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Law School Agrees to Drop Accreditation Suit

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

On January 16, 2019, the Summit School of Law in Arizona (Arizona Summit) settled a lawsuit against the American Bar Association (ABA) over the decision to pull the law school’s accreditation. The for-profit law school, which is in the process of closing down, agreed to dismiss the suit with prejudice.

This matter may be of interest to those involved in medical education, because of the accreditation problems faced by some medical schools and recent actions taken to revoke the accreditation of or not accept the graduate from some foreign medical schools. There are lessons to be learned from this case.

“The ABA and the council welcome the end of this dispute. We look forward to continuing to serve the best interests of law students, the public, and the profession through the ABA law school accreditation process, which has consistently been upheld by courts and has been approved by the U.S. Department of Education,” Barry Currier, managing director of the ABA section that accredits and regulates law schools, said in a statement the ABA issued.

ABA Enforcement Actions.

Arizona Summit is one of three schools that filed suit against ABA’s enforcement actions, arguing that due process rights were violated before the decision to be put on probation. All three law schools, owned by InfiLaw Corp., sued the ABA in May 2018, regarding accreditation issues. Click here to view Arizona Summit’s compliant against the ABA in full.

Requirements For Law School Accreditation.

In June 2018, ABA decided to pull accreditation for Arizona Summit, saying it had fallen short of standards on student admissions and bar passage rates. ABA requires schools to see at least 75% of students pass the bar within five years. Additionally, passage rates for first-time bar takers are required to be within 15% of the school’s average in three of five years. You can learn more about ABA’s Standards and Rules of Procedure for Approval of Law Schools here.

According to Arizona Summit’s Report for 2018, the school awarded 118 degrees that year. A total of 25 graduates took the state bar exam for the first time in July 2018, and their pass rate was 52%. A total of 98 graduates of the law school sat for that exam and the overall pass rate was 20.4%.

Therefore, the ABA pulled its accreditation stating that it had fallen short of standards on student admissions and bar passage rates. The school is scheduled to shut down for good in spring 2020.

Don’t Let Accreditation Issues Slow You Down!

We have often been contacted by medical students, resident physicians, fellows, and foreign medical graduates, when experiencing problems with their medical school or graduate medical education (GME) programs. Don’t wait until it is too late to think of consulting with an experienced healthcare attorney regarding possible solutions. Even when it may appear to be too late, it may not actually be too late to recover. Click here to read one of my prior blogs for more information on accreditation matters in graduate medical education (GME) programs.

Contact Experienced Health Law Attorneys Today.

The attorneys of The Health Law Firm provide legal representation to medical students, resident physicians, and fellows in academic disputes, disciplinary cases, and disputes with their programs, schools, or institutions. These include graduate medical education (GME) hearings, contract negotiations, conduct committee hearings, charges of irregular behavior, issues with the National Board of Medical Examiners (NBME), the United States Medical Licensing Examinations (USMLE) and the Education Commission for Foreign Medical Graduates (ECFMG), license applications, board certification applications and hearings, credential hearings, and civil and administrative litigation.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

Cueto, Emma. “For-Profit Ariz. Law School Drops ABA Suit Over Accreditation.” Law360. (January, 16, 2019). Web.

Ward, Stephanie. “Arizona Summit Law School agrees to drop its lawsuit against ABA.” ABA Journal. (Journal 16, 2019). 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., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: legal representation for fair hearings, fair hearings representation, fair hearing defense lawyer, legal representation for administrative hearing, administrative hearing representation, administrative hearing defense attorney, legal representation for due process cases, legal representation for clinical privileges, clinical privileges representation, clinical privileges defense lawyer, legal representation for health care investigations, legal representation for peer review hearings, peer review representation, graduate medical education (GME) hearing legal counsel, medical contract negotiations, conduct committee hearing attorney, defense of charges of irregular behavior, National Board of Medical Examiners (NBME) defense attorney, United States Medical Licensing Examination (USMLE) defense legal counsel, Education Commission for Foreign Medical Graduates (ECFMG) defense lawyer, medial license application lawyer, board certification application attorney and hearings peer review defense lawyer, legal representation for DOH investigations, legal representation for licensure defense, licensure defense attorney, legal representation for health care professionals, health law defense attorney, The Health Law Firm reviews, reviews of The Health Law Firm attorneys

“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 © 2019 The Health Law Firm. All rights reserved.

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

8 Indest-2008-5By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

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

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

1. Write a prescription for any medication for yourself.

2. Start a romantic relationship with a patient.

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

4. Write a prescription for or treat a patient, especially a family member, for a condition outside the scope of her specialty (e.g., a dentist prescribing antibiotics to her children to treat a cold;  a pediatrician prescribing pain medications for an adult;  a dentist writing a prescription for pain medications for a patient’s back pain;  an OB/GYN prescribing antidepressants for a male; podiatrist writing prescriptions for narcotics to treat back pain).
5. Write any prescription for or treat any patient who is in another state when the physician or health professional is not licensed in that state.

6. Treat or prescribe for any spouse, other family member, friend or colleague, without opening a medical record and fully documenting the treatment or prescription, as you would for any other patient.

7. Hire a patient to work for you in your office or, especially, allow a patient to “volunteer” to work in your office.

8. Pre-sign blank prescriptions for your physician assistant, ARNP, medical assistant, nurse, receptionist, or anyone else, to complete later, or have pre-signed blank prescriptions in your office.

9. Seek psychotherapy or drug/alcohol abuse treatment with a physician or health professional in your own medical group, institution or the staff of your own hospital.

10. Add to, alter or change any medical/dental record entry after you know there may be a claim, investigation or litigation involving it.

11. For a mental health professional (psychiatrist, psychologist, mental health counselor,  social worker, psychiatric nurse practitioner) to have any type of social relationship with a current patient.

12. Take and use your own drug samples provided by pharmaceutical companies.

13. Go into a hospital where you do not have clinical privileges and treat or “assist” in treating a patient there, even if it is your own patient.

14. Have a sexual relationship ( including “sexting” or “telephone sex”) with a patient or patient’s immediate family member.

These are actual examples from cases in which I have had to represent licensed health professionals in defending their licenses and attempting to keep their jobs.  For each of the above, there have been more than one.

Avoid doing these things and you will be avoiding some of the major actions including charges and an investigation by your state licensing board, the Drug Enforcement Administration (DEA), your national certification board, any facility at which you have privileges and other law enforcement agencies.

For more information on things that could be harmful to your professional license, click here to read one of my prior blogs.

To learn more about how The Health Law Firm can assist you, click here to visit our website’s areas of practice page.

Click here to view a powerpoint presentation from a previous lecture on how to protect your license.

Contact Health Law Attorneys Experienced with Investigations of Health Professionals and Providers.

The attorneys of The Health Law Firm provide legal representation to physicians, nurses, nurse practitioners, CRNAs, dentists, pharmacists, psychologists and other health providers in Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, FBI investigations, Medicare investigations, Medicaid investigations and other types of investigations of health professionals and providers.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 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., Altamonte Springs, FL 32714, Phone:  (407) 331-6620.

KeyWords: Items health care professionals should avoid doing, legal representation for investigation by state licensing board, legal representation for Drug Enforcement Administration (DEA) investigations, DEA investigation defense attorney, legal representation for Board investigations, legal representation for Board complaints, legal representation for licensure revocation, license defense attorney, licensure defense for health care professionals, legal representation for health professionals, legal representation for DOH investigations, DOH defense attorney, legal representation for DOH complaints, legal representation for disciplinary actions,  legal representation for health professionals, legal representation for doctors, Legal counsel for licensure issues, licensure defense attorney, legal representation for suspended or revoked license, legal representation for adverse disciplinary actions, administrative defense attorney, legal representation for investigations and complaints, legal representation for administrative hearings, complaint investigation defense attorney for health care professionals, appeals (and variations on appeal ) of adverse license action, The Health Law Firm reviews, reviews of The Health Law Firm Attorneys, The Health Law Firm

“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 © 2018 The Health Law Firm. All rights reserved.

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

8 Indest-2008-5By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

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

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

1. Write a prescription for any medication for yourself.

2. Start a romantic relationship with a patient.

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

4. Write a prescription for or treat a patient, especially a family member, for a condition outside the scope of her specialty (e.g., a dentist prescribing antibiotics to her children to treat a cold;  a pediatrician prescribing pain medications for an adult;  a dentist writing a prescription for pain medications for a patient’s back pain;  an OB/GYN prescribing antidepressants for a male; podiatrist writing prescriptions for narcotics to treat back pain).
5. Write any prescription for or treat any patient who is in another state when the physician or health professional is not licensed in that state.

6. Treat or prescribe for any spouse, other family member, friend or colleague, without opening a medical record and fully documenting the treatment or prescription, as you would for any other patient.

7. Hire a patient to work for you in your office or, especially, allow a patient to “volunteer” to work in your office.

8. Pre-sign blank prescriptions for your physician assistant, ARNP, medical assistant, nurse, receptionist, or anyone else, to complete later, or have pre-signed blank prescriptions in your office.

9. Seek psychotherapy or drug/alcohol abuse treatment with a physician or health professional in your own medical group, institution or the staff of your own hospital.

10. Add to, alter or change any medical/dental record entry after you know there may be a claim, investigation or litigation involving it.

11. For a mental health professional (psychiatrist, psychologist, mental health counselor,  social worker, psychiatric nurse practitioner) to have any type of social relationship with a current patient.

12. Take and use your own drug samples provided by pharmaceutical companies.

13. Go into a hospital where you do not have clinical privileges and treat or “assist” in treating a patient there, even if it is your own patient.

14. Have a sexual relationship ( including “sexting” or “telephone sex”) with a patient or patient’s immediate family member.

These are actual examples from cases in which I have had to represent licensed health professionals in defending their licenses and attempting to keep their jobs.  For each of the above, there have been more than one.

Avoid doing these things and you will be avoiding some of the major actions including charges and an investigation by your state licensing board, the Drug Enforcement Administration (DEA), your national certification board, any facility at which you have privileges and other law enforcement agencies.

For more information on things that could be harmful to your professional license, click here to read one of my prior blogs.

To learn more about how The Health Law Firm can assist you, click here to visit our website’s areas of practice page.

Click here to view a powerpoint presentation from a previous lecture on how to protect your license.

Contact Health Law Attorneys Experienced with Investigations of Health Professionals and Providers.

The attorneys of The Health Law Firm provide legal representation to physicians, nurses, nurse practitioners, CRNAs, dentists, pharmacists, psychologists and other health providers in Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, FBI investigations, Medicare investigations, Medicaid investigations and other types of investigations of health professionals and providers.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 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., Altamonte Springs, FL 32714, Phone:  (407) 331-6620.

KeyWords: Items health care professionals should avoid doing, legal representation for investigation by state licensing board, legal representation for Drug Enforcement Administration (DEA) investigations, DEA investigation defense attorney, legal representation for Board investigations, legal representation for Board complaints, legal representation for licensure revocation, license defense attorney, licensure defense for health care professionals, legal representation for health professionals, legal representation for DOH investigations, DOH defense attorney, legal representation for DOH complaints, legal representation for disciplinary actions,  legal representation for health professionals, legal representation for doctors, Legal counsel for licensure issues, licensure defense attorney, legal representation for suspended or revoked license, legal representation for adverse disciplinary actions, administrative defense attorney, legal representation for investigations and complaints, legal representation for administrative hearings, complaint investigation defense attorney for health care professionals, appeals (and variations on appeal ) of adverse license action, The Health Law Firm reviews, reviews of The Health Law Firm Attorneys, The Health Law Firm

“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 © 2018 The Health Law Firm. All rights reserved.

Former Pharmaceutical Sales Rep to Serve 70 Months in Prison for Part in $13M Oxycodone Scheme

6 Indest-2008-3By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On March 24, 2017, a federal judge in the U.S. Southern District of Florida in Miami sentenced a former pharmaceutical salesman to nearly six years in prison for his part in a $13 million money laundering scheme. The scheme involved more than two million oxycodone pills, which the salesperson allegedly helped supply to pain clinics by falsely telling pharmaceutical wholesalers that the clinics weren’t “pill mills.”

U.S. District Judge Beth Bloom, sentenced Jonathan Sendor to 70 months in prison after he pled guilty in January 2017 to one count of conspiracy to commit money laundering. Sendor was essentially working as a broker between wholesale pharmaceutical suppliers and pain clinics attempting to procure a supply of oxycodone for patients of pill mills.
The Scheme.

According to prosecutors, Sendor and two co-conspirators operated six pain clinics in Florida between March 2010 and June 2011. The co-conspirators operated the clinics to ensure that the maximum amount of oxycodone would be prescribed without a legitimate medical need, and purely for the sake of profit. The six clinics dispensed and distributed more than two million oxycodone pills before they were caught and shut down in 2011. The clinics made roughly $13.5 million from the unlawful prescriptions, according to the U.S. Department of Justice.

Sendor helped the pain clinics receive a steady supply of the drug through the wholesalers, prosecutors alleged. For his part in the scheme, Sendor allegedly created multiple companies, building on the connections he had formed as a pharmaceutical salesman. He then proceeded to act as a “quasi-broker” between the doctors of the pain clinics needing the oxycodone and the wholesalers distributing the drug.

Sendor was able to mislead wholesale pharmaceutical companies and told them that he would function as an inspector. It is alleged that he conducted fake inspection visits to the pain clinics and required the clinics’ doctors to complete a survey. When the surveys were completed, he misrepresented the results and advised the doctors, pain clinic managers, owners and other co-conspirators to lie on the survey form.

In 2010, Florida Attorney General Pam Bondi helped pass legislation banning doctors from dispensing narcotic medications out of their office. After the law changed, Sendor then assisted in the opening of two pharmacies – one in Boca Raton and another in Orlando, Florida. Patients of the six pain clinics were then directed to these pharmacies for oxycodone.

To read the DOJ’s press release in full, click here.

To learn more about the pill mill problem in Florida, click here to read one of my prior blogs.

Contact a Health Law Attorney Experienced in DEA Cases.

At the Health Law Firm, we provide legal services for all health care providers and professionals. This includes physicians, nurses, dentists, pharmacists, psychologists, psychiatrists, mental health counselors, durable medical equipment suppliers (DME), medical students and interns, hospitals, ambulatory surgical centers, pain management clinics, nursing homes, and any other health care provider. We defend pain management physicians, clinics and pharmacists in state license investigations, in administrative hearings, and in DEA actions. The services we provide include reviewing and negotiating contracts, preparing contracts, helping employers and employees enforce contracts, advice on setting aside or voiding contracts, litigation of contracts (in start or federal court), business transactions, professional license defense, opinion letters, representation in investigations, fair hearing defense, representation in peer review and clinical privileges hearings, litigation of restrictive covenant (covenants not to compete), Medicare and Medicaid audits, commercial litigation, and administrative hearings.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

Lincoff, Nina. “South Florida pain clinics tied up in $13M money laundering conspiracy.” South Florida Business Journal. (January 17, 2017). Web.

Posses, Shayna. “Sales Rep To Serve 70 Months For $13M Oxycodone Scheme.” Law360. (March 24, 2017). 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., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: Legal representation for prescription drug abuse, Drug Enforcement Administration (DEA) cases, legal representation for DEA investigations, Prescription Drug Monitoring Program, legal representation for schemes to over-prescribe narcotics, legal representation for schemes to traffic narcotics, pill mill defense attorney, legal representation for doctor shopping, legal representation for pill mills, legal representation for pharmacists, legal representation for pharmacies pharmacy defense attorney, pharmacist defense attorney, administrative hearing attorney, DEA defense attorney, Department of Health investigations, legal representation for DOH investigations, DOH investigation defense attorney, prescription drug crackdown, Florida prescription drug abuse, prescription drug trafficking, The Health Law Firm reviews, reviews of The Health Law Firm attorneys

“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 © 2017 The Health Law Firm. All rights reserved.

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

8 Indest-2008-5By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

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

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

1. Write a prescription for any medication for yourself.

2. Start a romantic relationship with a patient.

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

4. Write a prescription for or treat a patient, especially a family member, for a condition outside the scope of her specialty (e.g., a dentist prescribing antibiotics to her children to treat a cold;  a pediatrician prescribing pain medications for an adult;  a dentist writing a prescription for pain medications for a patient’s back pain;  an OB/GYN prescribing antidepressants for a male; podiatrist writing prescriptions for narcotics to treat back pain).
5. Write any prescription for or treat any patient who is in another state when the physician or health professional is not licensed in that state.

6. Treat or prescribe for any spouse, other family member, friend or colleague, without opening a medical record and fully documenting the treatment or prescription, as you would for any other patient.

7. Hire a patient to work for you in your office or, especially, allow a patient to “volunteer” to work in your office.

8. Pre-sign blank prescriptions for your physician assistant, ARNP, medical assistant, nurse, receptionist, or anyone else, to complete later, or have pre-signed blank prescriptions in your office.

9. Seek psychotherapy or drug/alcohol abuse treatment with a physician or health professional in your own medical group, institution or the staff of your own hospital.

10. Add to, alter or change any medical/dental record entry after you know there may be a claim, investigation or litigation involving it.

11. For a mental health professional (psychiatrist, psychologist, mental health counselor,  social worker, psychiatric nurse practitioner) to have any type of social relationship with a current patient.

12. Take and use your own drug samples provided by pharmaceutical companies.

13. Go into a hospital where you do not have clinical privileges and treat or “assist” in treating a patient there, even if it is your own patient.

14. Have a sexual relationship ( including “sexting” or “telephone sex”) with a patient or patient’s immediate family member.

These are actual examples from cases in which I have had to represent licensed health professionals in defending their licenses and attempting to keep their jobs.  For each of the above, there have been more than one.

Avoid doing these things and you will be avoiding some of the major actions including charges and an investigation by your state licensing board, the Drug Enforcement Administration (DEA), your national certification board, any facility at which you have privileges and other law enforcement agencies.

For more information on things that could be harmful to your professional license, click here to read one of my prior blogs.

To learn more about how The Health Law Firm can assist you, click here to visit our website’s areas of practice page.

Click here to view a powerpoint presentation from a previous lecture on how to protect your license.

Contact Health Law Attorneys Experienced with Investigations of Health Professionals and Providers.

The attorneys of The Health Law Firm provide legal representation to physicians, nurses, nurse practitioners, CRNAs, dentists, pharmacists, psychologists and other health providers in Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, FBI investigations, Medicare investigations, Medicaid investigations and other types of investigations of health professionals and providers.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 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., Altamonte Springs, FL 32714, Phone:  (407) 331-6620.

KeyWords: Items health care professionals should avoid doing, legal representation for investigation by state licensing board, legal representation for Drug Enforcement Administration (DEA) investigations, DEA investigation defense attorney, legal representation for Board investigations, legal representation for Board complaints, legal representation for licensure revocation, license defense attorney, licensure defense for health care professionals, legal representation for health professionals, legal representation for DOH investigations, DOH defense attorney, legal representation for DOH complaints, legal representation for disciplinary actions,  legal representation for health professionals, legal representation for doctors, Legal counsel for licensure issues, licensure defense attorney, legal representation for suspended or revoked license, legal representation for adverse disciplinary actions, administrative defense attorney, legal representation for investigations and complaints, legal representation for administrative hearings, complaint investigation defense attorney for health care professionals, appeals (and variations on appeal ) of adverse license action, The Health Law Firm reviews, reviews of The Health Law Firm Attorneys, The Health Law Firm

“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 © 2018 The Health Law Firm. All rights reserved.

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

8 Indest-2008-5By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

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

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

1. Write a prescription for any medication for yourself.

2. Start a romantic relationship with a patient.

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

4. Write a prescription for or treat a patient, especially a family member, for a condition outside the scope of her specialty (e.g., a dentist prescribing antibiotics to her children to treat a cold;  a pediatrician prescribing pain medications for an adult;  a dentist writing a prescription for pain medications for a patient’s back pain;  an OB/GYN prescribing antidepressants for a male; podiatrist writing prescriptions for narcotics to treat back pain).
5. Write any prescription for or treat any patient who is in another state when the physician or health professional is not licensed in that state.

6. Treat or prescribe for any spouse, other family member, friend or colleague, without opening a medical record and fully documenting the treatment or prescription, as you would for any other patient.

7. Hire a patient to work for you in your office or, especially, allow a patient to “volunteer” to work in your office.

8. Pre-sign blank prescriptions for your physician assistant, ARNP, medical assistant, nurse, receptionist, or anyone else, to complete later, or have pre-signed blank prescriptions in your office.

9. Seek psychotherapy or drug/alcohol abuse treatment with a physician or health professional in your own medical group, institution or the staff of your own hospital.

10. Add to, alter or change any medical/dental record entry after you know there may be a claim, investigation or litigation involving it.

11. For a mental health professional (psychiatrist, psychologist, mental health counselor,  social worker, psychiatric nurse practitioner) to have any type of social relationship with a current patient.

12. Take and use your own drug samples provided by pharmaceutical companies.

13. Go into a hospital where you do not have clinical privileges and treat or “assist” in treating a patient there, even if it is your own patient.

14. Have a sexual relationship ( including “sexting” or “telephone sex”) with a patient or patient’s immediate family member.

These are actual examples from cases in which I have had to represent licensed health professionals in defending their licenses and attempting to keep their jobs.  For each of the above, there have been more than one.

Avoid doing these things and you will be avoiding some of the major actions including charges and an investigation by your state licensing board, the Drug Enforcement Administration (DEA), your national certification board, any facility at which you have privileges and other law enforcement agencies.

For more information on things that could be harmful to your professional license, click here to read one of my prior blogs.

To learn more about how The Health Law Firm can assist you, click here to visit our website’s areas of practice page.

Click here to view a powerpoint presentation from a previous lecture on how to protect your license.

Contact Health Law Attorneys Experienced with Investigations of Health Professionals and Providers.

The attorneys of The Health Law Firm provide legal representation to physicians, nurses, nurse practitioners, CRNAs, dentists, pharmacists, psychologists and other health providers in Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, FBI investigations, Medicare investigations, Medicaid investigations and other types of investigations of health professionals and providers.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 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., Altamonte Springs, FL 32714, Phone:  (407) 331-6620.

KeyWords: Items health care professionals should avoid doing, legal representation for investigation by state licensing board, legal representation for Drug Enforcement Administration (DEA) investigations, DEA investigation defense attorney, legal representation for Board investigations, legal representation for Board complaints, legal representation for licensure revocation, license defense attorney, licensure defense for health care professionals, legal representation for health professionals, legal representation for DOH investigations, DOH defense attorney, legal representation for DOH complaints, legal representation for disciplinary actions,  legal representation for health professionals, legal representation for doctors, Legal counsel for licensure issues, licensure defense attorney, legal representation for suspended or revoked license, legal representation for adverse disciplinary actions, administrative defense attorney, legal representation for investigations and complaints, legal representation for administrative hearings, complaint investigation defense attorney for health care professionals, appeals (and variations on appeal ) of adverse license action, The Health Law Firm reviews, reviews of The Health Law Firm Attorneys, The Health Law Firm

“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 © 2018 The Health Law Firm. All rights reserved.

Licensed Health Professionals Should Have No Trouble Locating an Attorney/Legal Counsel Who Takes CPH & Associates (CPH&A) Insurance To Represent Them in Licensing Actions and Hearings

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

We often hear from licensed health professionals who call and retain us to represent them in complaints against their professional licenses in investigations and formal licensure complaints. Often these professionals retain us after adverse disciplinary action has already been taken. In many cases they had good insurance coverage with CPH & Associates (CPH&A) Insurance, or another professional liability insurance company but could not find an attorney that would accept it.

They retain us to appeal or attempt to reverse an adverse disciplinary action taken against their license, including suspensions and revocations. Matters which may arise include letters from the Department of Health (DOH) advising them that they are being investigated, administrative complaints, a pending administrative hearing emergency restriction orders (EROs), and emergency suspension orders (ESOs).

Finding legal counsel that accepts your insurance should not be a difficult task. Our firm and its attorneys have accepted CPH&A Insurance, and many others, for years.

Our firm has attorneys that are licensed in and can defend licensed health professionals in Florida, Colorado, Louisiana, Virginia and the District of Columbia. Additionally, there are many states, such as Tennessee, Georgia, Oregon, Pennsylvania, New York, Delaware, and others, which allow us to appear before their professional licensing boards and authorities and represent clients in these state under their “multi-jurisdictional practice” rules, because this is an area in which we routinely practice.

Legal areas in which we can represent an CPH&A insured that CPH&A will pay for include: investigations commenced against a massage therapist’s license, administrative hearings, complaints against a professional license, emergency restriction orders, emergency suspension orders, administrative complaints, appeals from adverse disciplinary actions, a deposition for which you may be subpoenaed, and many others.

Regardless of the state, contact us at:

The Health Law Firm, Main Office
1101 Douglas Ave.
ALtamonte Springs, FL 32714
Phone: (407) 331-6620
Fax: (407) 331-3030
Website: www.TheHealthLawFirm.com
Internet Contact: www.TheHealthLawFirm.com/contact-us/

One last word, regardless of whether you are covered by CPH&A Insurance or not, if an investigator contacts you to obtain a statement from you, whether orally or in writing, always, always, always, consult with an experienced attorney in this area BEFORE giving any statement or talking to the investigator about anything.

Contact Experienced Health Law Attorneys.

The Health Law Firm routinely represents physicians, nurses and other health providers in investigations, regulatory matters, licensing issues, litigation, inspections and audits involving the DEA, Department of Health (DOH) and other law enforcement agencies. Its attorneys include those who are board certified by The Florida Bar in Health Law as well as licensed health professionals who are also attorneys. We represent medical students, interns, residents, and fellows in disputes with their graduate medical education (GME) programs. We represent clinical professors and instructors in contract disputes, employment disputes, clinical privileges matters and other disputes with their employers. We often act as the physician’s personal counsel in medical malpractice litigation.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com

About the Author: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law is an attorney with 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, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.

 

KeyWords: Legal representation for licensed health professionals, legal representation for doctors, health law defense attorney, Florida health law defense attorney, legal representation for formal licensure complaints, licensure defense attorney, legal representation for adverse disciplinary action, Department of Health (DOH) investigations and complaints, legal representation for DOH investigations, DOH investigation defense attorney, DOH complaint defense attorney, legal representation for administrative hearings, complaint investigation defense attorney for health care professionals, appeals (and variations on appeal ) of adverse license action, Virginia health law defense lawyer, Louisiana health law defense legal counsel, legal representation for physicians, legal representation for mental health professionals. Colorado health professional defense lawyer, Virginia health law defense counsel, District of Columbia health law legal representation, The Health Law Firm reviews, reviews of The Health Law Firm
“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 © 2017 The Health Law Firm. All rights reserved.

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

5 Indest-2008-2By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

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

This is part one in a two part blog series.

These are the 30 major mistakes we see in the cases we are called upon to defend after a DOH investigation has been initiated against a dentist:

1. Failing to keep a current, valid address on file with the DOH (as required by law), which may seriously delay the receipt of the Uniform Complaint (notice of investigation), letters, and other important correspondence related to the investigation.

2. Contacting the DOH investigator and providing him/her an oral statement or oral interview.  Note:  There is no legal requirement to do this.  We recommend that you never do this.  Anything that you state may be used to help the state prove its case against you.  The DOH investigator is the equivalent of a police investigator attempting to make a case against you.  Don’t help them.

3. Making a written statement in response to the “invitation” extended by the DOH investigator to do so.  (Note:  There is no legal requirement to do this.  See above.)

4. Failing to carefully review the complaint to make sure it has been sent to the correct dentist.  (Note:  Check the name and license number, especially if you have a common name.)

5. Failing to ascertain whether or not the investigation is on the “Fast Track” which may then result in an emergency suspension order (ESO) suspending the physician’s license until all proceedings are concluded.  (Note:  This will usually be the case if there are allegations regarding drug abuse, alcohol abuse, sexual contact with a patient, mental health issues, failure to comply with PRN instructions, or default on a student loan.)

6. Providing a copy of the physician’s curriculum vitae (CV) or resume to the investigator because the investigator requested them to do so.  Note:  There is no legal requirement to do this.  We have actually had information from the dentist’s CV used against him in the case presented against the dentists.

7. Believing that if they “just explain it,” the investigation will be closed and the case dropped.  This never happens.  Every case is presented the Probable Cause Panel of the Board of Dentistry.

8. Failing to submit a timely objection to a DOH subpoena when there are valid grounds to do so.  If there are valid grounds for objecting to a subpoena issued by a DOH Investigator (or by an Order from the Surgeon General to do so) then it can and should be made.  The Department of Health does not have any authority to enforce subpoenas.

9. Forwarding only a portion of or failing to forward a complete copy of the patient’s dental record when subpoenaed by the DOH investigator as part of the investigation, when no objection is going to be filed.  We have seen this, especially with electronic dental records such as those maintained using the Dentrix system.   If you do provide a copy of the patient’s dental record (whether to the DOH investigator or to your attorney) you must be ceratin you produce each and every part of it.  This includes, daily journal entries, progress notes, periodontal charts, bills, treatment plans, x-rays, photographs, history & physical, informed consent forms, notes and telephone messages, correspondence, insurance company bills and EOBs.

10. Delegating the task of providing a complete copy of the patient medical record to your office staff, resulting in an incomplete or partial copy being provided.

11. Signing a “certificate” or “affidavit” that the copy of the record you have provided to the DOH investigator is complete.  There is no legal requirement of which we are aware that requires this.  Furthermore, we have seen this used against the dentists in a number of cases when he later discovers additional records (from another office or another source) that he had but did not include in the initial production.

12. Not being knowing or being able to tell that the investigation against them is a “fast track” or “Priority 1” investigation which is likely to be submitted to the Surgeon General for an Emergency Suspension s Order (ESO).

13. Failing to keep an exact copy of any dental records, documents, letters or statements provided to the investigator.

14. Believing that the investigator has knowledge or experience in dental procedures, medical procedures or the health care matters or the specific care or procedures investigated.

15. Believing that the investigator is merely attempting to ascertain the truth of the matter and this will result in the matter being dismissed.
Not every case will require submission of materials to the Probable Cause Panel after the investigation is received and reviewed.  There will be a few where the allegations made are not “legally sufficient” and do not constitute an offense for which the physicians may be disciplined.  However, only an attorney who has handled a large number of dentistry cases will be able to tell which cases these are.

In other cases, an experienced health care attorney may be successful in obtaining a commitment from the DOH (prosecuting) attorney to recommend a dismissal to the Probable Cause Panel.  In still other cases (usually the most serious ones), for tactical reasons, the experienced health care attorney may recommend that you waive your right to have the case submitted to the Probable Cause Panel and that you proceed directly to an administrative hearing.  The key to a successful outcome in all of these cases is to obtain the assistance of a health care lawyer who is experienced in appearing before the Board of Dentistry in such cases and does so on a regular basis.


Contact Health Law Attorneys Experienced with Department of Health Investigations of Dentists.

The attorneys of The Health Law Firm provide legal representation to dentists in Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, FBI investigations and other types of investigations of health professionals and providers.  To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 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., Altamonte Springs, FL 32714, Phone:  (407) 331-6620.

KeyWords: Legal representation for dentists, dentist attorney, dentist defense attorney, legal representation for DOH investigations, legal representation for DOH investigations against dentists, DOH defense attorney, DOH investigation attorney, legal representation for DOH complaints, legal representation for complaints against dental license, legal representation for health care professionals, health law defense attorney, legal representation for revocation of license, legal representation for Probable Cause Panel issues, legal representation for Probable Cause Panel investigations, legal counsel for Probable Cause Panel investigations, The Health Law Firm, reviews of The Health Law Firm, The Health Law Firm attorney reviews
“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 © 2017 The Health Law Firm. All rights reserved.

 

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

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

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

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

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

16. Failing to check to see if their dental malpractice insurance carrier will pay the legal fees to defend them in this investigation.  In the absence of coverage by their insurance carrier, failing to retain the services of a health care attorney experienced in dental board cases to represent them from the beginning of the investigation.

17. Talking to DOH investigators, staff or attorneys, in the mistaken belief that they are capable of doing so without providing information that can and will be used against them.  Note:  Every telephone conversation with DOH personnel is entered into their computer data base and often internal e-mails Are exchanged sharing this information afterwards.

18. Believing that because they haven’t heard anything for six months or more the matter has “gone away.”  The matter does not ever just go away.

19. Failing to submit a written request to the investigator at the beginning of the investigation for a copy of the complete investigation report and file and then following up with additional requests until it is received.

20. Failing to wisely use the time while the investigation is proceeding to interview witnesses, obtain written witness statements, conduct research, obtain experts, and perform other tasks that may assist defending the case once it has been completed.

21. Failing to exercise the right of submitting documents, statements, and expert opinions to rebut the findings made in the investigation report before the case is submitted to the Probable Cause Panel of your licensing board for a decision.

22. Taking legal advice from their colleagues regarding what they should do (or not do) in defending themselves in the investigation.

23. Retaining “consultants” or other non-lawyer personnel to represent them in the matter, instead of experienced legal counsel.

24. Believing that the case is indefensible so there is no reason to even try to have it dismissed by the Probable Cause Panel.

25. Attempting to defend themselves.

26. Believing that because they know someone on the Board of Dentistry, with the Department of Health, or a state legislator, that influence can be exerted to have the case dismissed.  This is definitely not the case.  If you do know someone on the Board of Dentistry, that person is required by law to recuse (disqualify) themself from any discussion or vote on your case.

27. Failing to immediately retain the services of a health care attorney who is experienced in such matters to represent them, to communicate with the DOH investigator for them, and to prepare and submit materials to the Probable Cause Panel.

28. Believing that if an emergency Suspension Order (ESO) is entered against them that it may be successfully appealed.  In realty, ESO’s are reviewed by the appellate courts when there is an appeal based on what is contained “within the four corners of the document.”  Nothing outside the document may be considered.  If the ESO appears to state a sufficient case for an emergency suspension (whether the facts it states are actually true or not), the court of appeal is required to uphold the emergency suspension.

29. Communicating with the Department of Health about the pending case.

30. Failing to obtain legal representation.

The key to a successful outcome in all of these cases is to obtain the assistance of a health care lawyer who is experienced in appearing before the Board of Dentistry in such cases and does so on a regular basis.

Contact Health Law Attorneys Experienced with Department of Health Investigations of Dentists. 

The attorneys of The Health Law Firm provide legal representation to dentists in Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, FBI investigations and other types of investigations of health professionals and providers.  To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 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., Altamonte Springs, FL 32714, Phone:  (407) 331-6620.

KeyWords: Legal representation for dentists, dentist attorney, dentist defense attorney, legal representation for DOH investigations, legal representation for DOH investigations against dentists, DOH defense attorney, DOH investigation attorney, legal representation for DOH complaints, legal representation for complaints against dental license, legal representation for health care professionals, health law defense attorney, legal representation for revocation of license, legal representation for Probable Cause Panel issues, legal representation for Probable Cause Panel investigations, legal counsel for Probable Cause Panel investigations, The Health Law Firm, reviews of The Health Law Firm, The Health Law Firm attorney reviews

“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 © 2017 The Health Law Firm. All rights reserved.

 

 

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

8 Indest-2008-5By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

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

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

1. Write a prescription for any medication for yourself.

2. Start a romantic relationship with a patient.

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

4. Write a prescription for or treat a patient, especially a family member, for a condition outside the scope of her specialty (e.g., a dentist prescribing antibiotics to her children to treat a cold;  a pediatrician prescribing pain medications for an adult;  a dentist writing a prescription for pain medications for a patient’s back pain;  an OB/GYN prescribing antidepressants for a male; podiatrist writing prescriptions for narcotics to treat back pain).
5. Write any prescription for or treat any patient who is in another state when the physician or health professional is not licensed in that state.

6. Treat or prescribe for any spouse, other family member, friend or colleague, without opening a medical record and fully documenting the treatment or prescription, as you would for any other patient.

7. Hire a patient to work for you in your office or, especially, allow a patient to “volunteer” to work in your office.

8. Pre-sign blank prescriptions for your physician assistant, ARNP, medical assistant, nurse, receptionist, or anyone else, to complete later, or have pre-signed blank prescriptions in your office.

9. Seek psychotherapy or drug/alcohol abuse treatment with a physician or health professional in your own medical group, institution or the staff of your own hospital.

10. Add to, alter or change any medical/dental record entry after you know there may be a claim, investigation or litigation involving it.

11. For a mental health professional (psychiatrist, psychologist, mental health counselor,  social worker, psychiatric nurse practitioner) to have any type of social relationship with a current patient.

12. Take and use your own drug samples provided by pharmaceutical companies.

13. Go into a hospital where you do not have clinical privileges and treat or “assist” in treating a patient there, even if it is your own patient.

14. Have a sexual relationship ( including “sexting” or “telephone sex”) with a patient or patient’s immediate family member.

These are actual examples from cases in which I have had to represent licensed health professionals in defending their licenses and attempting to keep their jobs.  For each of the above, there have been more than one.

Avoid doing these things and you will be avoiding some of the major actions including charges and an investigation by your state licensing board, the Drug Enforcement Administration (DEA), your national certification board, any facility at which you have privileges and other law enforcement agencies.

For more information on things that could be harmful to your professional license, click here to read one of my prior blogs.

To learn more about how The Health Law Firm can assist you, click here to visit our website’s areas of practice page.

Click here to view a powerpoint presentation from a previous lecture on how to protect your license.

Contact Health Law Attorneys Experienced with Investigations of Health Professionals and Providers.

The attorneys of The Health Law Firm provide legal representation to physicians, nurses, nurse practitioners, CRNAs, dentists, pharmacists, psychologists and other health providers in Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, FBI investigations, Medicare investigations, Medicaid investigations and other types of investigations of health professionals and providers.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 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., Altamonte Springs, FL 32714, Phone:  (407) 331-6620.

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“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 © 2018 The Health Law Firm. All rights reserved.