department of health | The Health Law Firm Blog

Nurses: Contact an Experienced Health Law Attorney Before Signing an IPN Contract

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

The Impaired Practitioner Program for Nurses, formerly known as the Intervention Project for Nurses or “IPN,” was established via legislative action in 1984 to assist, treat and monitor impaired nursing professionals. This impairment may be the result of drug abuse, alcohol abuse, mental impairment or physical illness.

Allegations of Nurse Impairment Reported to IPN.

The IPN is currently authorized by the Florida Legislature as set forth in Section 456.076, Florida Statutes. IPN becomes involved with a nurse when an allegation of impairment is made regarding a […]

By The Health Law Firm|2024-07-29T12:55:19-04:00July 29, 2024|IPN, Nursing Law Blog|

Need Last Minute Deposition or Hearing Representation? Call The Health Law Firm

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

Our office often takes phone calls from pharmacies and pharmacists needing short-notice representation at a Board of Pharmacy hearing or at a deposition related to a health care matter.

In our experience, many other law firms refuse to represent clients at hearings unless the firm is given plenty of advance notice. We always prefer to have sufficient time to obtain documents, review files, interview witnesses, conduct research and prepare, in order to provide the best possible representation to our client. However, we realize that in certain cases, the alternative is that the client either […]

By The Health Law Firm|2024-03-14T10:00:09-04:00October 10, 2019|Pharmacy Law 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|

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|

Florida Cardiologist Receives Emergency Suspension Order Linked to Stem Cell Treatments

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

A Florida cardiologist recently had his medical license emergently suspended by the Florida Department of Health (DOH) for allegedly performing stem cell treatments on a patient. According to the emergency suspension order (ESO), the DOH had previously warned the doctor to stop performing these treatments in 2011. Now, his license is at risk of being revoked. To view the ESO click here.

Doctor’s License Suspended by the DOH for Allegedly Performing Stem Cell Treatments.

The DOH ordered the emergency suspension of the cardiologist’s medical license in March 2012. He is being accused of violating an emergency restriction order (ERO) against using stem cell treatments […]

By The Health Law Firm|2024-03-14T10:00:31-04:00June 1, 2018|Department of Health, In the News, The Health Law Firm Blog|

Have You Updated Your Address with the Department of Health?

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

A recent case involving the Florida Department of Business and Professional Regulation (DBPR) demonstrates how important it is for all professional licensees, including Department of Health (DOH) licensees, to immediately update their addresses with the licensing agency when there is change.

Appellant in Recent Case Filed an Appeal to Reverse Revokation of His License Application.

In Griffis v. Department of Business and Professional Regulation, the appellant filed an appeal of the DBPR’s order revoking two of his licenses. The order also imposed a fine and ordered the appellant to pay restitution […]

By The Health Law Firm|2024-03-14T10:00:33-04:00June 1, 2018|Department of Health, The Health Law Firm Blog|

South Florida Man Busted for Fraudulently Working as a Pharmacist

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

On July 24, 2012, a 49-year-old man from Ruskin in South Fla., pleaded guilty in federal court to fraudulently working as a Central Florida pharmacist from 2000 to 2009, according to the Department of Justice (DOJ) in a press release.

Man Allegedly Gave the Wrong Prescription to At Least One Customer.

Prosecutors said this man worked at pharmacies throughout Central Florida, including CVS pharmacy and Walgreens. According to the Orlando Sentinel, while working at one of the pharmacies, he gave a customer the […]

By The Health Law Firm|2024-03-14T10:00:33-04:00June 1, 2018|Department of Health, In the News, The Health Law Firm Blog|

Overcoming License Suspension and Revocation Pending Appeal

By Lance O. Leider, J.D.

If you are a doctor, nurse, dentist, psychologist, pharmacist, massage therapist or other licensed health professional whose license has been recently revoked or suspended, there may still be hope. Ordinarily, you must immediately stop practicing or you risk being prosecuted for unlicensed practice, a felony. Although this blog deals with Florida law, similar relief may be available in other states, too.

One of the hardest things about having a license suspended or revoked is that it immediately cuts off the licensee’s sole source of income. If you have a thriving practice, this will usually destroy any value your business has. Without income, […]

By The Health Law Firm|2024-03-14T10:00:36-04:00June 1, 2018|Appeal, Department of Health, Licensing issues, The Health Law Firm Blog|

Most Physicians Not Using the Prescription Drug Monitoring Program

By Danielle M. Murray, J.D.

The Florida Prescription Drug Monitoring Program is apparently collecting dust as physicians are choosing not to use it. The Tampa Bay Times reported on October 5, 2012, that as few as one in twelve doctors have ever used the database. That is about eight percent (8%) of all physicians. Approximately fourteen percent (14%) of physicians are registered for the database.

Click here to read the entire story from the Tampa Bay Times.

Physicians Don’t Want to Use the Database.

Physicians interviewed for the article said the problem is that database use is not mandatory. Physicians are not required […]

By The Health Law Firm|2024-03-14T10:00:39-04:00June 1, 2018|DEA, Department of Health, In the News, Pain Management, Pharmaceutical Drugs, Pharmacy, The Health Law Firm Blog|

Advice for All Massage Therapists: Please Talk to a Lawyer Before You Talk to the Department of Health (DOH) Investigator

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

Massage therapists, I beseech you: please do not talk to a Department of Health (DOH) investigator until you have talked to a health lawyer who is experienced with DOH investigations and board licensing complaints. Do not answer or respond to even the most basic questions about where you work now, what your address is or if you know patient x, until consulting with counsel.

Admitting to Anything May Hurt Your Case.

We are routinely consulted by massage therapists and other healthcare providers for representation after they have discussed the case and […]

By The Health Law Firm|2024-03-14T10:00:40-04:00June 1, 2018|Department of Health, Massage Therapy, Massage Therapy License, The Health Law Firm Blog|