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Follow Our Tips for Taking Your USMLE Step Exams If You Want To Score Higher

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

Here are some common-sense tips you should be sure you follow that may help you to reduce stress and score higher when you take your United States Medical Licensing Examination (USMLE) Step examinations. You should be doing everything within your control to minimize your stress and the risk of being late for the examination. Again, these are common sense; if you have taken a lot of standardized examinations, you may already be aware of these.

1. Do not plan on driving to the test site from your home the morning of the examination, even if you leave in the same city as the testing center.

a. Unexpected car problems could occur.
b. Traffic backups and delays always occur.
c. Accidents always happen.
d. Road problems, construction delays, and detours are common.

Eliminate these unnecessary risks.

2. Find the hotel closest to the testing center and stay there the night before the test. Hopefully, this will be within walking distance of the test site if it is necessary to walk there.

3. Read all of the applicable testing procedures, the applicable USMLE and/or Educational Commission for Foreign Medical Graduates ( ECFMG) Handbook, Guidelines and Procedures again the day before the examination you are taking. You signed an agreement to be bound by these and you are expected to know these for the examination. Be sure you understand how scheduled and unscheduled breaks work, how the time is accounted and what you are allowed to do and prohibited from doing on breaks.

4. Make sure you know ahead of time exactly how much time you will be given for each part of the examination and for breaks, Be sure you have calculated how much time you have for each question on each section of the examination, answer within the times you have calculated and move on through the examination in a timely manner.

5. Do not let other occurrences and disturbances in the testing center upset you or distract you.

6. If some extremely disruptive event occurs, for example, fire alarms and evacuations taking place, other examination takers having seizures and being removed by paramedics, etc., consider leaving and taking an incomplete on this examination. Be sure to ask the test center monitors/proctors to file an incident report on what occurred at the test center, Then, within 24 hours, write to the USMLE and ECFMG and advise the organization of exactly what happened and why you had to leave.

7. Bring your own lunch, snacks, and beverages, including something like energy bars or chocolate bars, to provide needed sustenance. Do not leave the testing center for lunch unless you absolutely have to, and then, stay local and on foot. Do not take the risk of driving someplace and back.

8. If a certain testing center has a bad reputation for being a poor testing site or having frequent computer failures, schedule to take the test at a site in another city or state. Travel there and stay at a hotel within walking distance of the test site, perhaps a few days before the examination date. You can then use the additional time and isolation for additional studying and test preparation.

9. Do not refer to or use any cell phone, tablet or personal device while the test is still underway. Be sure you are familiar with all test-taking procedures.

10. To avoid any risks of misunderstandings, do not write down anything during the examination or about the examination at the testing center. Outside during lunch may be okay; otherwise, wait until you return home.

Although common sense, you would be surprised how many test-takers violate these common-sense tips and then suffer the consequences.

Plan for and have as stress-free of an examination as you can. Control the controllable.

For more helpful tips and to learn more about examples of “Irregular Behavior,” click here to read my prior blog.

Additionally, click here to view one of our blogs on our experience with the USMLE, ECFMG, and NBME, and Hearings on “Irregular Behavior.”

Contact a Health Care Attorney Experienced in the Representation of Medical Students, Interns, Residents and Applicants, Fellows and Those Involved in Graduate Medical Education, and those being challenged by the National Board fo Medical Examiners (NBME), the United States Medical Licensing Examination (USMLE) Secretariat , and the Educational Commission for Foreign Medical Graduates (ECFMG)

The Health Law Firm and its attorneys represent interns, residents, fellows and medical school students in disputes with their medical schools, supervisors, residency programs, and dismissal hearings. We have experience representing such individuals and those in graduate medical education programs in various disputes regarding their academic and clinical performance, allegations of substance abuse, failure to complete integral parts training, alleged false or incomplete statements on applications, allegations of impairment (because of abuse or addiction to drugs or alcohol or because of mental or physical issues), because of discrimination due to race, sex, national origin, sexual orientation and any other matters. We routinely help those who have disputes with the National Board fo Medical Examiners (NBME), the United States Medical Licensing Examination (USMLE) Secretariat , and the Educational Commission for Foreign Medical Graduates (ECFMG), including on hearings and appeals concerning “Irregular Behavior,” “unprofessionalism,” and “Irregular Conduct.”

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. Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 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: PAlexander@TheHealthLawFirm.com 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.

The Health Law Firm2023-02-22T12:23:24-05:00February 22nd, 2023|Categories: In the Know, In the News, Medical Education Law Blog|Tags: disruptive physician attorney, ECFMG defense attorney, Educational Commission for Foreign Medical Graduates (ECFMG) defense lawyer, Graduate medical education (GME) defense attorney, graduate medical education defense lawyer, health law attorney, impaired medical student legal counsel, impaired resident legal defense attorney, international medical graduate attorney, irregular behavior defense attorney, irregular behavior defense counsel, Irregular behavior defense lawyer, irregular conduct legal representation, lawyer for medical students, legal dispute with medical school, legal representation for irregular behavior, legal representation for medical residents, legal representation for NBME investigations, legal representation for USMLE investigations, medical resident physician attorney, medical school litigation, medical students legal counsel, National Board of Medical Examiners (NBME) defense counsel, Philadelphia attorney for ECFMG hearing, Philadelphia lawyer for NBME hearing, Philadelphia legal counsel for USMLE hearing, residency program legal dispute, residency program litigation, reviews of The Health Law Firm attorneys, The Health Law Firm reviews, United States Medical Licensing Examination (USMLE) defense lawyer, USMLE defense attorney|0 Comments

8 Major Chinese Med Schools Taken Off World Directory Relied on by ECFMG and USMLE

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

In April 2014, the new World Directory of Medical Schools (“World Directory”) was published. It took over as the definitive list of medical schools in the world (yes, the whole world). There are 180 Chinese medical schools listed on the World Directory of Medical Schools. Medical graduates from these schools are routinely eligible to take the United States Medical Licensing Examination (USMLE) Step exams, required for licensing in the United States, after applying and obtaining permission through the Educational Commission for Foreign Medical Graduates (ECFMG).

However, in 2019, eight (8) previously recognized Chinese medical schools were dropped from the World Directory or “delisted.” According to the Korean Medical Association (KMA)’s Research Institute for Medical Policy, the World Federation for Medical Education (WFME) (the organization that maintains and publishes the directory) deleted the eight Chinese medical schools from the World Directory. The eight (8) Chinese medical schools were delisted from the World Directory of Medical Schools (WDMS) a year after Oriental medical schools in Korea also failed to be listed on the directory any longer.

The eight “delisted” medical schools are Beijing University of Chinese Medicine, Guiyang College of Traditional Chinese Medicine, Heilongjiang University of Chinese Medicine, Liaoning University of Traditional Chinese Medicine, Shanghai University of Traditional Chinese Medicine, Shanxi College of Traditional Chinese Medicine, Tianjin University of Traditional Chinese Medicine, and Yunnan University of Traditional Chinese Medicine.

According to the Korean Medical Association’s reports and other publications, the WFME’s decisions clearly show that the world’s medical community does not recognize both Korea’s Oriental medicine and traditional Chinese [Oriental] medicine as modern, scientifically-based medicine.

What Does This Mean?

This means that if you graduated from one of the delisted eight (8) Chinese medical schools, you will no longer be allowed to apply for and receive services from the Educational Commission for Foreign Medical Graduates (ECFMG). In addition, it means you will not be able to apply for and take the Step exams administered by the United States Medical Licensing Examination (USMLE) Secretariat, and you will not be able to become licensed in the United States.

Hey, Don’t Shoot Me! I’m Just the Messenger!

Inquiries and other correspondence regarding the World Directory may be sent to info@wdoms.org or to:

World Federation for Medical Education
13A Chemin du Levant
01210 Ferney-Voltaire
France
www.wfme.org

What Might Possibly Be Done?

Some ideas that might (or might not) work include:

1. Graduates of the delisted schools might apply for recognized medical schools and seek to graduate from one of these. Whether or not you will be able to get any credit for your prior medical school is a different question.

2. Bring pressure on your delisted medical school to add courses and curricula to meet the same requirements as a “Western” medical school or “scientific medical school.”

3. Sorry, that’s about all I could think of. Petitioning for an exception or suing the ECFMG or USMLE is a “non-starter” by my way of thinking.

To read about a similar case involving a Caribbean medical school, click here.

Contact a Health Care Attorney Experienced in the Representation of Medical Students, Interns, Residents and Applicants, Fellows and Those Involved in Graduate Medical Education, and those being challenged by the National Board fo Medical Examiners (NBME), the United States Medical Licensing Examination (USMLE) Secretariat, and the Educational Commission for Foreign Medical Graduates (ECFMG)

The Health Law Firm and its attorneys represent interns, residents, fellows, and medical school students in disputes with their medical schools, supervisors, residency programs, and in dismissal hearings. We have experience representing such individuals and those in graduate medical education programs in various disputes regarding their academic and clinical performance, allegations of substance abuse, failure to complete integral parts training, alleged false or incomplete statements on applications, allegations of impairment (because of abuse or addiction to drugs or alcohol or because of mental or physical issues), because of discrimination due to race, sex, national origin, sexual orientation, and any other matters. We routinely help those who have disputes with the National Board fo Medical Examiners (NBME), the United States Medical Licensing Examination (USMLE) Secretariat, and the Educational Commission for Foreign Medical Graduates (ECFMG), including on hearings and appeals concerning “Irregular Behavior,” “unprofessionalism,” and “Irregular Conduct.”

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.

Sources:

Yuqiao, Ji. “TCM [tradional Chinese Medicine] grads struggle after removal from world medical list.” Global Times. (Nov. 18, 2019) web.

Gwang-seok, I. “8 Chinese medical schools delisted from world directory of medical schools.” Korea Biomedical Review. (November 7, 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 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.

The Health Law Firm2023-02-07T19:03:41-05:00February 9th, 2023|Categories: Health Facilities Law Blog|Tags: disruptive physician attorney, ECFMG defense attorney, Educational Commission for Foreign Medical Graduates (ECFMG) defense lawyer, Graduate medical education (GME) defense attorney, graduate medical education defense lawyer, health law attorney, impaired medical student legal counsel, impaired resident legal defense attorney, international medical graduate attorney, irregular behavior defense attorney, irregular behavior defense counsel, Irregular behavior defense lawyer, irregular conduct legal representation, lawyer for medical students, legal dispute with medical school, legal representation for irregular behavior, legal representation for medical residents, legal representation for NBME investigations, legal representation for USMLE investigations, medical resident physician attorney, medical school litigation, medical students legal counsel, National Board of Medical Examiners (NBME) defense counsel, Philadelphia attorney for ECFMG hearing, Philadelphia lawyer for NBME hearing, Philadelphia legal counsel for USMLE hearing, residency program legal dispute, residency program litigation, reviews of The Health Law Firm attorneys, The Health Law Firm reviews, United States Medical Licensing Examination (USMLE) defense lawyer, USMLE defense attorney|0 Comments

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: PAlexander@TheHealthLawFirm.com 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.

The Health Law Firm2023-02-02T11:57:13-05:00February 2nd, 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|0 Comments

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 MQA.Telehealth@flhealth.gov.

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.

The Health Law Firm2023-01-04T19:00:33-05:00January 6th, 2023|Categories: Mental Health Law Blog|Tags: doctor attorney, Florida health law attorney, Florida telemedicine defense lawyer, health care compliance defense lawyer, health care defense attorney, health law defense attorney, Marriage & Family Therapy and Mental Health Counseling defense lawyer, Marriage & Family Therapy and Mental Health Counseling investigations, Marriage & Family Therapy and Mental Health Counseling representation, Marriage & Family Therapy and Mental Health Counseling Therapy complaints, medical board attorney, medical license defense counsel, medical licensure attorney, mental health counselor and social worker defense attorney, nurse attorney, professional licensure defense attorney, protecting your professional license, representation for applying for a medical license, representation for Board of Clinical Social Work, representation for telehealth investigations, representation for telemedicine investigations, representation of health care professionals, reviews of The Health Law Firm attorneys, telehealth provider investigation defense lawyer attorney, telemedicine representation, the health law firm, The Health Law Firm reviews|0 Comments

DOH Releases Quarterly Report Covering Through March 2021

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

The Florida Department of Health’s Quarterly Performance Report (QPR) for the Third Quarter of Fiscal Year 2020-2021, was recently released. It provides information and statistics on actions involving licensed health professionals through March 2021.

Scope of the Florida DOH’s Control.

First, note that Florida’s Department of Health regulates 22 health care practitioner boards and four health professional councils. This makes it one of the largest such organizations in the country. Second, this also means that the practice of health care in Florida is one of the most heavily regulated anywhere in the U.S., with each professional board, as well as the Department of Health, having specific Florida statutes governing their professions, as well as the different boards each enacting different sets of administrative rules regulating those professions.

The Quarterly Performance Report contains financial and statistical information concerning licensed health professionals.

Key Emphasis on Unlicensed Practice of Health Care Professions.

The key emphasis of this report is the Department of Health’s ongoing efforts to reduce and eliminate the unlicensed practice (UP) of health care professions in the state. This is often referred to generically as the “unlicensed practice of medicine,” but it applies to any health profession for which a license in Florida is required, for example, massage therapy.

A large Number of Health Care Professionals in Florida.

The Report points out that the Department of Health issued 29,651 professional licenses to new applicants just in the Third Quarter of the fiscal year, from January 1, 2021, through March 31, 2021.

The Medical Quality Assurance (MQA) division of the Department of Health issued 102 cease and desist orders to unlicensed individuals whose unregulated and illegal activities were reported to it. It referred 98 complaints to law enforcement agencies for potential criminal violations.

The unlicensed practice of a health profession in Florida is a felony.

It would be interesting to imagine how many additional applicants there might have been for licensed and how many additional complaints and prosecutions for unlicensed practice there might have been if the COVID-19 pandemic hadn’t been in full bloom. The QPR shows overall enforcement support down for the Fiscal Year 2020-2021, undoubtedly because of this.

Which Professions Have the Most Unlicensed Violations?

Although the QPR does not discuss this, from my own personal experience, the ere are three top runners: massage therapy, nursing, and dentistry; note, however, that this is my opinion, only.

It seems to me that there are many cases of mistaken unlicensed practice brought against massage therapists because of mistakes in identity by investigators. We have experienced cases where investigators arrest several different individuals of foreign origin who happen to be present at a massage establishment and accuse them of practicing there without a license when that person was only there visiting a friend or relative and did not touch any client. Often the visitor and even the licensed professionals there will speak little or no English, therefore being unable to clear up any confusion.

Dentistry is another profession where there is a great deal of unlicensed practice. Often this arises when an individual was a dentist in a foreign county and relocates to the U.S., but is unable to obtain a license. They may set up shop in a home or garage and hold themselves out to a certain group speaking the same foreign language, as able to provide skilled dental services. To me, the number of unlicensed practice cases I have encountered in this profession is largely due to the absence of qualified licensed dentists providing care in our communities, especially to the indigent and immigrant communities.

Charges of unlicensed practice of nursing often arise because of nurses who may have been trained abroad failing to make sure that everyone they work with refers to them as “medical assistants” or whatever other role they are filling. It is very common in doctors’ offices and medical practices to refer to anyone who assists the doctor in any way as “the nurse.” One must be careful if one is not a licensed nurse to correct this mistitling whenever it occurs. We have had multiple cases of a doctor’s competitor or a disgruntled patient filing a complaint that the doctor’s medical assistant was holding himself out to be a nurse when they were not.

To Read the entire DOH Third Quarterly Performance Report for 2020-2021, click here:

http://www.floridahealth.gov/licensing-and-regulation/reports-and-publications/_documents/qpr3-2021.pdf

Remember the Mission of the Florida Department of Health; It is Not to Help YOU.

The QPR emphasizes the same thing you will hear at every professional board meeting if you attend it. That is, the mission of the Florida Department of Health is to protect, promote, and improve the health of all people in Florida and to protect the public. It is not to advocate for or help any individual licensed health professional.

That is one of the reasons I continually tell licensed health professionals that if you want advice on what to do or how to do it legally, don’t call and ask the Department of Health.

First, there is no individual who is authorized to give you advice on what to do or not to do on behalf of any profession, board, or council. Second, there is no individual who is authorized to make decisions on behalf of any professional board or council. A professional board speaks when it meets, discusses an issue, and votes on that issue. That is how decisions are made; not by what one employee may think.

You may send all of your complaints and other hate mail to me at one of the addresses given below.

Contact Health Law Attorneys Experienced with Department of Health Matters and Investigations.

At the Health Law Firm, we provide legal services for all health care providers and professionals. This includes physicians, nurses, dentists, psychologists, psychiatrists, mental health counselors, Durable Medical Equipment (DME) suppliers, medical students and interns, chiropractors, hospitals, ambulatory surgical centers, pain management clinics, nursing homes, and any other health care provider

Our attorneys provide legal representation in Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, Federal Bureau of Investigation (FBI) investigations, and other types of investigations of health professionals and providers.

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., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

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

The Health Law Firm2022-12-29T19:01:33-05:00December 31st, 2022|Categories: Dental Law Blog|Tags: administrative hearing attorney, administrative licensure investigation representation, Agency for Health Care Administration (AHCA) representation, AHCA attorney, AHCA defense lawyer, board licensing complaint lawyer, board licensing complaint representation, board representation for healthcare professionals, Department of Health investigation representation, DOH defense lawyer, DOH investigation, DOH investigation defense attorney, DOH representation, Drug Enforcement Administration (DEA) agents, FBI agents, Healthcare attorney, healthcare license representation, licensure defense, licensure defense attorney, Licensure Defense Representation, Medicaid Fraud Control Unit (MFCU) investigators, nurse attorney, nurse defense lawyer, OIG special agents, representation for administrative complaint, representation for board licensing complaint, representation for DOH investigations, representation for healthcare professionals, representation for nurses, representation for physicians, reviews for The Health Law Firm, The Health Law Firm reviews|0 Comments

NAPB Sends False Examination Results to Hundreds of Pharmacy Graduates. Again.

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

On November 19, 2022, the National Association of Boards of Pharmacy (NABP) was hit with a proposed class action lawsuit after falsely reporting that individuals had failed the North American Pharmacist Licensure Examination (NAPLEX). This is reportedly the second year in a row the NABP had mistakenly informed hundreds of pharmacy graduates that they failed their pharmacy board examination when, in fact, they passed.

The Importance of the NAPLEX.

For many pharmacists, a passing score on the NAPLEX examination is critical to their license to practice. NABP’s website states, “The NAPLEX is an important part of the licensure process.” Failure to pass the examination may damage a reputation and cause loss of residency and employment opportunities. This case stresses that NAPLEX is the culmination of the academic careers of those who have received a doctor of pharmacy degree and are about to advance into their professional lives.

“A passing score often confirms a job contract, residency, or other opportunities,” the complaint reads. “A failing score, however, leads not only to trauma and distress but also to demotions or even a rescinded job offers [sic] or residencies. The trauma and distress that came with [candidates] being told they had failed cannot be understated.”

The Significance of This Case.

The scoring error impacted the test results of over 200 people who took the NAPLEX between July 30, 2022, through October 26, 2022. NABP initially informed these people that they had failed the examination. However, the filing said it took the NABP roughly two months to inform test takers of the test-scoring mistakes. The NABP issued a statement on their website; read it here.

The Second Year Running.

This is not the NABP’s first failure to properly score the NAPLEX. In 2021, after implementing its new pass-fail scoring method, it reportedly published incorrect test results for more than 400 students. As a result, some were told they failed when they passed, while others who failed were wrongly told that they passed. Therefore, the NABP knew about the problems with the NAPLEX scoring system since the same thing happened to more than 400 students last year, the lawsuit relays.

Click here to view the complaint in full.

Contact Us for an Initial Consultation on an Irregular Behavior Case or Any Other Misconduct Associated with Health Professional Examinations.

Contact our firm, and we will be happy to discuss your irregular behavior case before you decide on hiring an attorney. Contact us if you are accused of improper conduct, cheating, improperly sharing examination content or any other type of misconduct associated with medical examinations. For additional information, click here to read our E-book on “Tips for Answering Allegations of Irregular Behavior For USMLE Step Exams.”

Contact a Health Care Attorney Experienced in the Representation of Medical Students, Interns, Residents and Applicants, Fellows and Those Involved in Graduate Medical Education, and those being challenged by the National Board of Medical Examiners (NBME), the United States Medical Licensing Examination (USMLE) Secretariat, and the Educational Commission for Foreign Medical Graduates (ECFMG)

The Health Law Firm and its attorneys represent interns, residents, fellows, and medical school students in disputes with their medical schools, supervisors, residency programs, and dismissal hearings. We have experience representing such individuals and those in graduate medical education programs in various disputes regarding their academic and clinical performance, allegations of substance abuse, failure to complete necessary parts training, alleged false or incomplete statements on applications, allegations of impairment (because of abuse or addiction to drugs or alcohol or because of mental or physical issues), and many other matters. In addition, we routinely help those who have disputes with the National Board of Medical Examiners (NBME), the United States Medical Licensing Examination (USMLE) Secretariat, the Educational Commission for Foreign Medical Graduates (ECFMG), and many other medical, nursing, pharmacy, dental examinations, and certification processes, including on hearings and appeals concerning “Irregular Behavior,” “unprofessionalism,” and “Irregular Conduct.” We also represent physicians with legal problems with the American Board of Internal Medicine (ABIM) or other certification organizations.

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

Sources:

Rizzi, Corrado. “‘Pharmageddon’: National Association of Boards of Pharmacy Sued Over Second Time Issuing False Failing NAPLEX Scores.” ClassAction.org. (November 19, 2022). Web.

Stokes, Patrick. “Hundreds Who Failed Pharmacy Boards Actually Passed.” (November 19, 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.

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: PAlexander@TheHealthLawFirm.com or fax them to (407) 331-3030.

“The Health Law Firm” is a registered fictitious business name 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.

The Health Law Firm2022-12-28T13:12:48-05:00December 28th, 2022|Categories: Medical Education Law Blog|Tags: Board of Pharmacy representation, Chicago National Association of Boards of Pharmacy (NABP) legal counsel, disruptive physician attorney, Educational, Graduate medical education (GME) defense attorney, graduate medical education defense lawyer, health law attorney, impaired medical or pharmacy student legal counsel, impaired resident legal defense attorney, international medical graduate attorney, irregular behavior defense attorney, irregular behavior defense counsel, Irregular behavior defense lawyer, irregular conduct legal representation, lawyer for medical students, legal dispute with pharmacy or medical school, legal representation for irregular behavior, legal representation for medical or pharmacy residents, legal representation for NBME investigations, Legal representation of pharmacists and pharmacies, medical or pharmacy school litigation, medical or pharmacy student legal counsel, medical resident physician attorney, National Association of Boards of Pharmacy (NABP) legal representation, National Board of Medical Examiners (NBME) defense counsel, North American Pharmacist Licensure Examination (NAPLEX) legal representation, pharmacist defense attorney, Philadelphia attorney for ECFMG hearing, Philadelphia lawyer for NBME hearing, Philadelphia legal counsel for USMLE hearing, representation fo Board of Pharmacy matters, residency program legal dispute, residency program litigation, reviews of The Health Law Firm attorneys, The Health Law Firm reviews, United States Medical Licensing Examination (USMLE) defense lawyer, USMLE defense attorney|0 Comments

When the DEA Comes Knocking: 15 Tips If You Find Yourself Facing a “Routine” DEA Inspection

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

As the United States continues to open back up from the COVID-19 shutdown, the Drug Enforcement Agency (DEA) is resuming on-site routine inspections. Therefore, healthcare professionals must ensure compliance and regulatory efforts are in place.

This is part 1 of a 2-part blog series. Check back for part 2 of this blog series soon!

DEA Inspections and Site Visits: Subpoenas.

DEA agents are often pushy, demanding, and intimidating. They will try to use subpoenas (which are merely requests for documents that afford you at least ten days to produce the requested documents) as search warrants. THEY ARE NOT. They will try to use an administrative subpoena to obtain documents and get your testimony immediately. YOU DO NOT HAVE TO PRODUCE THEM RIGHT AWAY. A copy of a sample subpoena used by the DEA is on our website for reference here.

Not Just a Routine Audit, Inspection, or Investigation.

Beware the “Notice of Inspection of Controlled Premises” (DEA Form 82). Although the DEA often treats it as one, it is not a search warrant. Also, it is probably NOT a “Routine Inspection.” IT WILL NOT TAKE ONLY 15 TO 20 MINUTES.

We have had several clients who have had to close down their businesses all day to try to accommodate the demands of the agents performing their “routine inspection.” The DEA should not cause you to shut down or should not cause you to turn away patients. It should not interfere with your patient services or your ability to provide them. You can ask them to come back at a later date.

The DEA often refers to “routine audits” as “Accountability Investigations” and requires the pharmacy or registrant to be given certain rights in connection with it. For example, DEA Form 82 states you are given the following rights:

1.    The constitutional right not to have an administrative inspection without an Administrative Inspection Warrant (AIW),
2.    Has the right to refuse consent to such an inspection,
3.    Presented with a Notice of Inspection,
4.    Given consent voluntarily, without threats of any kind,
5.    May withdraw consent at any time during the course of the inspection, and
6.    Incriminating evidence may be seized and used in criminal prosecution.

Although the DEA agent may tell you that the site visit is “completely random,” do not believe it. If the DEA agent has brought a list of records to obtain from you, try to keep a copy of it, as your lawyer may find it very useful later when they are defending you.

What to Do When Confronted with a DEA Inspection or Site Visit.

1.    Notify the owner right away. If you are not the owner, don’t sign anything, give permission, or agree to anything. You probably have no authority to do so.

2.    Call your health lawyer and get them over immediately. This is an emergency!

3.    Yes, you have the right to consult with your attorney; do not believe them if they say you can’t (which they may do, believe it or not).

4.    Request photo identification from everyone to ensure the individuals are who they say they are. No identification? No access. Federal agents, including DEA agents, will always have their photo ID.

5.    Obtain a business card from each person present. DEA agents always carry business cards. If they do not have one, you will have to write all contact information for that agent from their photo id card (or photocopy, if they will allow you to do so).

6.    Do the same as the above for anyone else the DEA brings, whether they claim to be a federal or state investigator, Department of Health investigator, or local police. Please note that our experience has been that the DEA and state agencies contend that they don’t go on joint inspections or investigations (however, we don’t believe this to be true). Therefore, get all parties’ information at the very start, or you may never get it until they testify against you.

7.    DO NOT SIGN A VOLUNTARY AGREEMENT TO RELINQUISH YOUR DEA REGISTRATION. Agents may try to pressure and intimidate you into signing one by telling you it will be easier if you sign it. They might even try to scare you by warnings of criminal prosecution unless you sign it. Yes, you have the right to consult with an attorney before deciding whether or not to sign it (they may falsely tell you that you don’t). However, once you sign it, it is gone. If you are a prescribing physician or health professional, your authority to prescribe is gone forever. If you are a pharmacy/pharmacist, your ability to order or fill any controlled substances is forever gone. So go ahead and put a sign on the door that says “CLOSED-Out of Business.”

8.    Before the inspection begins, you should be given a form to read and sign. If not, request it. It will usually be a DEA Form 82 “Notice of Inspection of Controlled Premises” Form. Before the inspection, it should be read, explained, agreed to, and signed, not during or after.

9.    Read the form carefully. You have the right to fax it, scan and e-mail it, or call and read it to your attorney before you sign it. If it says you have the right to refuse the inspection, consider putting it off until a later date. Especially if you are busy and have patients you must serve.

10.    Obtain a copy of the form (inspection form or subpoena) at the beginning and keep it. You will need this later.

11.    Obtain a complete, detailed receipt for any documents, prescriptions, or other items taken by the agents. Again, since this is not a search warrant, the DEA does not have the authority to take your only originals and leave you without a copy.

12.    You may or may not be in serious trouble and subject to future criminal charges or administrative action to revoke your DEA registration. Your attorney should be able to evaluate this and advise you. Don’t bother to ask the agents, as they will not tell you what is in your own best interest to know.

13.    If you don’t have an attorney who is experienced in health law and DEA defense, get one NOW. You should begin preparing now. It often takes the DEA a year or more to work up charges against you. Once you are served with charges, you will only have a very short time to prepare your defense. It is a completely unfair system for the subject of charges as the government will have longer to prepare its case against you than you have to prepare your defense. Take advantage of the time you have. Do not waste it.

14.    Be polite and do not argue with a DEA agent.

15.    Do not volunteer information, but never tell a lie. Making a false statement to any federal agent is a felony criminal offense. A subpoena for documents is not an authorization to interrogate you. A search warrant is not an authorization to interrogate you.

Lastly, don’t forget to check back to read part 2 of this blog series.

Please remember: This blog’s statements are opinions based on our experience. If you do not agree with it, then you are probably the DEA.

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

The attorneys of The Health Law Firm provide legal representation to physicians, pharmacists, pharmacies, medical groups, nurses, nurse practitioners, CRNAs, dentists, 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 (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: PAlexander@TheHealthLawFirm.com or fax them to (407) 331-3030.

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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 © 2022 The Health Law Firm. All rights reserved.

What You Need to Know Right Now If the DEA is Knocking on Your Door!

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

Is the Drug Enforcement Administration (DEA) knocking at your door or, even worse, going through your files inside your office?

If so, this is what you need to know right now!

YES, you do have the right to call your attorney. Call your attorney right now. If you cannot, ask one of your employees or spouse to call your attorney. Get your attorney involved right now!

NO, do not sign a document to relinquish or voluntarily give up your DEA registration number. If you do so, this will probably be the biggest mistake you make in your life.

NO, do not sign a document waiving your right to a grand jury investigation before the DEA is authorized to charge you. Why would you voluntarily give up one of your most important constitutional rights?

Don’t Get Fooled By What the DEA Agents Tell You.

The DEA has the reputation (and, in my experience, deservedly so) of making false statements to individuals about what will happen to them or not happen to them if they do not “Cooperate” with the DEA by giving up their rights.

Often they will handcuff the pharmacist or the physician who is the subject of their raid, search warrant, or subpoena as a method of intimidating them. Then they will threaten the person by arresting them and jailing them immediately if they do not sign a “voluntary” relinquishment of their DEA registration. Yet once you do this, your DEA registration is gone, and you will most likely never get one again.

We have even had the report from a physician recently where the DEA agents, during executing a search warrant (not an arrest warrant, by the way), of having the doctor sign a document waiving her right to having a grand jury hearing on any charges she may have been facing. The threat was that she needed to waive her rights or be arrested on the spot and taken to jail. She signed without consulting an attorney.

If you are a pharmacist or pain management physician, or you own or operate a pain management practice, or if you prescribe or dispense opioids, you must have the name and phone number of a good health lawyer and a good criminal lawyer on hand and post at all times! It is only a matter of time before you need to use it.

Have this information in your wallet and taped to every telephone and computer in your office. But use it right away. Call your attorney right away. Your attorney will come over or brief you on what to do or not do.

Contact Health Law Attorneys Experienced in Representing Pharmacies and Pharmacists.

The Health Law Firm represents pharmacists and pharmacies in DEA, DOH, and FDA investigations, qui tam and whistleblower cases, regulatory matters, licensing issues, litigation, administrative hearings, inspections, and audits. The firm’s attorneys include those who are board certified by The Florida Bar in Health Law, as well as licensed health professionals who are also attorneys.

To contact The Health Law Firm, 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. 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: PAlexander@TheHealthLawFirm.com 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 © 2022 The Health Law Firm. All rights reserved.

Department of Health Quarterly Report Released Covering Through March 2021

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

The Florida Department of Health’s Quarterly Performance Report (QPR) for the Third Quarter of Fiscal Year 2020-2021, was recently released. It provides information and statistics on actions involving licensed health professionals through March 2021.

Scope of the Florida Department of Health’s Control.

First, note that Florida’s Department of Health regulates 22 health care practitioner boards and four health professional councils. This makes it one of the largest such organizations in the country. Second, this also means that the practice of health care in Florida is one of the most heavily regulated anywhere in the U.S., with each professional board, as well as the Department of Health, having specific Florida statutes governing their professions, as well as the different boards each enacting different sets of administrative rules regulating those professions.

The Quarterly Performance Report contains financial and statistical information concerning licensed health professionals.

Key Emphasis on Unlicensed Practice of Health Care Professions.

The key emphasis of this report is the Department of Health’s ongoing efforts to reduce and eliminate the unlicensed practice (UP) of health care professions in the state. This is often referred to generically as the “unlicensed practice of medicine,” but it applies to any health profession for which a license in Florida is required, for example, massage therapy.

Large Number of Health Care Professionals in Florida.

The Report points out that the Department of Health issued 29,651 professional licenses to new applicants just in the Third Quarter of the fiscal year, from January 1, 2021, through March 31, 2021.

The Medical Quality Assurance (MQA) division of the Department of Health issued 102 cease and desist orders to unlicensed individuals whose unregulated and illegal activities were reported to it. It referred 98 complaints to law enforcement agencies for potential criminal violations.

The unlicensed practice of a health profession in Florida is a felony.

It would be interesting to imagine how many additional applicants there might have been for licensed and how many additional complaints and prosecutions for unlicensed practice there might have been if the COVID-19 pandemic hadn’t been in full bloom. The QPR shows overall enforcement support down for the Fiscal Year 2020-2021, undoubtedly because of this.

Which Professions Have Most Unlicensed Violations?