Posted on February 15, 2019 in Pharmacy License Defense

If you are a healthcare provider that prescribes controlled substances, you are being monitored by the Drug Enforcement Administration (DEA). Due to the potential for illegal activity in the pharmacy business, DEA inspectors visit pharmacies to ensure that they are complying with all regulatory standards. If the DEA pays a visit to your pharmacy, it is important to react in a calm and professional manner. Still, a DEA investigation can lead to harsh punishments and even license revocation. If you are facing a DEA investigation, contact a license defense attorney that you can believe in.

Preparing for a DEA Visit

Due to the implementation of the Controlled Substances Act, the DEA is allowed to inspect a pharmacy, investigate the receiving and distribution of controlled substances, and even take substance samples. How you react to a DEA visit can make all the difference in ensuring that the investigation goes smoothly.

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 Posted on January 31, 2019 in Medical License Defense

When you make the decision to open up a physical therapy office, you are dedicating your life to facilitating the physical healing of injured patients. The decision to become a physical therapist is likely one that stems from a want to nurture and heal. Unfortunately, not all physical therapists have the same moral compass, and you can lose your physical therapy license if you hire someone that acts in a negligent manner. If the Illinois Department of Financial and Professional Regulation (IDFPR), begins investigating your practice, it is time to seek out quality legal assistance.

Common Forms of Employee Negligence

When hiring employees to work with you in your physical therapy practice, it is important to educate them on potential malpractice risks, while also spending extensive time looking into their background and previous work experience. Any form of negligent acts they commit while working for you could result in a loss of your professional license.

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 Posted on January 29, 2019 in Pharmacy License Defense

In light of the current opioid epidemic in the United States, state and federal governments – as well as state boards of pharmacy and medicine – have ramped up their investigations into suspected improper prescribing habits. In particular, the Drug Enforcement Administration (DEA) is aggressively reviewing prescription and medical records for pharmacists and physicians who hold DEA registrations.

Increasingly, these DEA registrants are reporting that DEA agents are appearing unannounced at their homes or businesses to interview the registrants and inspect the premises for evidence of wrongdoing. In most cases, the agents then ask the registrants to sign what’s called a 104 Form, whereby the registrant voluntarily surrenders his or her DEA registration. The agents assure the registrant that the surrender is temporary and that he/she can get his/her registration back “in a few weeks” as long as they cooperate with the investigation.

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 Posted on January 28, 2019 in Medical License Defense

First, you should contact an attorney, one that is knowledgeable in this area. Exclusion from the Office of Inspector General (“OIG”) is a serious matter for all healthcare professionals and healthcare providing entities like hospitals or surgical centers. Exclusion by the OIG can lead to exclusion from participation in Medicare or Medicaid. OIG exclusion can be done for many reasons, ranging from a conviction related to controlled substances, fraudulent billing for healthcare services not provided, or discipline by a healthcare regulatory board. Most exclusions are mandatorily implemented by the OIG. The duration of exclusion by the OIG can vary from three to seven years or longer. This can be a serious consequence for any healthcare provider. It means that the provider or entity cannot collect payments from Medicaid or Medicare for providing services to those beneficiaries. For most practicing healthcare professionals, Medicare and Medicaid patients make up to 50% of their practice or more, depending. 

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 Posted on January 11, 2019 in Dentist License Defense

Every single year, the Illinois Department of Financial and Professional Regulation (IDFPR), receive thousands of medical malpractice complaints. Health professionals throughout the state, have to adhere to the standards set by the IDFPR, and if they are unable to do so, could potentially lose their license. For dentists, medical malpractice complaints are much more common than they would like to admit. If you are facing a complaint or other licensing issue from the Illinois Dental Board (which operates as a branch of the IDFPR), it is time to seek out professional legal assistance.

Mistakes You Could Make

While the vast majority of Americans put complete trust in medical experts, all professionals are humans, and mistakes can occur in any occupation. For dentists, a medical error can come with costly ramifications. Below are some of the most common forms of medical malpractice in the field of dentistry.

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 Posted on December 28, 2018 in Professional License Defense

Here in the state of Illinois, nursing homes are regulated and monitored by the Illinois Department of Public Health (IDPH). The IDPH is responsible for disciplining nursing homes in which forms of reckless treatment or negligence has taken place. Even if just one of your employees has acted in a negligent manner, those actions alone could warrant an investigation. If your nursing home is under investigation, it is possible that you could be facing a severe form of disciplinary action, from the IDPH, and you should contact your legal team immediately. Understanding and communicating the most common forms of negligent nursing home behavior, to your staff members, could help you avoid an investigation.

Common Forms of Neglect

Approximately two million elderly Americans claim that they have faced some form of abuse from a caregiver. While nursing home neglect can come in various forms, and even the most minor complaints can lead to an investigation by the IDPH, understanding the most common forms of neglectful or abusive behavior can save you from a costly lawsuit.

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 Posted on December 14, 2018 in Psychologist/ Social Worker License Defense

Throughout the United States, thousands of people dedicate their lives to clinical psychology and social work. From psychological or mental health counseling to rehabilitation counseling, in the state of Illinois, these professionals are only able to operate within the state after receiving a certified license from the Illinois Department of Financial and Professional Regulation (IDFPR). If a psychologist or social worker is accused of some form of misconduct, it is likely that they could face some form of discipline or license revocation. If you face an investigation from the IDFPR, it is critically important to seek out legal guidance, as soon as possible.

Misconduct in Illinois

Every year, the IDFPR conducts thousands of investigations to look into cases of potential misconduct. Common forms of clinical psychology and social work misconduct, include:

• Sexual Harassment or Misconduct: According to recent studies, approximately 12% of all mental health professionals admit to having had some form of sexual contact with a patient. In all likelihood that number is much lower than the true percentage of sexual misconduct cases within various psychological professions. Even a consensual sexual relationship with a patient constitutes sexual misconduct and could result in an investigation.

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 Posted on November 30, 2018 in Medical License Defense

One of the worst things that can happen to a doctor professionally is to be sued for medical malpractice. Malpractice suits can mean years of meetings, document production, and stress. A money judgment in favor of the patient in rare cases will mean that you will be on the hook financially. You may believe that your reputation has been tarnished, and it is possible that your malpractice insurance premiums will rise, sometimes to the point of hardship.

One consequence that is unlikely to happen is that you will lose your medical license to practice following a malpractice lawsuit. A malpractice lawsuit is initiated by a patient who alleges they have been injured due to a doctor’s negligence.

On the other hand, the Medical Disciplinary Board's purpose is to consider allegations of misconduct or malfeasance by members of the medical professions and to recommend appropriate discipline. Medical Board matters begin with a complaint. Sometimes the complaint is made by patients, but colleagues, agencies and employees could also make such a complaint.

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 Posted on November 13, 2018 in Nursing License Defense

Nursing requires flexibility, empathy, and the ability to think on one’s feet. Nurses who are self-starters are often highly praised. However, these attributes are a double-edged sword and can result in a nurse’s license being placed in jeopardy due to the scope of practice violations.

A nurse’s scope of practice must always be adhered to, and failure to do so can mean that the board of nursing will get involved. It is never permissible to operate outside of your scope of practice even if it is customary on your floor or office or if you are certain that you can get a doctor will later approve your actions.

There are several categories of nurses: registered nurses (RNs), licensed practical/vocational nurses (LPN/VNs) and advanced practice registered nurses (APRNs). Each group has a scope of practice delineated under Illinois law.

For example, an RN’s scope of practice includes:

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 Posted on October 26, 2018 in Professional License Defense

Learning that you are being investigated for a breach of a code of conduct or regulatory rules can be unnerving. How people react to this information varies. At one end of the spectrum, people ignore the investigation. At the other end, people rush to defend themselves in any way, often by speaking with an investigator.

While it is important not to ignore the proceedings against you, we see many professionals make the mistake of speaking to investigators without the benefit of an attorney. Often these people believe that they can clear up confusion or nip allegations in the bud by being forthcoming.

Giving a statement to someone with a regulating agency such as an investigator, auditor, special agent or surveyor is almost always a mistake. These investigators will likely have done a lot of research before contacting you, and nothing you say at this juncture will put an end to the investigation.

Investigators can be very convincing in getting you to make a statement. They may show you a badge, not explain the seriousness of the matter or encourage you to tell your side of the story. The agenda of investigators is to gather as much information as he or she can to build the strongest case possible against you.

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