If a prescription is issued but fails to satisfy those standards to prescription, it is not valid under 21 USC § 842(a)(1), 21 USC § 829(a). These violations provide for a civil penalty under 21 USC § 842C1A of not more than $25,000 per prescription or no more than a total of $64,820 for all violations after November 2, 2015. The physician was also notified that if Medicare paid for any of the prescriptions under a federal healthcare program, the physician was subject to False Claims Act triple damages under 31 USC § 3729.
Blog
USMLE — Irregular Behavior
Irregular behavior and the medical school CS step examination.
CHRIA — Criminal Convictions, Expungments, License Applications
The Pennsylvania's Criminal History Record Information Act (CHRIA) 18 Pa.C.S.A. § 9124 controls how public and private entities use Pennsylvania criminal arrest and conviction records. CHRIA controls how potential employers and Pennsylvania's licensing boards may...
Drug Possession, Disorderly Conduct, Crimes of Moral Turpitude… Commonwealth Court Speaks Up
Today the Commonwealth Court issues another remarkable decision involving a Pennsylvania medical professional. Dunagan v. BPOA, 2019 WL 155879, is the third case in a row in which a Commonwealth Court panel has found a Pennsylvania medical related board engaged...
What is a Petition for Appropriate Relief
A Petition for Appropriate Relief ("PAR") is a licensing board prosecution motion, presented to a licensing board committee, alleging an emergent need to suspend a licensee's license. PARs target licensees currently on PHMP disciplinary probation, whether a voluntary...
Marijuana Impaired Drivers — The DRE Revisited — Costs
In recent weeks, the New Jersey Legislature has identified cannabis-impaired drivers, which will require training hundreds of new Drug Recognition Experts -- as a cost that is potentially crippling to smaller municipalities. Several New Jersey Municipal Court...
Felony Fraud, a Criminal Conviction, and License Revocation
Artifice and fraud schemes are rampant in healthcare and insurance. Typical insurance fraud criminal charges will result in licensee disciplinary action. By typical I mean submitting claims for unemployment benefits while working another job or failing to report...
A DUI — The Medical Professional — and A Ignition Interlock License
A DUI related driver's license suspension is a major issue for all productive members of society. We need to drive to work, be a parent, and simply live a normal life. My health care clients are acutely aware of this issue due to the medical employment circumstances...
Luzerne County Courthouse -Travel Blog
I represent medical professionals in their criminal and civil professional license disciplinary case. The criminal court hearings occur all over the Commonwealth Pennsylvania. I really enjoy this travel aspect of my practice, allowing me to visit a variety of county...
NJ’s Medical Marijuana Law – The Medical Practitioner
Pennsylvania's Medical Marijuana Act ("MMA") details in excruciating detail the prescribing limits placed on physicians. New Jersey's MMA differs from Pennsylvania at the outset by not limiting prescribers to physicians. Any medical professional with DEA prescribing...