present insurance policy does not include professional license defense coverage or if it only includes a small amount ($5,000 or $10,000) consider purchasing an additional policy from a different company.

Companies That Offer Professional License Defense Coverage for Massage Therapists.

Following are the names of the professional liability insurance companies that we have been able to find that offer good professional license defense coverage at a low rate as of January 2023:

1. CPH Insurance–In our opinion, the best coverage that is available. It includes “State Licensing Board Defense Coverage” up to $35,000 for defense of a licensing board complaint. Customers can increase this limit to $75,000 for an additional $75 premium, or to a $100,000 limit for a $100 additional premium (which we recommend doing). See https://www.cphins.com/

2. HPSO (Healthcare Providers Service Organization) Insurance–Great coverage at a low price. See https://www.hpso.com/

3. CM&F Group Insurance. See https://www.cmfgroup.com/contact-us/

4. AMTA (American Massage Therapy Association) Insurance (but may only provide coverage while you remain a member of this organization). See https://www.amtamassage.org/massage-insurance/overview

5. ProLiability Insurance, powered by AMBA (Association Member Benefits Advisors, LLC). See https://www.proliability.com/professional-liability-insurance/

There may be others out there and if you come across one, please let me know. I am always looking to expand my list.

For more information and ways that The Health Law Firm can help in licensure matters, visit our Video Q&A section or visit our website’s Areas of Practice page.

Contact Health Law Attorneys With Experience Handling Licensing Issues.

If you are applying for a massage therapy, dental, or health care license, have had a license suspended or revoked, or are facing imminent action against your license, it is imperative that you contact an experienced healthcare attorney to assist you in defending your career. Remember, your license is your livelihood, it is not recommended that you attempt to pursue these matters without the assistance of an attorney.

The Health Law Firm routinely represents massage therapists, dentists, nurses, physicians, medical groups, clinics, and other healthcare providers in personal and facility licensing issues.

To contact The Health Law Firm please call (407) 331-6620 or toll-free (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave. Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.

Current Open Positions with The Health Law Firm. The Health Law Firm always seeks qualified individuals interested in health law. Its main office is in the Orlando, Florida, area. If you are a current member of The Florida Bar or a qualified professional who is interested, please forward a cover letter and resume to: [email protected] or fax them to (407) 331-3030.

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2023 The Health Law Firm. All rights reserved.

By The Health Law Firm|2024-03-14T09:59:34-04:00February 2, 2023|Categories: Massage Law Blog|Tags: Board of Massage Therapy defense lawyer, Board of Massage Therapy representation, Board of Medicine legal representation, CM&F Group Insurance defense lawyer AMTA (American Massage Therapy Association) Insurance defense lawyer, CPH Insurance defense attorney, credentials committee hearing attorney, credentials committee hearing lawyer, credentials committee hearing legal representation, health care defense attorney, health care professional representation, HPSO defense lawyer, license complaint defense attorney, license investigation defense lawyer, license revocation attorney, license revocation legal representation, license suspension defense lawyer, license suspension legal representation, Massage Therapist defense attorney, medical board attorney, medical license defense counsel, medical licensure attorney, professional licensure defense attorney, ProLiability Insurance defense attorney, protecting your professional license, representation for applying for a medical license, representation for Board of Massage Therapy complaints, representation for Board of Massage Therapy investigations, representation for Department of Health investigations, representation for health care investigations, representation for massage therapists, representation for massage therapy professionals, representation for medical license appeal, representation for medical licensee matters, representation for professional license actions, reviews of The Health Law Firm, The Health Law Firm reviews|Comments Off

Are You Applying for a Nursing or Health Professional License? Read Our Helpful Tips First!

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

The process of obtaining a nursing or health professional license can be challenging and time-consuming. When seeking initial licensure or applying for a license in another state, you should be aware of delays in the application process due to the investigation of credentials and past practice, as well as the need to comply with licensing standards.

Here is a List of Examples That Would Delay Your Application:

• Disciplinary or academic actions during postgraduate training (probation, suspension, remediation)
• Action by another state’s regulatory or licensing board
• Action by a different professional licensing board
• Misdemeanor or felony convictions
• Results of the criminal background check (remember, it shows arrests, not necessarily the results of the arrests)
• Civil judgments/malpractice
• Medical, physical, mental, or chemical dependence impairment/condition within the last five years
• Adverse action against your clinical privileges by a hospital, ambulatory surgical center, skilled nursing facility, or other health facility or professional organization.
• Adverse action (e.g., termination for cause) by a former employer
• Action by a specialty board
• Lack of recent active practice
• Action by DEA against your DEA registration number
• Disciplinary action (especially court-martial) by the military
• Applications that require a petition of waiver or variance for a job

Not being 100% truthful about your history and education is the number one reason for denial of an application for a license! Don’t try to hide potentially derogatory information from a state licensing board, if it is required by the question or the instructions that further elaborate on the question. It is much better to come forward with the information and be upfront.

This being said, you do not want to volunteer adverse information that a question does not ask. For example, if a question asks about felony convictions, DO NOT disclose misdemeanor convictions or traffic ticket convictions. If a question asks about convictions, DO NOT disclose arrests for which you were acquitted or were dismissed. If a question asks about medical malpractice lawsuits, DO NOT disclose civil lawsuits that were not related to malpractice.

How to Speed up the Application Process.

There are ways to ease the process of applying for a nursing license and get your application processed quicker. Before submitting your application, contact the licensing board and request a copy of its current licensing requirements and the average time it takes to process applications.

The following are tips to help ease the process of applying for medical licensure:

1. Submit follow-up documents in a timely manner online or mail them to the correct address (as required). If you cannot obtain requested follow-up documentation, provide a separate, detailed explanation (preferably in the form of an affidavit), of why you cannot do so.

2. Keep in mind that any fees you pay have to be processed by the Department vendor. This may take a few days.

3. Identify any variation of names and nicknames.

4. Once you start the process, submit the application within 30 days so that your supplemental documents, including transcripts, will have an application file in which to be filed.

5. Have the correct address on the application for training programs you have attended and the health facilities at which you have worked.

6. Send in necessary back-up documents in a timely manner.

7. Follow up with sources that are sending the Board of Nursing your documents.

8. Watch for letters or e-mail from your reviewer. This is how you will be instructed on what additional documents or information may be needed for your application to be complete.

9. If asked for follow-up information from the Board, please read the request carefully to identify exactly what is needed to make your application complete.

10. Answer questions honestly and provide an explanation where appropriate. But do not provide information that is not being requested.

Nurses and medical professionals seeking a license should expect at least a 60-day period from the time they initially submit a completed application and the actual date licensure is granted.

For more information and ways that The Health Law Firm can help in licensure matters, visit our Video Q&A section or visit our website’s Areas of Practice page.

Contact Health Law Attorneys With Experience Handling Licensing Issues.

If you are applying for a nursing or health care license, have had a license suspended or revoked, or are facing imminent action against your license, it is imperative that you contact an experienced healthcare attorney to assist you in defending your career. Remember, your license is your livelihood, it is not recommended that you attempt to pursue these matters without the assistance of an attorney.

The Health Law Firm routinely represents nurses, physicians, dentists, medical groups, clinics, and other healthcare providers in personal and facility licensing issues.

To contact The Health Law Firm please call (407) 331-6620 or toll-free (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

“Obtaining a Medical License.” American Medical Association (AMA). Web.

Florida Board of Nursing, “Licensing FAQs,” http://flboardofnursing.gov/licensure-faqs/

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave. Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2021 The Health Law Firm. All rights reserved.

By The Health Law Firm|2024-03-14T09:59:38-04:00June 2, 2021|Categories: Nursing Law Blog|Tags: Board of Medicine legal representation, board of nursing defense lawyer, Board of Nursing representation, credentials committee hearing attorney, credentials committee hearing lawyer, credentials committee hearing legal representation, health care defense attorney, health care professional representation, legal representation for medical graduates, legal representation for obtaining medical license, license revocation attorney, license revocation representation, license suspension defense lawyer, license suspension legal representation, medical board attorney, medical license defense counsel, medical licensure attorney, nurse defense attorney, professional licensure defense attorney, protecting your professional license, representation for applying for a medical license, representation for Board of Nursing complaints, representation for Board of Nursing investigations, representation for Department of Health investigations, representation for health care investigations, representation for licensure actions, representation for medical licensure appeal, representation for medical licensure matters, representation for nurses, reviews of The Health Law Firm, The Health Law Firm reviews|1 Comment

Psychologists and Health Professional License Applications: Do’s & Don’ts

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

The process of obtaining a medical or health professional license can be challenging and time-consuming. When seeking initial licensure or applying for a license in another state, you should be aware of delays in the application process due to the investigation of credentials and past practice, as well as the need to comply with licensing standards.

Here is a List of Examples That Would Delay Your Application:

• Disciplinary or academic actions during postgraduate training (probation, suspension, remediation)
• Action by another state’s regulatory or licensing board
• Action by a different professional licensing board
• Misdemeanor or felony convictions
• Results of the criminal background check (remember, it shows arrests, not necessarily the results of the arrests)
• Civil judgments/malpractice
• Medical, physical, mental, or chemical dependence impairment/condition within the last five years
• Adverse action against your clinical privileges by a hospital, ambulatory surgical center, skilled nursing facility, or other health facility or professional organization.
• Adverse action (e.g., termination for cause) by a former employer
• Action by a specialty board
• Lack of recent active practice
• Action by DEA against your DEA registration number
• Disciplinary action (especially court-martial) by the military
• Applications that require a petition of waiver or variance for a job

Not being 100% truthful about your history and education is the number one reason for denial of an application for a license! Don’t try to hide potentially derogatory information from a state licensing board, if it is required by the question or the instructions that further elaborate on the question. It is much better to come forward with the information and be upfront.

This being said, you do not want to volunteer adverse information that a question does not ask. For example, if a question asks about felony convictions, DO NOT disclose misdemeanor convictions or traffic ticket convictions. If a question asks about convictions, DO NOT disclose arrests for which you were acquitted or were dismissed. If a question asks about medical malpractice lawsuits, DO NOT disclose civil lawsuits that were not related to malpractice.

How to Speed up the Application Process.

There are ways to ease the process of applying for a mental healthcare license and get your application processed quicker. Before submitting your application, contact the licensing board and request a copy of its current licensing requirements and the average time it takes to process applications.

The following are tips to help ease the process of applying for Professional licensure:

1. Submit follow-up documents in a timely manner online or mail them to the correct address (as required). If you cannot obtain requested follow-up documentation, provide a separate, detailed explanation (preferably in the form of an affidavit), of why you cannot do so.

2. Keep in mind that any fees you pay have to be processed by the Department vendor. This may take a few days.

3. Identify any variation of names and nicknames.

4. Once you start the process, submit the application within 30 days so that your supplemental documents, including transcripts, will have an application file in which to be filed.

5. Have the correct address on the application for training programs you have attended and the health facilities at which you have worked.

6. Send in necessary back-up documents in a timely manner.

7. Follow up with sources that are sending the Florida Board of Clinical Social Work, Marriage & Family Therapy, and Mental Health Counseling your documents.

8. Watch for letters or e-mail from your reviewer. This is how you will be instructed on what additional documents or information may be needed for your application to be complete.

9. If asked for follow-up information from the Board, please read the request carefully to identify exactly what is needed to make your application complete.

10. Answer questions honestly and provide an explanation where appropriate. But do not provide information that is not being requested.

Psychologists and mental health professionals seeking a license should expect at least a 60-day period from the time they initially submit a completed application and the actual date licensure is granted.

For more information and ways that The Health Law Firm can help in licensure matters, visit our Video Q&A section or visit our website’s Areas of Practice page.

Contact Health Law Attorneys With Experience Handling Licensing Issues.

If you are applying for a mental healthcare license, have had a license suspended or revoked, or are facing imminent action against your license, it is imperative that you contact an experienced healthcare attorney to assist you in defending your career. Remember, your license is your livelihood, it is not recommended that you attempt to pursue these matters without the assistance of an attorney.

The Health Law Firm routinely represents psychologists, mental health professionals, physicians, dentists, nurses, medical groups, clinics, and other healthcare providers in personal and facility licensing issues.

To contact The Health Law Firm please call (407) 331-6620 or toll-free (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

“Obtaining a Medical License.” American Medical Association (AMA). Web.

Florida Board of Medicine, “Licensing FAQs,” http://flboardofmedicine.gov/licensure-faqs/

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave. Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2021 The Health Law Firm. All rights reserved.

By The Health Law Firm|2024-03-14T09:59:40-04:00April 30, 2021|Categories: Mental Health Law Blog|Tags: Board of Medicine legal representation, credentials committee hearing attorney, credentials committee hearing lawyer, credentials committee hearing legal representation, health care defense attorney, health care professional representation, legal representation for medical graduates, legal representation for obtaining medical license, license revocation attorney, license revocation representation, license suspension defense lawyer, license suspension legal representation, medical board attorney, medical license defense counsel, medical licensure attorney, professional licensure defense attorney, protecting your professional license, representation for applying for a medical license, representation for Department of Health investigations, representation for health care investigations, representation for licensure actions, representation for medical licensure appeal, representation for medical licensure matters, reviews of The Health Law Firm, The Health Law Firm reviews|Comments Off

Are You Applying for a Massage Therapist or Health Professional License? Follow Our Tips

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

The process of obtaining a massage therapist or health professional license can be challenging and time-consuming. When seeking initial licensure or applying for a license in another state, you should be aware of delays in the application process due to the investigation of credentials and past practice, as well as the need to comply with licensing standards.

Here is a List of Examples That Would Delay Your Massage Therapy License Application:

• Disciplinary or academic actions during postgraduate training (probation, suspension, remediation)
• Action by another state’s regulatory or licensing board
• Action by a different professional licensing board
• Misdemeanor or felony convictions
• Results of the criminal background check (remember, it shows arrests, not necessarily the results of the arrests)
• Civil judgments/malpractice
• Medical, physical, mental, or chemical dependence impairment/condition within the last five years
• Adverse action against your clinical privileges by a hospital, ambulatory surgical center, skilled nursing facility, or other health facility or professional organization.
• Adverse action (e.g., termination for cause) by a former employer
• Action by a specialty board
• Lack of recent active practice
• Action by DEA against your DEA registration number
• Disciplinary action (especially court-martial) by the military
• Applications that require a petition of waiver or variance for a job

Not being 100% truthful about your history and education is the number one reason for denial of an application for a license! Don’t try to hide potentially derogatory information from a state licensing board, if it is required by the question or the instructions that further elaborate on the question. It is much better to come forward with the information and be upfront.

This being said, you do not want to volunteer adverse information that a question does not ask. For example, if a question asks about felony convictions, DO NOT disclose misdemeanor convictions or traffic ticket convictions. If a question asks about convictions, DO NOT disclose arrests for which you were acquitted or were dismissed. If a question asks about medical malpractice lawsuits, DO NOT disclose civil lawsuits that were not related to malpractice.

Ways to Speed up the License Application Process.

There are ways to ease the process of applying for a massage therapist license and get your application processed quicker. Before submitting your application, contact the licensing board and request a copy of its current licensing requirements and the average time it takes to process applications.

Here are some tips to help ease the process of applying for massage therapist or medical licensure:

1. Submit follow-up documents in a timely manner online or mail them to the correct address (as required). If you cannot obtain requested follow-up documentation, provide a separate, detailed explanation (preferably in the form of an affidavit), of why you cannot do so.

2. Keep in mind that any fees you pay have to be processed by the Department vendor. This may take a few days.

3. Identify any variation of names and nicknames.

4. Once you start the process, submit the application within 30 days so that your supplemental documents, including transcripts, will have an application file in which to be filed.

5. Have the correct address on the application for training programs you have attended and the health facilities at which you have worked.

6. Send in necessary back-up documents in a timely manner.

7. Follow up with sources that are sending the Board of Massage Therapy your documents.

8. Watch for letters or e-mail from your reviewer. This is how you will be instructed on what additional documents or information may be needed for your application to be complete.

9. If asked for follow-up information from the Board, please read the request carefully to identify exactly what is needed to make your application complete.

10. Answer questions honestly and provide an explanation where appropriate. But do not provide information that is not being requested.

Massage therapists and other medical professionals seeking a license should expect at least a 60-day period from the time they initially submit a completed application and the actual date licensure is granted.

For more information and ways that The Health Law Firm can help in licensure matters, visit our Video Q&A section or visit our website’s Areas of Practice page.

Contact Health Law Attorneys With Experience Handling Licensing Issues.

If you are applying for a massage therapy, dental, or health care license, have had a license suspended or revoked, or are facing imminent action against your license, it is imperative that you contact an experienced healthcare attorney to assist you in defending your career. Remember, your license is your livelihood, it is not recommended that you attempt to pursue these matters without the assistance of an attorney.

The Health Law Firm routinely represents dentists, nurses, physicians, medical groups, clinics, and other healthcare providers in personal and facility licensing issues.

To contact The Health Law Firm please call (407) 331-6620 or toll-free (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

“Obtaining a Medical License.” American Medical Association (AMA). Web.

Florida Board of Massage Therapy, “Licensing FAQs,” http://flboardofmassagetherapy.gov/licensure-faqs/

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave. Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2021 The Health Law Firm. All rights reserved.

By The Health Law Firm|2024-03-14T09:59:45-04:00March 24, 2021|Categories: Massage Law Blog|Tags: Board of Massage Therapy defense lawyer, Board of Massage Therapy representation, Board of Medicine legal representation, credentials committee hearing attorney, credentials committee hearing lawyer, credentials committee hearing legal representation, health care defense attorney, health care professional representation, legal representation for medical graduates, legal representation for obtaining medical license, license revocation attorney, license revocation representation, license suspension defense lawyer, license suspension legal representation, Massage Therapist defense attorney, medical board attorney, medical license defense counsel, medical licensure attorney, professional licensure defense attorney, protecting your professional license, representation for applying for a medical license, representation for Board of Massage Therapy complaints, representation for Board of Massage Therapy investigations, representation for Department of Health investigations, representation for health care investigations, representation for licensure actions, representation for massage therapists, representation for massage therapy professionals, representation for medical licensure appeal, representation for medical licensure matters, reviews of The Health Law Firm, The Health Law Firm reviews|Comments Off

Are You Applying for a Medical or Health Professional License? Follow Our Helpful Tips

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

The process of obtaining a medical or health professional license can be challenging and time-consuming. When seeking initial licensure or applying for a license in another state, you should be aware of delays in the application process due to the investigation of credentials and past practice, as well as the need to comply with licensing standards.

Here is a List of Examples That Would Delay Your Application:

• Disciplinary or academic actions during postgraduate training (probation, suspension, remediation)
• Action by another state’s regulatory or licensing board
• Action by a different professional licensing board
• Misdemeanor or felony convictions
• Results of the criminal background check (remember, it shows arrests, not necessarily the results of the arrests)
• Civil judgments/malpractice
• Medical, physical, mental, or chemical dependence impairment/condition within the last five years
• Adverse action against your clinical privileges by a hospital, ambulatory surgical center, skilled nursing facility, or other health facility or professional organization.
• Adverse action (e.g., termination for cause) by a former employer
• Action by a specialty board
• Lack of recent active practice
• Action by DEA against your DEA registration number
• Disciplinary action (especially court-martial) by the military
• Applications that require a petition of waiver or variance for a job

Not being 100% truthful about your history and education is the number one reason for denial of an application for a license! Don’t try to hide potentially derogatory information from a state licensing board, if it is required by the question or the instructions that further elaborate on the question. It is much better to come forward with the information and be upfront.

This being said, you do not want to volunteer adverse information that a question does not ask. For example, if a question asks about felony convictions, DO NOT disclose misdemeanor convictions or traffic ticket convictions. If a question asks about convictions, DO NOT disclose arrests for which you were acquitted or were dismissed. If a question asks about medical malpractice lawsuits, DO NOT disclose civil lawsuits that were not related to malpractice.

How to Speed up the Application Process.

There are ways to ease the process of applying for a medical license and get your application processed quicker. Before submitting your application, contact the licensing board and request a copy of its current licensing requirements and the average time it takes to process applications.

The following are tips to help ease the process of applying for medical licensure:

1. Submit follow-up documents in a timely manner online or mail them to the correct address (as required). If you cannot obtain requested follow-up documentation, provide a separate, detailed explanation (preferably in the form of an affidavit), of why you cannot do so.

2. Keep in mind that any fees you pay have to be processed by the Department vendor. This may take a few days.

3. Identify any variation of names and nicknames.

4. Once you start the process, submit the application within 30 days so that your supplemental documents, including transcripts, will have an application file in which to be filed.

5. Have the correct address on the application for training programs you have attended and the health facilities at which you have worked.

6. Send in necessary back-up documents in a timely manner.

7. Follow up with sources that are sending the Board of Medicine your documents.

8. Watch for letters or e-mail from your reviewer. This is how you will be instructed on what additional documents or information may be needed for your application to be complete.

9. If asked for follow-up information from the Board, please read the request carefully to identify exactly what is needed to make your application complete.

10. Answer questions honestly and provide an explanation where appropriate. But do not provide information that is not being requested.

Medical professionals seeking a license should expect at least a 60-day period from the time they initially submit a completed application and the actual date licensure is granted.

For more information and ways that The Health Law Firm can help in licensure matters, visit our Video Q&A section or visit our website’s Areas of Practice page.

Contact Health Law Attorneys With Experience Handling Licensing Issues.

If you are applying for a medical license, have had a license suspended or revoked, or are facing imminent action against your license, it is imperative that you contact an experienced healthcare attorney to assist you in defending your career. Remember, your license is your livelihood, it is not recommended that you attempt to pursue these matters without the assistance of an attorney.

The Health Law Firm routinely represents physicians, dentists, nurses, medical groups, clinics, and other healthcare providers in personal and facility licensing issues.

To contact The Health Law Firm please call (407) 331-6620 or toll-free (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

“Obtaining a Medical License.” American Medical Association (AMA). Web.

Florida Board of Medicine, “Licensing FAQs,” http://flboardofmedicine.gov/licensure-faqs/

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave. Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2021 The Health Law Firm. All rights reserved.

By The Health Law Firm|2024-03-14T09:59:48-04:00March 1, 2021|Categories: Medical Education Law Blog|Tags: Board of Medicine legal representation, credentials committee hearing attorney, credentials committee hearing lawyer, credentials committee hearing legal representation, health care defense attorney, health care professional representation, legal representation for medical graduates, legal representation for obtaining medical license, license revocation attorney, license revocation representation, license suspension defense lawyer, license suspension legal representation, medical board attorney, medical license defense counsel, medical licensure attorney, professional licensure defense attorney, protecting your professional license, representation for applying for a medical license, representation for Department of Health investigations, representation for health care investigations, representation for licensure actions, representation for medical licensure appeal, representation for medical licensure matters, reviews of The Health Law Firm, The Health Law Firm reviews|Comments Off