Intrusive, expensive, and time consuming audits. Lets talk really about what these audits are.
US Supreme Court Holds: Doctors prosecuted incorrectly for authorized dispensing of authorized prescriptions
In Summary, the court concludes that §841’s “knowingly or intentionally” mens rea applies to the “except as authorized” clause. This means that in a §841 prosecution in which a defendant meets his burden of production under §885, the Government must prove beyond a reasonable doubt that the defendant knowingly or intentionally acted in an unauthorized manner.
What are the implications of a relationship with a patient?
As a physician, you have a professional relationship with your patients. However, feelings can arise on either side that threaten to make the relationship less professional. Sexual or romantic interactions with patients are unethical and may be grounds for medical...
Can sleeplessness jeopardize your license?
Even people who are not in the medical field know the stereotypes about sleep that come with it. Hospitals seem constantly understaffed. Nurses and doctors seem overworked, with many working shifts well over eight hours at a time. Unfortunately, the sleepless life of...
Immediate Temporary Suspensions of Medical Licenses — Fight Every One
Pennsylvania physicians, pharmacists and nurses currently practice in an extreme enforcement environment. Every medical professional charged with a criminal offense could face severe license discipline. One out of four (25%) of Pennsylvania’s health care related...
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On June 24 2020, the General Assembly enacted Senate Bill 637 which reforms occupational licensing by getting rid of outdated criminal record restrictions for the professions and occupations which are regulated by boards and commissions within the Bureau of...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...
Pennsylvania Licensing Boards Consensually Converting In-Person Hearings to Video Hearings
The decision to allow a licensing board hearing to be conducted via video versus in person is the licensee’s. I strongly object. Both time and in person presentations of witnesses and evidence make for a much better defense of a license in a professional disciplinary case. Call me to discuss.
PHMP — Covid-19 Emergency RecoveryTrek Procedures
NEW Pennsylvania health care monitoring – PHMP drug testing procedures during Covid-19 Emergency
Is it Time to Terminate your PHMP Contract ? — End The Torture
I represent health care professionals in Pennsylvania’s health care monitoring program called teh PHMP, PNAP, SARPH, PHP. Some are int he program voluntarily. Some are forced. Some of my clients’ contracts have been extended from 3 to 5 to 7 years in either PNAP, SARPH, or the PHP for a minor, singular violations of their Consent Agreement or Board Order. Some of these extensions are forced or voluntarily entered. Call me.