Nursing Law Blog | The Health Law Firm Blog

Pharmacy Technicians Allowed to Administer Immunizations After New Florida Legislation

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

On July 1, 2022, Florida passed HB 1209, allowing registered pharmacy technicians to administer immunizations to patients. The new law utilizes pharmacy technicians to seek certification to provide immunizations and become “Certified Registered Pharmacy Technicians.” These pharmacy technicians will then be allowed to administer all vaccines listed by the CDC in the Adult Immunization Schedule or recommended by the CDC for international travel. Additionally, it includes vaccines authorized by the FDA under an emergency use authorization or by the Florida Board of Pharmacy in response to a state of emergency declared by the […]

By The Health Law Firm|2024-03-14T09:59:12-04:00February 12, 2024|Nursing Law Blog|

New Jersey Appeals Court Says Plaintiffs Don’t Need Affidavit to Sue LPN in Medical Malpractice Cases

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

In a precedent-setting case, on November 9, 2022, for the first time, a New Jersey appeals court ruled that plaintiffs in medical malpractice cases do not need an affidavit of merit before filing a claim against a licensed practical nurse (LPN). In many states, Florida included, licensed practical nurses (LPNs) and registered nurses (RNs) are included in coverage by the state’s medical malpractice pre-suit screening act. This requires a plaintiff to conduct a pre-suit screening and obtain an affidavit of expert opinion from a similar expert witness that states that the nurse has committed malpractice that […]

By The Health Law Firm|2024-03-14T09:59:12-04:00February 8, 2024|Nursing Law Blog|

Florida Nurse Wins Reversal by Appellate Court of Nursing Board’s Revocation of License; “Due Process Rights Violated” Says Court of Appeal

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

On September 22, 2022, Florida’s First District Court of Appeal reversed a final administrative order from the Board of Nursing, saying that the state agencies engaged in “a game of bait and switch” when revoking a Florida nurse’s license. As a result, the discipline imposed on the nurse, revocation of her nursing license, is reversed. The appeals court said that the Florida Board of Nursing violated the nurse’s due process rights by imposing a penalty for violating patient confidentiality when she was only charged with having her license suspended in another state.

Details About the Case.

In 2018, […]

By The Health Law Firm|2024-03-14T09:59:13-04:00January 11, 2024|Nursing Law Blog|

Steps to Take If You Receive an OIG Subpoena from the U.S. Department of Health and Human Services

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

The U.S. Department of Health and Human Services (HHS) issues investigative subpoenas through the Office of the Inspector General (OIG). This agency investigates allegations of fraud, waste, and abuse against Medicare, Medicaid, and other federally funded healthcare programs. These subpoenas are very broad, usually requiring the production of thousands of pages of documents. Click here to see a sample of a subpoena duces tecum issued by the OIG.

Immediate Action to Take If the OIG Issues a Subpoena.

Immediately review the subpoena in detail to see what it requests and from whom. A subpoena […]

By The Health Law Firm|2024-03-14T09:59:15-04:00December 23, 2023|Nursing Law Blog|

Completing an Application for a Nursing License? Here Are Some Helpful Tips!
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Completing an Application for a Nursing License? Here Are Some Helpful Tips!

Nursing Law Blog

Completing an Application for a Nursing License? Here Are Some Helpful Tips!

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

The process of obtaining a nursing or health care professional license is not only challenging, but it’s also time-consuming. If you have a criminal conviction or unique circumstance which may negatively impact your ability to be granted a health care license, you must consult with an experienced attorney. Your career or future depends on your ability to positively present yourself to the board.

In instances where the applicant has a criminal history, substance abuse/alcohol problem, or discipline in another state, the board members are trying to discern from the testimony if he or she is safe […]

By The Health Law Firm|2024-03-14T09:59:16-04:00December 3, 2023|Nursing Law Blog|

List of Florida Nursing Schools Issuing Phony Diplomas in Operation Nightingale Increases to 19

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

A recent announcement by the Washington State Nursing Care Quality Assurance Commission (NCQAC), now known as the Washington State Board of Nursing, has listed 19 Florida schools that it states are or were involved in the fraudulent scheme investigated by the Federal Bureau of Investigation (FBI) as “Operation Nightingale.”

What Are the Names of the 19 Phony Florida Nursing Schools?

The 19 schools that NCQAC states were involved in taking nursing students’ money and issuing fake transcripts are:

Carleen Health Institute
Carleen Home Health School II
Ideal Professional Institute, Inc.
Jay College of Health LLC
Med-Life Institute – West Palm Beach
Med-Life […]

By The Health Law Firm|2024-03-14T09:59:17-04:00November 13, 2023|Nursing Law Blog|

HCA Healthcare Data Breach May Affect 11 Million Patients

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

On July 11, 2023, HCA Healthcare, which operates 180 hospitals in the U.S. and Britain, said a hacker may have stolen the personal data of about 11 million patients in a data breach. A press release warned patients that critical personal information had been compromised, including their full name, city, and when and where they last saw a healthcare provider.

What Happened to the Patient Data?

Data samples, including addresses, phone numbers, e-mails, and birth dates, were posted to DataBreaches.net (an online forum popular with cyber crooks) by a hacker trying to sell them. However, after publication, […]

By The Health Law Firm|2024-03-14T09:59:18-04:00October 10, 2023|Nursing Law Blog|

Facebook’s $725 Million Data-Privacy Settlement’s Impact on Healthcare

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

Facebook agreed to the largest-ever data privacy settlement in December 2022. The $725 million settlement comes after nearly five years of litigation and contentious negotiations.

The class action lawsuit revolved around allegations that Facebook had been sharing user data with third parties without the users’ consent or knowledge. The case stemmed from the 2016 investigation into the Facebook election scandal.

In that scandal, Facebook was accused of selling user data to a political consulting firm that […]

By The Health Law Firm|2024-03-14T09:59:19-04:00October 2, 2023|Nursing Law Blog|

Nurses: You Must Insure Your Legal Protection

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

I have news for you: You need professional liability insurance! But you only need the kind that includes professional liability insurance coverage, and in the amount of $25,000 or more.

Are you a traveling nurse? Are you a nurse who works for a hospital or nursing home? Are you a nurse who works in a doctor’s office? Are you the nurse who is going to tell me: “I think I have insurance coverage through my employer?”–WRONG! Not professional license complaint defense […]

By The Health Law Firm|2024-03-14T09:59:21-04:00September 6, 2023|Nursing Law Blog|

Harvard May Fight Liability Claims for Morgue Manager’s Sale of Cadaver Body Parts

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

To read the indictment, click here.

On June 14, 2023, the previous Harvard morgue manager, his wife, and three others were indicted on charges of conspiracy and interstate transport of stolen goods in relation to their scheme of selling body parts from the Harvard medical school morgue.

Following this indictment, two proposed class actions and a third claim have been filed against Harvard alleging it was negligent in its supervision of the morgue. To learn more, read my […]

By The Health Law Firm|2024-03-14T09:59:21-04:00September 5, 2023|Nursing Law Blog|