10 Biggest Mistakes Dentists Make That Cause DOH Complaints

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

In representing dentists in complaints against their licenses, we see similar cases over and over again. The dentists could have avoided many Department of Health (DOH) complaints that may wind up before the Board of Dentistry.

These are the ten biggest mistakes we see dentists make, leading to DOH complaints being filed and investigations being opened against them.

1.  Requiring patients to pay an outstanding dental bill before releasing a copy of their dental records. This is prohibited by law. However, the patient can be charged for the copy of the record, up to $1.00 per page for the first 25 pages, ($.25 per page after that), and actual costs of reproduction for other forms of dental records (X-rays, CD’s photographs).

2.  Not having the […]

Two Admins at a Veterans Home Criminally Charged For Mishandling Deadly COVID-19 Outbreak

George Indest Headshot

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

On September 25, 2020, two administrators at a Massachusetts veterans home were criminally charged with negligence for their role in a COVID-19 outbreak that killed 76 veterans. Attorney General (AG) Maura Healey reportedly stated that the criminal case involving Soldiers’ Home in Holyoke (SHH) is the first in the country against nursing home operators related to the pandemic.

Mishandling of the Coronavirus Outbreak.

The superintendent and the facility’s former medical director were indicted by a grand jury and charged with recklessly permitting bodily injury or abuse to the residents. The charges stem from their decision to combine two dementia units in March of 2020. They are accused of packing residents who were positive for the coronavirus into the same space as […]

Going For an Evaluation With Your State Providers Health Program, Peer Assistance Program, Intervention Project for Nurses, or Professionals Resource Network? Tips on What NOT To Do!

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

So you are a physician, nurse or other health professional who has been accused of drug diversion, alcohol use at work, being impaired because of use of drugs or alcohol, or being positive on a drug test. You have been reported to the state board or to your employer who has now reported you to the Professionals Resource Network (PRN), the Intervention Project for Nurses (IPN), the state peer assistance program, or the providers health program. It has contacted you and you have agreed to go to an evaluation by one of the program’s trained evaluators.

Here are a few tips that may help you. These are based on the mistakes that our clients have made before contacting us or retaining us to advise and […]

Two Administrators Charged With Negligence For Deadly COVID-19 Outbreak at Veterans Home

George Indest Headshot

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

On September 25, 2020, two administrators at a Massachusetts veterans home were criminally charged with negligence for their role in a COVID-19 outbreak that killed 76 veterans. Attorney General (AG) Maura Healey reportedly stated that the criminal case involving Soldiers’ Home in Holyoke (SHH) is the first in the country against nursing home operators related to the pandemic.

Mishandling of the Coronavirus Outbreak.

The superintendent and the facility’s former medical director were indicted by a grand jury and charged with recklessly permitting bodily injury or abuse to the residents. The charges stem from their decision to combine two dementia units in March of 2020. They are accused of packing residents who were positive for the coronavirus into the same space as […]

Thinking About Contacting the PRN or IPN Programs? Read This First!

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

Physicians, dentists, nurses, and other health professionals, accused of wrongdoing, may be referred to or receive recommendations from colleagues to refer themselves to the Professionals Resource Network (PRN) or the Intervention Project for Nurses (IPN).  This is often done by someone who has little to no knowledge about these programs or what they require.  An individual who does this may find himself or herself in a situation that they rapidly come to regret.

Both programs have done some wonderful things. They have saved the lives and careers of many health professionals who have issues with drugs and alcohol, or who suffer from mental illnesses.  However, often a person may be accused of being an addict, alcoholic, serious substance abuser or having an uncontrolled mental illness when […]

Impaired Practitioner Programs: What Happens if You’ve Been Accused of Impairment or Misconduct?

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

In an industry that revolves around helping others, physicians and other health professionals sometimes find that they are the ones being pushed toward a treatment program. Long hours, heavy workloads and stress among health care professionals can sometimes lead to unsafe, unprofessional behavior and impairment allegations.

We routinely work with physicians, nurses and other health professionals who are accused by employers, hospitals, competitors, or terminated employees of impairment due to drug or alcohol abuse, or mental impairment, of being a “disruptive physician” or of sexual boundary issues. However, not all physicians and health professionals who are referred to a health program are in actual need of rehabilitation services.

What is the Impaired Practitioners Program?

The Florida Department of Health’s (DOH) Impaired Practitioners Program (IPN), Section 456.067, Florida […]

One in Four Florida Healthcare Providers Skipped Required Opioid Prescribing Class

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

On February 5, 2019, state officials announced that about one in four Florida health care providers failed to take a required two-hour continuing education (CE) course on prescribing controlled substances.  The deadline for the mandated course was January 31, 2019. The Florida Department of Health (DOH) is now preparing to send non-compliance letters advising the providers that they have 15 days to take the mandated course or face disciplinary action, said DOH agency spokesman Brad Dalton.

“If the department does not receive a response within 15 days from receipt of the notice, a formal complaint will be initiated,” he said.


New Standards for Prescribing Controlled Substances.

A law in 2018 required all […]

Florida Gov. Pulls Large Number of Appointments Made by Predecessor, One from Board of Acupuncture

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

On February 22, 2019, Florida’s new Governor, Rick DeSantis retracted 169 appointments that the former governor made before leaving office. One of these was to the Florida Board of Acupuncture. This is not the first time he has called back last-minute decisions made by his predecessor. In January 2019, he retracted 46 of Scott’s “lame duck appointments.”

The new governor has now pulled a total of 215 of Scott’s prior appointments to various boards and committees.

Here’s a List of the Appointments Made by Scott That Governor DeSantis Pulled for the Professional Boards Under the Department of Health (DOH):

Steve Moreau, Board of Acupuncture

Angela Sissine, Board of Dentistry

Steven Falcone, Board of Medicine

Andre Perez, Board of Medicine

Merle Preston Stringer, Board […]

DeSantis Rescinds Large Number of Appointments Made by Former Governor, One from Board of Dentistry

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

On February 22, 2019, Florida’s new Governor, Rick DeSantis retracted 169 appointments that the former governor made before leaving office. One of these was to the Florida Board of Dentistry. This is not the first time he has called back last-minute decisions made by his predecessor. In January 2019, he retracted 46 of Scott’s “lame duck appointments.”

The new governor has now pulled a total of 215 of Scott’s prior appointments to various boards and committees.

Here’s a List of the Appointments Made by Scott That Governor DeSantis Pulled for the Professional Boards Under the Department of Health (DOH):

Angela Sissine, Board of Dentistry

Steve Moreau, Board of Acupuncture

Steven Falcone, Board of Medicine

Andre Perez, Board of Medicine

Merle Preston […]

DeSantis Yanks Large Number of Appointments Made by Former Governor, Several on Board of Nursing

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

On February 22, 2019, Florida’s new Governor, Rick DeSantis retracted 169 appointments that the former governor made before leaving office. Several of these were appointments that had been made to the Florida Board of Nursing. This is not the first time he has called back last-minute decisions made by his predecessor. In January 2019, he retracted 46 of Scott’s “lame duck appointments.”

The new governor has now pulled a total of 215 of Scott’s prior appointments to various boards and committees.

Here’s a List of the Appointments Made by Scott That Governor DeSantis Pulled for the Professional Boards Under the Department of Health (DOH):

Heather Baumwald, Board of Nursing

Jennifer Raymond, Board of Nursing

Mary Julie Talmadge, Board of Nursing

Steve Moreau, […]

Go to Top