Discipline | The Health Law Firm Blog

Florida Woman Arrested for Allegedly Stealing from Disabled Adults

By Dr. Thu Pham, O.D., Law Clerk, The Health Law Firm Attorney and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

A former employee of an organization that provides services to developmentally disabled adults in Alachua County, Florida, was arrested on June 15, 2012, according to the Attorney General’s (AG) Office. The woman was arrested for allegedly stealing money from 11 clients in 2010 and 2011.

To see the press release from the AG, click here.

Medicaid Fraud Control Unit’s (MFCU) Investigation Led to Arrest.

[…]

By The Health Law Firm|2024-03-14T10:01:56-04:00May 15, 2018|Discipline, Patient Care|

Crack Down on Unlicensed Practice of Nursing by Florida Department of Health

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

The Florida Department of Health (DOH) recently made a presentation regarding its increased investigation and prosecution of the unlicensed practice of nursing and other health professions. More resources and more investigators are being assigned to this duty.

The Department of Health has more than doubled the investigators in the Unlicensed Activity Unit from seven investigators to nineteen recently. This dramatic increase in resources and staff has resulted in the investigation of more complaints than ever regarding unlicensed practice of nursing.

Weapon of Choice in This Battle: Trust Funds.

Florida has a dedicated trust fund to combat unlicensed nursing […]

By The Health Law Firm|2024-03-14T10:01:59-04:00May 15, 2018|ARNP, Board of Nursing, CRNA, Defense, Department of Health, Discipline, Nurse License, Nurse Practitioner, registered nurse, Unlicensed activity|

Your Professional Nursing License May Be Your Most Valuable Asset; Insure It!

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

Suppose you had an item that you really wanted but was very expensive. Suppose this item cost you $80,000. Perhaps you took out a loan in order to pay for the item.

Suppose in addition to paying $80,000 you also had to work for four years and contribute four years of your labor to help pay for the item. For this example, let’s assume your four years of labor is equivalent to an additional $80,000. Once you can afford the item, you will have invested the equivalent of $160,000 for it.

In order to protect […]

By The Health Law Firm|2024-03-14T10:01:59-04:00May 15, 2018|Administrative Complaints, ARNP, Board of Nursing, Defense, Discipline, Insurance, Nurse License, Nurse Practitioner, Nurses Service Organization, Professional liability insurance|

How Can I Tell Whether or Not My Attorney Knows Anything about Florida Board of Nursing or Disciplinary Cases?

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

Hiring an attorney can be intimidating and costly. However, hiring representation for a Florida Board of Nursing or disciplinary case is an investment in your future and career. An experienced attorney is indispensable for preparing and defending your case. But how do you know if your representation is knowledgeable in health law?

Below are some examples of what an experienced attorney will not say to a nurse about his or her Board of Nursing or disciplinary case. Remember, if you hear any of the advice below, the attorney most likely has limited or no experience in […]

By The Health Law Firm|2024-03-14T10:01:58-04:00May 15, 2018|Board of Nursing, Department of Health, Discipline, Nurse License|

Learn How to Protect Your Nursing License

By The Health Law Firm|2024-03-14T10:01:58-04:00May 15, 2018|ARNP, Board of Nursing, CRNA, Defense, Discipline, Nurse License|

Other Options Must Be Considered Before Emergency Suspension Order Will Be Upheld

The Department of Health (“DOH”) issued an emergency order suspending Burton’s license to practice nursing.

On appeal, the court quashed the emergency order. It held that DOH had failed to examine other disciplinary options available to it short of suspension. While recognizing DOH might be able to support license suspension as an appropriate penalty, it held that Burton was entitled to a hearing to contest the charges.

In the dissenting opinion, Judge Osterhaus cited numerous findings in the DOH order that supported suspension.

Source:

Burton v. Department of Health, 116 So. 3d 1285 (Fla. 1st DCA 2013) (Opinion filed July 24, 2013).

About the Author: The forgoing case summary was prepared by Mary F. Smallwood, Esquire, of the Administrative Law Section of The Florida […]

By The Health Law Firm|2024-03-14T10:01:58-04:00May 15, 2018|Administrative Hearing, Department of Health, Discipline, Emergency Suspension Order|

Traveling Nurses Must Have Appropriate Professional Liability Insurance

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

We are often asked what we consider to be the biggest problem that a nurse has in defending herself in a complaint against her license. In our opinion, it is not having the financial resources to retain the services of an experienced attorney to defend her. Because of this, we believe that any nurse, especially traveling nurses working at a hospital, skilled nursing facility, home health agency, assisted living facility, medical group, or any other organization must have her own personal professional liability policy that provides ample insurance coverage for professional license defense […]

By The Health Law Firm|2024-03-14T10:01:58-04:00May 15, 2018|Board of Nursing, Defense, Department of Health, Discipline, Insurance, Nurse License|

Indiana Nurses Fired for Refusing to Get Flu Shots

George F. Indest III is Board Certified by The Florida Bar in Health Law

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

The warnings have been loud and clear from the Centers for Disease Control and Prevention (CDC). This influenza season is off to an early and serious start. With that in mind, a number of states are requiring all health professionals in the state to receive the flu vaccination. Some of those opposed to getting vaccinated are being fired by hospitals and health facilities. Because […]

By The Health Law Firm|2024-03-14T10:01:57-04:00May 15, 2018|ARNP, Defense, Discipline, Nurse Aide|

Florida Nurse Allegedly Filled Fake Prescriptions for Painkillers

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

A Central Florida nurse is in trouble with the law for allegedly writing fake prescriptions and illegally obtaining painkillers for herself, according to the Orlando NBC affiliate, WESH television. The nurse was allegedly arrested during the week of December 31, 2012. She is accused of trafficking in oxycodone and trying to fill forged prescriptions.

Click here to read the WESH article.

Pharmacist Did Not Fall For Fake Prescription.

According to an Orlando Sentinel article, a pharmacist, who was suspicious of one of the prescriptions the nurse tried to fill, […]

By The Health Law Firm|2024-03-14T10:01:57-04:00May 15, 2018|Department of Health, Discipline, Pharmacy|

New Database Allows Consumers to Evaluate Nursing Homes Across the Country

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

Consumers have a new online tool to see which nursing homes are being hit with fines for poor quality, safety or maintenance. Nursing Home Inspect 2.0 is a free database that assists users in evaluating nursing homes across the country. The database was first introduced by ProPublica, a nonprofit investigative news organization, in August 2012. On December 17, 2012, the same organization introduced the 2.0 version that includes information about federal fines imposed on nursing homes in the past three years.

The website can be found at Propublica.org/nursinghomes.

According to the website, the information provided […]

By The Health Law Firm|2024-03-14T10:01:56-04:00May 15, 2018|ALFs, Discipline, Nursing Law Blog|