If you are a licensed professional, such as a doctor or nurse, there is a lot more at stake than your freedom if you are charged with a criminal offense. Your career, reputation and livelihood may also be on the line. Depending on the nature of your offenses, a...
Year: 2022
State lawmakers consider giving nurse practitioners more autonomy
Increasingly, state legislatures and nursing boards across the country are weighing the possibility of giving nurse practitioners (NPs) the authority to treat patients without the oversight (at least on paper) of a physician. According to the American Association of...
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.
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.
How crimes of moral turpitude could affect a professional license
There is no one way of defining crimes of moral turpitude. Crimes involving offensive acts that are vile and depraved, that go against societal norms and the duty owed to others and are shocking to a reasonable person may come close to a definition. Generally...
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.
3 causes of a professional license suspension
Getting where you are today wasn’t easy. You likely spent countless hours honing your skills to work in your profession of interest. All of that work can quickly go out the door in a matter of seconds. Medical practitioners, professors, contractors and counselors all...
The difference between a misdiagnosis and a missed diagnosis
If someone said to you right now that they were a victim of misdiagnosis, you may never know if they truly said “misdiagnosis” or said the very similar term “missed diagnosis”. When spoken orally, misdiagnosis and missed diagnosis seem like the same exact term, but in...
How to fight against false allegations made to the nursing board
Someone can make false allegations against you to the nursing board. If this happens, and you are released from your position or even lose your license, you may wonder what options you have. The first step in the process is to report the false allegations on the...
What is overprescribing?
With controlled substances and medications that you can’t buy over-the-counter, doctors have to prescribe that medicine first. Once you get the prescription, you’re then allowed to take it to a pharmacy, where that prescription will be filled. But getting the...