Department of Health | The Health Law Firm Blog

Florida Dentist Hit with an Emergency Suspension Order for Allegedly Inhaling Nitrous Oxide

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

A Debary, Florida, dentist has been served with an emergency suspension order (ESO) by the Florida Department of Health (DOH) for allegedly inhaling nitrous oxide or laughing gas in front of patients. The administrative complaint filed against the dentist on November 2, 2012, by the Florida DOH stated a department-approved evaluator deemed the dentist unfit to practice dentistry and was recommended to undergo residential treatment.

Click here to read the full administrative complaint against the dentist.

We want to point out that these are just allegations made […]

By The Health Law Firm|2024-03-14T10:00:41-04:00June 1, 2018|Dentist, Department of Health, Informal Hearings, The Health Law Firm Blog|

Physical Therapists: Please, Please, Please Talk to an Attorney Before You Talk to an Investigator

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

In Florida, You DO NOT Have to Speak to an Investigator!

Despite mailing out hundreds of thousands of postcards and letters to physical therapists, 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 duty to cooperate with any investigator who is investigating you. This extends to Department of Health (DOH) investigators (who are sometimes titled “Medical Quality Assurance Investigators” or “Medical Malpractice Investigators”) or criminal […]

By The Health Law Firm|2024-03-14T10:00:42-04:00June 1, 2018|Department of Health, Licensing issues, The Health Law Firm Blog|

New System for Patients to Report Medical Mistakes in the Works

By Danielle M. Murray, J.D.

According to the New York Times, the government wants to implement a new system that would allow patients to report medical mistakes and unsafe practices by health care providers to a central reporting organization. This includes doctors, hospitals, pharmacists, and all other professionals or entities that provide medical treatment. While it is only an idea at this point, the government envisions patients reporting problems through a website or a phone number by answering a short questionnaire.

Federal officials believe that medical mistakes frequently go unreported and patients could have useful information that could be used to identify health care providers and facilities where […]

By The Health Law Firm|2024-03-14T10:00:37-04:00June 1, 2018|Department of Health, Health Care Industry, In the Know, In the News, Licensing issues, The Health Law Firm Blog|

Licensed Health Professionals: Keep Up with Your Continuing Education Requirements

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

Those who are licensed by the Department of Health (DOH) must be sure they are maintaining their continuing education requirements by taking the required courses in a timely manner. We have attended at least one professional board meeting recently where there was concern expressed about licensees failing to meet their continuing education requirements. One estimate was that approximately sixty percent (60%) were deficient of one profession.

Failing to obtain the required courses during the time period set forth by statute and by board regulation can result in disciplinary action being […]

By The Health Law Firm|2024-03-14T10:00:43-04:00June 1, 2018|Department of Health, Licensing issues, The Health Law Firm Blog|

Nurse Accused of Illegally Writing Herself 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 Prescriptions.

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

By The Health Law Firm|2024-03-14T10:00:43-04:00June 1, 2018|Department of Health, Nurses, The Health Law Firm Blog|

Dentists, Talk to an Attorney Before You Talk to an Investigator

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

In Florida, You DO NOT Have to Speak to an Investigator!

Despite mailing out hundreds of thousands of postcards and letters to dentists, 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 duty to cooperate with any investigator who is investigating you. This extends to Department of Health (DOH) investigators (who are sometimes titled “Medical Quality Assurance Investigators” or “Medical Malpractice Investigators”), Drug Enforcement Administration (DEA) […]

By The Health Law Firm|2024-03-14T10:00:43-04:00June 1, 2018|DEA, Dentist, Department of Health, Licensing issues, The Health Law Firm Blog|

How to Relocate Your Practice

By Thu Pham, O.D., Law Clerk, The Health Law Firm

Relocating your practice can be stressful. There are many things that you need to do such as physically moving all of your equipment, moving your utility services, and notifying your insurance companies, notifying the Department of Health (DOH), notifying Medicare and Medicaid, and, most important, notifying your patients. Optometrists sometimes forget that they should also notify their patients of the move.

Florida Administrative Code.

Rule 64B13-3.002(2), Florida Administrative Code, requires that an optometrist give notice to patients when he or she relocates or withdraws services so that the patient may make arrangements for follow-up eye care and knows where to obtain a copy of the prior treatment record. The […]

By The Health Law Firm|2024-03-14T10:00:44-04:00June 1, 2018|Department of Health, Licensing issues, The Health Law Firm Blog|

Orlando Physician To Pay $10,000 Fine for Prescribing Painkillers to Undercover Agents

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

On January 24, 2013, an Orlando physician pleaded no contest to racketeering charges for allegedly prescribing pain pills to undercover agents who did not need them. The physician was fined $10,000 and placed on 20 years of probation.

Physician Was One of the First Arrested in Florida’s Prescription-Abuse Crackdown.

According to the DOH complaint, between 2008 and 2009, the physician allegedly saw two undercover agents six times. Each agent complained about minor pain. Both agents were allegedly prescribed pain medication by the physician.

The complaint states that each office visit between the physician and undercover agents was […]

By The Health Law Firm|2024-03-14T10:00:44-04:00June 1, 2018|Board of Medicine, Department of Health, The Health Law Firm Blog|

Hydrocodone Combination Drugs Could Be Reclassified to Schedule II Category of Controlled Substances

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

A Food and Drug Administration (FDA) advisory committee voted 19 to 10 in favor of moving hydrocodone combination drugs from schedule III into the more restrictive schedule II category of controlled substances. According to a number of different sources, on January 25, 2013, the committee presented this recommendation to the FDA. If approved, hydrocodone combination drugs, such as Vicodin, will be harder for physicians to prescribe.

The advisory committee met because the Drug Enforcement Administration (DEA) is requesting the FDA to […]

By The Health Law Firm|2024-03-14T10:00:45-04:00June 1, 2018|Administrative law, Department of Health, In the Know, Pain Management, The Health Law Firm Blog|

Phony Florida Physician Uses Silicone and Krazy Glue – Arrested Twice for Practicing Medicine Without a License

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

A South Florida man was arrested on February 6, 2013, for allegedly injecting people with silicone in a West Palm Beach motel room. He has been charged with practicing medicine without a license. According to the Sun Sentinel, this was the man’s second arrest within two months for the same crime.

Click here to read the entire article from the Sun Sentinel.

This “Krazy” Tale.

Police say this fake physician injected his customers with buttocks-enhancing silicone injections. He would then allegedly seal up the skin wounds with Krazy Glue. Victims said he would not wear gloves […]

By The Health Law Firm|2024-03-14T10:00:45-04:00June 1, 2018|Department of Health, Fake Health Care Professionals, Licensing issues, The Health Law Firm Blog|