professional licensure defense attorney | The Health Law Firm Blog

United States Court of Appeals Denies U.S. Nursing Corporations Indemnification Challenge Against Nurse Staffing Agency

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

On May 18, 2023, the United States Court of Appeals for the Sixth Circuit affirmed a U.S. district court’s decision to deny U.S. Nursing Corporation a new trial. The appellate court stated that the opposing counsel’s closing argument and the erroneous preclusion of evidence had no substantial effect on the trial’s outcome; thus there was no reversible error.

The First Lawsuit.

The original lawsuit filed in state court concerned a patient suing Appalachian Regional Healthcare, Inc., for exacerbating his spinal injury. He […]

By The Health Law Firm|2024-03-14T09:59:24-04:00July 31, 2023|Nursing Law Blog|

Florida Governor Signs New Controlled Substance Telemedicine Prescribing Law

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

On April 6, 2022, Florida’s Governor signed into law legislation to remove the state’s prior restrictions on telemedicine prescribing of controlled substances. The new law in Florida allows healthcare providers to prescribe many controlled substances via telemedicine.

Florida Senate Bill (SB) 312, signed into law, eliminates the prior ban that had existed prohibiting the prescription of Schedule II controlled drugs (with certain exceptions). Schedule II drugs can now be prescribed in Florida via telemedicine if the clinical situation meets one of four exceptions.

A Big Win For Patients Whose Treatment […]

By The Health Law Firm|2024-03-14T09:59:25-04:00July 20, 2023|Nursing Law Blog|

State Nursing Boards Delay Nursing Licenses Across the U.S. Even As COVID-19 Pandemic Continues

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

Staffing shortages at hospitals across the U.S. are worsening helped along by state boards and other licensing authorities taking months to process nursing licenses, a recent NPR survey claims. As a result, thousands of new nurses who want to help during the COVID-19 pandemic are reportedly getting sidelined by state bureaucratic red tape. Now, it’s resulted in a considerable backlog in nurses waiting for jobs.

State nursing boards are usually created and charged with safeguarding the public. But there are those who claim they have become an obstacle to ensuring public safety by preventing qualified […]

By The Health Law Firm|2024-03-14T09:59:26-04:00July 6, 2023|Nursing Law Blog|

Are You Applying for a Nursing or Health Professional License? Read Our Helpful Tips First!

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 professional license can be challenging and time-consuming. When seeking initial licensure or applying for a license in another state, you should be aware of delays in the application process due to the investigation of credentials and past practice, as well as the need to comply with licensing standards.

Here is a List of Examples That Would Delay Your Application:

• Disciplinary or academic actions during postgraduate training […]

By The Health Law Firm|2024-03-14T09:59:38-04:00June 2, 2021|Nursing Law Blog|

Psychologists and Health Professional License Applications: Do’s & Don’ts

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 medical or health professional license can be challenging and time-consuming. When seeking initial licensure or applying for a license in another state, you should be aware of delays in the application process due to the investigation of credentials and past practice, as well as the need to comply with licensing standards.

Here is a List of Examples That Would Delay Your Application:

• Disciplinary or academic actions during postgraduate training […]

By The Health Law Firm|2024-03-14T09:59:40-04:00April 30, 2021|Mental Health Law Blog|

Are You Applying for a Massage Therapist or Health Professional License? Follow Our 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 massage therapist or health professional license can be challenging and time-consuming. When seeking initial licensure or applying for a license in another state, you should be aware of delays in the application process due to the investigation of credentials and past practice, as well as the need to comply with licensing standards.

Here is a List of Examples That Would Delay Your Massage Therapy License Application:

• Disciplinary or academic […]

By The Health Law Firm|2024-03-14T09:59:45-04:00March 24, 2021|Massage Law Blog|

Are You Applying for a Medical or Health Professional License? Follow Our Helpful Tips

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

Here is a List of Examples That Would Delay Your Application:

• Disciplinary or academic actions during postgraduate training (probation, […]

By The Health Law Firm|2024-03-14T09:59:48-04:00March 1, 2021|Medical Education Law Blog|

Florida’s New E-Prescribing Law: How It May Affect You and Your Career

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
In 2019, Florida’s Governor Ron DeSantis signed House Bill 831 (2019), Electronic Prescribing, into law. The new bill provides important requirements for prescribers to generate and transmit all prescriptions electronically upon their license renewal or by July 1, 2021, whichever is earlier. The bill will go into effect on January 1, 2020.

Summary of New Law, HB 831.

The new law applies to any health care practitioner who is licensed by law to prescribe a medicinal drug. The law, HB 831 sets forth the following general rule for prescribing:

If you are licensed […]

By The Health Law Firm|2024-03-14T10:00:07-04:00December 9, 2019|Health Facilities Law Blog|

The Do’s and Don’ts When Applying for a Massage Therapist License

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 massage therapist license can be challenging and time consuming. When seeking initial licensure or applying for a license in another state, you should be aware of delays in the application process due to the investigation of credentials and past practice, as well as the need to comply with licensing standards.

The following are examples that would delay your application:

• Disciplinary or academic actions during postgraduate training (probation, suspension, remediation)
• Action by another state’s regulatory or licensing board
• […]

By The Health Law Firm|2024-03-14T10:00:24-04:00July 5, 2018|Massage Law Blog|

Drug Enforcement Administration (DEA) Agents May Surprise You at Florida Board of Pharmacy Meeting

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

At several recent Florida Board meetings, after hearings at which disciplinary cases were considered by the Board, Drug Enforcement Administration (DEA) agents approached the health professional. Even in instances where the pharmacist was represented by an attorney and the attorney was there, the DEA agents confronted the professional involved.

What Were the DEA Agents Trying to Do?

In the cases where The Health Law Firm’s attorneys were there representing clients, the professional received some type of discipline on his or her license. Some of these were Settlement Agreements. The DEA Agent approached the professional and urged […]

By The Health Law Firm|2024-03-14T10:01:42-04:00May 15, 2018|Pharmacy Law Blog|