Health Care Industry | The Health Law Firm Blog

In Brief: Florida Pain Management Clinic Laws

Every health profession has its own set of rules and regulations. This week, we’re examining Florida laws under which pain management clinics operate.

Because Florida has one of the worst drug trafficking problems in the country, law enforcement is making sure that punishments for any violations are severe. For example, if a patient dies of drug overdose and the prescriber is found to be responsible, he or she can be charged with homicide, which was the case for a Palm Beach County pain management physician (see this New York Times article).

The DEA, Florida Department of Health and Florida law enforcement are watching pain management clinics very closely in order to keep Florida’s drug trafficking problem under control. […]

By The Health Law Firm|2024-03-14T10:00:26-04:00June 1, 2018|Department of Health, Health Care Industry, Pain Management, Pharmacy, The Health Law Firm Blog|

Nurses: Insuring Your Legal Protection

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 they are covered if this ever occurs, with appropriate insurance.

The primary reason that a nurse should purchase a professional liability insurance policy is that this type of insurance usually includes coverage for legal defense of licensing and disciplinary action commenced against a nurse.

License defense coverage pays the legal fees and costs associated with defending a nurse when an investigation is initiated that may result in action against her nursing license or […]

By The Health Law Firm|2024-03-14T10:00:26-04:00June 1, 2018|Health Care Industry, Insurance, Nurses, The Health Law Firm Blog|

Former Texas Official Sentenced for Retaliation Against Nurses

According to ABC News, Scott Tidwell, a former West Texas county attorney, will serve four months in jail and 10 years of probation for retaliating against two nurses.

The nurses filed an anonymous complaint to state medical regulators against a doctor who used herbal remedies and hospital supplies to perform at-home procedures. The doctor then ordered a friend, a county sheriff at the time, to investigate the complaint, which resulted in the nurses being fired from their jobs and charged with felonies.

Tidwell acted as the prosecutor in the trial against one of the nurses. She was acquitted, and the charges against the other nurse were dropped.

Tidwell is not the only player in this case who […]

By The Health Law Firm|2024-03-14T10:00:26-04:00June 1, 2018|Health Care Industry, In the News, Nurses, The Health Law Firm Blog|

Accused of “Irregular Behavior” on Your USMLE Step Exams: What to Do

Many students, foreign medical graduates and those applying to receive a medical license in the United States find themselves accused of “irregular behavior” while taking the Step 1, Step 2 or Step 3 exams of the United States Medical Licensing Examinations (USMLE) administered by the National Board of Medical Examiners (NBME). Often the conduct turns out to be something that is not significant, was inadvertent, was not intended to provide any unfair advantage to the test-taker or is otherwise justifiable or explainable. Nevertheless, because of the extremely serious consequences a finding of “irregular behavior” may have, the applicant should act immediately […]

By The Health Law Firm|2024-03-14T10:00:26-04:00June 1, 2018|Health Care Industry, In the Know, Medicaid, NBME, The Health Law Firm Blog|

Cheating, Irregular Behavior and Other Maladies Plaguing Future Physicians: A Two-Part Series

The road to becoming a physician is paved with many unique challenges. The uphill battle begins with rigorous undergraduate course work, followed by the MCAT and medical school applications. Upon acceptance into medical school, you are faced with the USMLE (United States Medical Licensing Examination) and its STEP 1 and STEP 2 exams. At any of these stages, a student can be accused of numerous faults including cheating, misrepresentation, falsification of information, unfair advantages and the many faces of “irregular behavior.”

On Wednesday, the challenges of a pre-med student were discussed. Today’s post focuses on the challenges imposed on a student after entering medical school.

So you made it to medical school. Congratulations! After years of slaving away in biology and […]

By The Health Law Firm|2024-03-14T10:00:26-04:00June 1, 2018|Health Care Industry, In the Know, Medical Students, NBME, The Health Law Firm Blog|

Legally Speaking: Psychologists, Mental Health Counselors, Social Workers and Therapists

Today begins a multi-part series focusing on the legal matters and needs concerning healthcare professionals, starting with those who practice in the field of psychology, including psychologists, Licensed Mental Health Counselors (LMHCs), Clinical Social Workers (CSWs) and Licensed Marriage and Family Therapists (LMFTs).

Supervised by the Board of Psychology and the Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling, psychologists, Licensed Mental Health Counselors, Clinical Social Workers and Licensed Marriage and Family Therapists are responsible for an important component of patient care: mental health. Insuring the mental health of a patient does not come without risks.

For this reason, every mental health professional should carry professional liability insurance that […]

By The Health Law Firm|2024-03-14T10:00:26-04:00June 1, 2018|Health Care Industry, In the Know, Mental Health, The Health Law Firm Blog|

Florida Doctor Arrested for Drug Sales and Other Criminal Charges

Drug trafficking charges against a medical doctor are not a new concept, especially in Florida. Recent pill mill busts throughout the state have resulted in an omnipresent DEA, always on the lookout for illegal drug sales by pharmacies, pharmacists, pain management clinics and physicians. However, the recent arrest of a Central Florida doctor extends beyond the run of the mill “pill mill” bust, as the accusations in this case involve sex with a minor and delivering a controlled substance to a minor.

According to Florida Today, this Central Florida doctor was arrested Tuesday following a raid by the Florida Department of Law Enforcement. This is his second arrest after he was charged with possession of marijuana […]

By The Health Law Firm|2024-03-14T10:00:26-04:00June 1, 2018|Health Care Industry, In the Know, In the News, Pain Management, Pharmacy, The Health Law Firm Blog|

Cheating, Irregular Behavior and Other Maladies Plaguing Future Physicians: A Two-Part Series

The road to becoming a physician is paved with many unique challenges. The uphill battle begins with rigorous undergraduate course work, followed by the MCAT and medical school applications. Upon acceptance into medical school, the USMLE (United States Medical Licensing Examination) and its STEP 1 and STEP 2 exams provide another hurdle. At any of these stages, a student can be accused of numerous faults including cheating, misrepresentation, falsification of information, unfair advantages and the many faces of “irregular behavior.”

Today’s post focuses on the challenges imposed on a student prior to entering medical school. On Friday, the implications of various forms of “misconduct” for med students will be dissected (including USMLE irregular behavior and the case of NBME and FSMB […]

By The Health Law Firm|2024-03-14T10:00:26-04:00June 1, 2018|Health Care Industry, In the Know, Medical Students, The Health Law Firm Blog|

Responding to a Medicare Audit – Practice Tips

Although you may speak of a “routine” Medicare audit, there is really no such creature. This is like saying you have a “routine IRS audit.” The fact is that there is some item you have claimed as a Medicare provider or the amount of claims Medicare has paid in a certain category that has caused you or your practice to be audited.

Having too many claims for level five CPT codes might, for example, cause you to be audited. Having multiple claims submitted for the same date of service, may cause you to be audited. Submitting claims for CPT codes outside of your medical speciality area, might cause you to be audited. Having the dollar amount of claims greater than the […]

By The Health Law Firm|2024-03-14T10:00:25-04:00June 1, 2018|Health Care Industry, In the Know, Medicare, The Health Law Firm Blog|

The Collateral Effects of a Criminal Case on a Health Care Licensee

Criminal charges against a health care professional can have serious consequences. Learn more about the impact of a criminal charge on Florida licensed health professionals. For further information, visit our website.

What is the Effect of a Plea of Nolo Contendere for a Florida Licensed Health Professional?

Pursuant to the general chapter of Florida Statutes applicable to all licensed health professionals (Chapter 456), a plea of nolo contendere is treated the same as a plea of guilty for all purposes. Additionally the chapter of Florida Statutes that governs each type of health professional usually contains similar provisions; sometimes this will be in the Florida Administrative Code (F.A.C.) Rules that have been adopted by the separate professional licensing board for that profession.

What Is the […]

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