Doctor or Nurse, Please, Please, Please: Talk to an Attorney Before You Talk to an Investigator
Despite mailing out hundreds of thousands of postcards and letters to physicians, nurses, dentists, pharmacists, and psychologists throughout Florida, we continue to receive calls from new clients and from potential clients, after they have already spoken to and made critical harmful admissions against their own interests to investigators. In Florida, you do not have any […]
Why You May Be Waiting For Your Florida Medical License
Applying for a Florida medical license? Read this now, so you don’t have to wait later. What are the most common problems that hinder an application for a medical license or other health professional license in Florida? Still waiting for your Florida medical license or other health professional license? Here are some reasons why it […]
In Treatment: Physicians and the Professionals Resource Network (PRN)
In an industry so concerned with serving others, physicians and other health professionals sometimes find that they are the ones being pushed towards a treatment program. According to a recent study, alcohol abuse is the most common reason for enrolling in a physician health program. Other reasons for treatment included opioid, stimulant and sedative abuse. […]
Consequences of Having Your Massage Therapy License Revoked (Or Relinquishing it after Notice of an Investigation)
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Many massage therapists, when confronted with an investigation against their license, do not fight the charges, sometimes they decide it is cheaper and easier just to give up their license. Either choice is likely to be a mistake. […]
Overcoming License Suspension and Revocation Pending Appeal
By Lance O. Leider, J.D. If you are a doctor, nurse, dentist, psychologist, pharmacist, massage therapist or other licensed health professional whose license has been recently revoked or suspended, there may still be hope. Ordinarily, you must immediately stop practicing or you risk being prosecuted for unlicensed practice, a felony. Although this blog deals with […]
Practicing Medicine Without a Medical License Lands Miami Couple Behind Bars
By Danielle M. Murray, J.D., and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law By now, you have heard stories of fake doctors and dentists in South Florida working on patients and causing severe injuries. Usually, these are solo efforts. However, according to CBS Miami, a couple […]
Do You Need A HIPAA Risk Assessment?
By Danielle M. Murray, J.D. As a health care provider or owner of a health facility, you know about the Health Insurance Portability and Accountability Act (HIPAA) of 1996. You know that you must safeguard and protect confidential patient medical information to avoid civil and criminal penalties against you and your practice. Did you know […]
Georgia Doctors and Nurses Losing Licenses to Practice Due to Immigration Law
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Hundreds of Georgia health providers are without a professional license to practice, because a new immigration law is causing massive backups in paperwork, according to a number of sources. The Illegal Immigration Reform and Enforcement Act of 2011 […]
If Denial of Licensure is Disciplinary in Nature, Then Agency Must Prove Case by “Clear and Convincing Evidence”
The foregoing case summary was prepared by Mary F. Smallwood, Esquire, of The Administrative Law Section of The Florida Bar. Davis Family Day Care Home (“Davis”) was issued a license as a family day care home in 2007. Davis applied annually for renewal of that license. In 2011, Davis applied for renewal of its license […]
Will Florida Board of Medicine Follow Board of Pharmacy’s Lead and Recommend PRN Evaluations for Applicants Before Application is Considered?
By Lance Leider, J.D., The Health Law Firm At the February 12, 2014, Florida Board of Pharmacy meeting, some board members expressed frustration with the fact that applicants for licensure with prior mental health or substance abuse related issues had not been evaluated by the Professionals Resource Network (PRN) prior to the consideration of their […]
New Immigration Law in Georgia Slows Down License Renewal Process for Doctors and Nurses
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Hundreds of Georgia health providers are without a professional license to practice, because a new immigration law is causing massive backups in paperwork, according to a number of sources. The Illegal Immigration Reform and Enforcement Act of 2011 […]
Cancer Patients Must Provide DOH Approval for Seizures and Muscle Spasms, or May Be Unqualified for Low-THC Medical Marijuana
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Preserving Your Nursing License: Alternatives to Conviction, Nolo Contendere or Adjudication Withheld
By Lance O. Leider, J.D., and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law As if being faced with the consequences of criminal charges wasn’t frightening enough, physicians, nurses, dentists, psychologists and other health professionals have the added danger of having their licenses disciplined or revoked if […]
Florida Nurse Accused of Abusing Patient
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A Florida State Hospital licensed practical nurse (LPN) has been arrested and charged with one count of abuse of a disabled adult at the facility. The nurse was arrested on a felony warrant by the Attorney General’s Medicaid Fraud […]
Why Nurses Should Purchase Professional Liability Insurance
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Though many nurses pursue a career in nursing hoping that they will never face disciplinary charges, any number of events not in a nurse’s control can lead to an investigation or administrative action. Nurses need to make sure […]
Texas Massage Worker Arrested For Offering Sexual Services During Undercover Police Sting
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On April 15, 2016, law enforcement authorities executed a search warrant at Accu Therapy Massage, a massage parlor in Odessa, Texas, suspected of offering customers illicit sexual favors for money, Odessa Police said. A 48-year-old woman was suspected […]
Administrative Final Orders Must State Findings of Fact Based on the Evidence Presented
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by the Florida Bar in Health Law Following is a summary of a recent appellate case on an issue relevant to health law: Borges v. Dep’t of Health, 143 So. 3d 1185 (Fla. 3d DCA 2014). Gustavo Borges (Borges) appealed a final order of the […]
Avoid Costly HIPAA Violations with a HIPAA Risk Assessment
By Danielle M. Murray, J.D. As a health care provider or owner of a health facility, you know about the Health Insurance Portability and Accountability Act (HIPAA) of 1996. You know that you must safeguard and protect confidential patient medical information to avoid civil and criminal penalties against you and your practice. Did you know […]
Preserve Your Dental License – Pretrial Intervention and Drug Court as Alternatives to Conviction, Nolo Contendere, or Adjudication Withheld
By Lance O. Leider, J.D., and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law As if being faced with the consequences of criminal charges wasn’t frightening enough, physicians, nurses, dentists, psychologists and other health professionals have the added danger of having their licenses disciplined or revoked if […]
Florida Massage Therapist Charged in Sexual Battery Case Following Several Complaints
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On June 24, 2016, a South Florida massage therapist was charged with sexual battery after being accused of assaulting a client during a session in February 2016. The therapist who allegedly worked at Chi Spa in Pompano Beach, […]
Adverse Consequences of Discipline Against Your Nursing License
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law If the Florida Department of Health (DOH) takes discipline against your Florida nursing license, this will have many significant consequences. Investigation and Discipline of Other State Licenses. The discipline will be reported to every other state in which […]