...
PA Constitution Requires a Warrant Before Police Search Your Car. Commonwealth v. Alexander December 22, 2020 (Merry Christmas)
Pennsylvania’s constitutional protections of its citizens has always been greater than the federal constitution. Pennsylvania’s Supreme Court cases discussing the legality of a warrantless car searches reveal this fact. On December 22, 2020 Pennsylvania Supreme...The PHMP – VRP, for SARPH, PNAP, PHP — a refresher….a must read.
My health care clients are professionals under investigation for DUI, work-place narcotic diversion, or any other criminal or Drug Act violations. The filing of a criminal complaint or licensing board investigation of an impairment allegation triggers a referral to...Pennsylvania’s Updated Use of Prior Criminal Records In Licensing Decisions
On June 24 2020, the General Assembly enacted Senate Bill 637 which reforms occupational licensing by getting rid of outdated criminal record restrictions for the professions and occupations which are regulated by boards and commissions within the Bureau of...DUI ARD, Prior Offense, Sentencing Enhancement, Repeat Offender
Recidivist sentencing enhancement statutes continue to be declared unconstitutional based upon relatively recent US Supreme Court cases. In 2000 the U.S. Supreme Court decided State v. Apprendi. There the Court states a criminal sentence must be based upon facts the...Is it Time to Terminate your PHMP Contract ? — End The Torture
I represent health care workers in Pennsylvania’s health care professional monitoring program. Some are voluntarily in the program. Some are forced. Some of my clients’ contracts have been extended from 3 to 5 to 7 years in either PNAP, SARPH, or PHP...Extended Pa Court Closures
PA Supreme Court Extends Judicial Emergency – All Courts Closed to Public Through April 30 The Pennsylvania Supreme Court has directed that the general, statewide judicial emergency declared in March is extended through April 30, 2020, and all Pennsylvania...Notice of a Federal Criminal Investigation into a Medical Practice
A federal criminal target letter from a local United States Attorney notifies a potential defendant that they are the “target of” an FBI, DEA, or other governmental agency criminal investigation. Target letters say “you are the target” and place the...Pennsylvania’s New Opioid Treatment Agreement Law
On Nov. 27, 2019 Pennsylvania Governor Tom Wolf sign into law Act 112 of 2019. This is Pennsylvania’s Opioid Treatment Agreement Law. It took immediate effect. The law requires prescribers to enter into an opioid patient treatment agreement before issuing the...Federal and State Laws Regarding Prescription Fraud
Some of my blogs are extremely dense. This and the next several blogs focus on the intersection of federal and state criminal statutes and regulations concerning illegally written prescriptions and the potential criminal consequences. Federal criminal statutes are...
