Firm News

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. 

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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...

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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On June 24 2020, the General Assembly enacted Senate Bill 637 which reforms occupational licensing by getting rid of outdated criminal record restrictions for the professions and occupations which are regulated by boards and commissions within the Bureau of...

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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...

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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.

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