The Pennsylvania Rules of Evidence, promulgated rules and case law interpreting those rules, apply to administrative proceedings. An experienced trial attorney should utilize civil and criminal trial evidentiary rulings discussing the rules to their client's advantage...
Year: 2016
Opioid Addiction and the Pharmacist or Doctor’s New Legal Responsibility
Two New York Times headlines affirm the federal and state government responses to pharmacists and medical practitioners' complicity in the national opioid epidemic. C.D.C. Painkiller Guidelines Aim to Reduce Addiction Risk and The End of Prescriptions as We...
Drug Act Convictions and Automatic Suspensions
Pennsylvania's licensing boards have become very proactive in learning of professional's criminal convictions for violating Pennsylvania Drug and Cosmetic Act - 35 P.S. § 780–113 (a). Once learned, licensing board prosecutors aggressively file petitions for...
Criminal Charges – Nursing Board Petitions for Mental and Physical Evaluations – Remaining Silent
Effective October 2015 Pennsylvania nurses became responsible for reporting to the State Board of Nursing any criminal arrest/charge (not just conviction). The practical impact of this new reporting regulation is now being felt.Typically, criminal charges lodged...
PHMP’s NEW TRICK – License Inactive Documents
Pennsylvania’s monitoring program, PHMP has instituted a new trick in their playbook. Now, with every PHMP questionnaire and data sheet, PHMP/PNAP caseworkers are including a voluntary license inactivation document. WHAT IS THIS? DON’T SIGN IT.This a new...
Lawyers, Fee Agreements, & Arbitration Clauses — A Conflict of Interest
Recently, there has been noteworthy news coverage of corporations compelling consumer disputes be resolved in private arbitration, not the public court systems. This accomplished by including in consumer contracts waivers of constitutional rights to a jury trial...
Lawyers, Fee Agreements, & Arbitration Clauses — A Conflict of Interest
Recently, there has been noteworthy news coverage of corporations compelling consumer disputes be resolved in private arbitration, not the public court systems. This accomplished by including in consumer contracts waivers of constitutional rights to a jury trial...
Social Mediand Health Care Employers
The expanding nature of my professional licensing, administrative law practice requires me to evaluate all forms of social mediand my use of texting and email. I affirmatively chose to not engage in group texts, emails, Facebook, Snapchat, and/or...
Criminal Contact and the Licensee’s Mandatory Reporting Responsibility
Every day brings new licensing reporting requirements that affect each licensee's renewal responsibilities. I reported in October 2015 of the Pennsylvania Nursing Board’s new mandatory reporting of just an arrest, not a conviction, for any misdemeanor or...