Department of Health | The Health Law Firm Blog

CVS Refuses to Fill Prescriptions For Some Florida Doctors

The crack down on Florida pill mills continues with CVS pharmacies notifying some doctors that they no longer will fill their prescriptions for certain narcotic medications.

According to Health News Florida, this new policy appears to be limited to Florida, but CVS has not clearly stated what is being used to determine which doctors can have their prescriptions filled for which drugs (though oxycodone definitely appears to be a target).

The Florida Academy of Pain Management, released a letter via email alert that was sent by CVS to a Central Florida physician. The physician who received the letter had never been disciplined by state medical regulators and had extensive pain management training. The email alert, stated that CVS appears […]

By The Health Law Firm|2024-03-14T10:00:27-04:00June 1, 2018|Department of Health, Health Care Industry, In the News, Pain Management, Pharmacy, The Health Law Firm Blog|

Florida’s Strike Force Raids Pain Management Physicians

Florida is reported to have one of the worst prescription drug abuse problems in the country. Because of this issue, pain management physicians have been under increasing scrutiny and attack by federal and state agencies. If you are a pain management physician or you work in a pain a management clinic, you need to be aware of the measures that state and federal agencies are taking against doctors who practice pain management and the owners of pain management clinics.

A news release sent out by the Florida Department of Health (DOH) this summer discusses “inspections” of physicians’ offices across the state, allegedly to ensure compliance with Florida’s new prescription drug law (House Bill 7095). However, many of these may be more […]

By The Health Law Firm|2024-03-14T10:00:28-04:00June 1, 2018|Department of Health, Health Care Industry, Pain Management, Pharmacy, The Health Law Firm Blog|

Recent Changes to Florida’s Pain Management Laws

If you are a pain management physician, it is important for you to be aware of changes in the laws governing the practice of pain management. The following laws were updated this summer, so the Florida Department of Health (DOH) will be enforcing these changes, including new penalities for inappropriate prescribing and new regulations for prescribing controlled substances.

Minimum penalties for inappropriate prescribing for licensed health professionals – six (6) month suspension and $10,000 fine per count. “Inappropriate prescribing” is in new Section 456.44, Florida Statutes.
Effective January 1, 2012, every physician prescribing controlled substances must designate himself or herself as a controlled substance prescribing practitioner on the physician’s profile maintained by the Florida Department of Health.
Effective July 1, 2011, new required […]

By The Health Law Firm|2024-03-14T10:00:28-04:00June 1, 2018|Department of Health, Pain Management, Pharmacy, The Health Law Firm Blog|

What Does Proposed Liposuction Bill Mean For Florida Plastic Surgeons?

A new Florida bill aimed at making liposuction procedures safer is making its way through the Senate in Tallahassee. The bill was created as a result of the deaths of four South Florida mothers in their 30s during liposuction procedures, according to the Orlando Sentinel.

Present state rules say physician surgery offices must be inspected by the state Department of Health or accrediting organizations, unless the doctor performs procedures using only local sedatives that leave the patient awake. Cosmetic surgeons who perform liposuctions using local sedatives such as lidocaine do not have to have their offices inspected.

The bill says that any liposuction that removes more than 1 liter of fat can only be done in a regulated office. This would cover […]

By The Health Law Firm|2024-03-14T10:00:28-04:00June 1, 2018|Department of Health, Health Care Industry, The Health Law Firm Blog|

More Reasons Not to Voluntarily Relinquish Your Professional License or Fail to Appeal an Exclusion Action

In the past, I have written articles and blogs on why a physician, nurse, dentist, psychologist, pharmacist, mental health counselor or other licensed health professional should never agree to voluntarily relinquish his or her license after any notice of a possible investigation being opened. This is treated the same as if the state licensing agency had revoked that license for cause. This applies even if the license is in another state, is inactive, or has expired.

The consequences of this include the action that will surely follow from the Office of the Inspector General (OIG) of the Department of Health and Human Services (HHS) to exclude that professional from the Medicare Program. Of course, this exclusion means any federal health care […]

By The Health Law Firm|2024-03-14T10:00:28-04:00June 1, 2018|Department of Health, Health Care Industry, The Health Law Firm Blog|

At Last, a Ray of Hope for Florida Health Professionals Who Have Paid Their Debt to Society After Criminal Conviction

The Florida Legislature unanimously passed HB 653 which relaxes some of the draconian exclusions enacted under SB 1986, which went into effect on July 1, 2009. SB 1986, which added provisions to Chapter 456, Florida Statutes, among others, prevented numerous healthcare providers from obtaining or renewing licenses based on prior criminal convictions, which could have occurred decades earlier.

As of this writing (March 16, 2012), HB 653 has been passed unanimously by the Florida Legislature, but awaits the Governor’s signature.

Under HB 653, the professional boards within the Department of Health (such as the Board of Medicine, Board of Nursing, Board of Psychology, Board of Massage Therapy, etc.) now will, if signed by the Governor, only […]

By The Health Law Firm|2024-03-14T10:00:28-04:00June 1, 2018|Department of Health, Health Care Industry, In the News, The Health Law Firm Blog|

The 25 Biggest Mistakes Physicians Make After Being Notified of a Department of Health Complaint

The investigation of a complaint which could lead to the revocation of a physician’s license to practice medicine and the assessment of tens of thousands of dollars in fines, usually starts with a simple letter from the Department of Health (DOH). This is a very serious legal matter and it should be treated as such by the physician who receives it. Yet, in many cases, attorneys are consulted by physicians after the entire investigation is over, and they have attempted to represent themselves throughout the case. Often, the mistakes that have been made severely compromise an attorney’s ability to achieve a favorable result for the physician.

These are the 25 biggest mistakes we see in the physician cases […]

By The Health Law Firm|2024-03-14T10:00:25-04:00June 1, 2018|Department of Health, Health Care Industry, The Health Law Firm Blog|

Senators Want National Investigation of State Medical Boards

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

A bipartisan effort has been initiated by three U.S. Senators to launch a national evaluation of state medical boards. Senators Charles Grassley (R-Iowa), Orrin Hatch (R-Utah) and Max Baucus (D-Mont.) sent a letter to the director of the Office of the Inspector General (OIG) for the Department of Health and Human Services (HHS) requesting an investigation into state medical boards at the end of February 2012.

In the letter the senators ask the OIG to launch a national investigation of state medical boards in which the OIG would:

Identify challenges and process improvements for state medical boards, including those that occur across state boundaries;
Identify legislative changes that […]

By The Health Law Firm|2024-03-14T10:00:30-04:00June 1, 2018|Department of Health, Health Care Industry, In the News, The Health Law Firm Blog|

Florida Pharmacy Allegedly the Cause of Eye Infection Outbreak

The Centers for Disease Control (CDC) has allegedly traced a rare fungal infection to an Ocala pharmacy, according to media reports. As reported, Franck’s Compounding Lab is believed to be at least partially responsible for spreading a rare fungal eye infection to over 30 patients across the U.S.

The CDC reports that eye drops and injections traced back to the lab caused the infections. These ophthalmic products contained multiple fungal and bacterial species, according to the CDC. The products have now been recalled, but were in use for over a year before the recall. The CDC has also issued a warning to avoid any product labeled sterile from Franck’s.

The patients impacted by the contaminated products had all undergone some type […]

By The Health Law Firm|2024-03-14T10:00:30-04:00June 1, 2018|Department of Health, Health Care Industry, In the News, Pharmacy, The Health Law Firm Blog|

In Florida You Have Fifth Amendment Rights in a Department of Health Investigation of Your License

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

If you are contacted by a Florida Department of Health investigator, did you know that you are not required to make a statement or give any information that can be used against you? If you are being investigated you have a right to refuse to speak with an investigator pursuant to the Fifth Amendment of the U.S. Constitution and the equivalent rights given by the Florida Constitution, Article 1, Section 9. However, because the Miranda decision does not apply to administrative proceedings, including licensure investigations, the DOH investigator does not have to inform you of this.

In […]

By The Health Law Firm|2024-03-14T10:00:30-04:00June 1, 2018|Department of Health, The Health Law Firm Blog|