Pennsylvania License Defense Blog

Could a messy divorce endanger your nursing license?

Becoming a nurse requires a significant commitment to your career path. You need to pursue a degree and then pass state tests. You have to obtain a state license and then negotiate employment terms at a local hospital or medical practice. You will need to retain your nursing license for as long as you remain employed, which requires that you do your job well and also that you commit to continuing education.

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What is actual loss pursuant to USSG § 2B1.1(b)(1)(G)

In every federal criminal indictment, trial, and sentencing after a plea or conviction, a defendant’s fate is guided by the actual financial loss the criminal acts caused. In United States v. Banks, — F.4th —- (Nov. 30, 2022), Frederick Banks was convicted of fraud. At sentencing, the federal judge applied the USSG § 2B1.1(b)(1)(G)’s enhancement for the intended fraud loss, not actual loss, because there was no actual monetary loss. Banks appealed and on November 30, 2022, the 3d Circuit court of appeal reversed his sentence.

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Ruan and How the Courts and Prosecutors are Managing it

Translating this case into my client’s legal defense is easy.  Having handled many physician prescribing prosecutions, long-term physician patient relationships are easily documents through chart reviews.  Medically appropriate prescriptions can only be proven through clear charts, well documented and proper physical examinations, objective medical tests and diagnostic imaging.  Call me to discuss your case, your patient load, your prescribing history, any state or federal DEA investigatory subpoenas.  Lets talk about debarment, public or private health insurance audits and claw backs for care properly rendered and medically necessary.

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