Click the link inside the opinion to read the judge’s full opinion on the factual allegations versus the factual record. If your attorney represents you like this, get a new attorney.
Facts Always Matter
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Professional License Application
DO NOT CALL IN A PRESCRIPTION IF YOU ARE NOT A PHYSICIAN
Samrat Mukherjee, a paramedic, admitted to posing as a physician and fabricating credentials, including a fake medical degree and residency match letter. He then called in prescriptions to pharmacies for himself and others. Using the identities of two physicians, for...
A Licensed Clinical Social Worker that claims he is a Doctor– William J Heran ….. Be Careful.
I often write about Pennsylvania's PHP and Pennsylvania's health care boards; impairment investigations that start after a DUI, a positive pre-employment drug test, or an accusation of being drunk at work. The new PHP and the PHMP have ratcheted up their enforcement,...
New PNAP — Work Place Restrictions
“The licensee shall not work in any practice setting without workplace monitoring. The constant physical presence of the monitor/supervisor is not required. However, workplace monitoring requires that the monitor/supervisor be always readily available and accessible to the licensee via communication device. If you have any questions regarding this change, please contact your PNAP case manager for clarification.”
Hark and Hark successfully appeal a medical license denial
A recent appeal case we won shows you always have a chance if a licensing board attempts to stop you from practicing your profession. The case involved a physician denied a license to practice in Philadelphia over a conviction for conspiracy to possess and distribute...
The PHMP – VRP, for SARPH, PNAP, PHP — a refresher….a must read.
The VRP terms and conditions are based upon licensees admitting to an addiction or impairment. Any licensee who agrees to the terms of this pre-Board ordered program without clearly understanding what they are doing risks their entire career.
Medical Marijuana, Health-Care students, NO Reasonable Accommodation
I write extensively about medical marijuana and health care related employment. https://www.phila-criminal-lawyer.com/medical-marijuana/I write extensively about Pennsylvania’s Medical Marijuana Act and issues associated with securing a Medical Marijuana Card in...
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...
PA Wage and Collection Law, Covid 19 and Nurses Working Excessive Hours
A long-term client called me today, and related the following story: Before Covid, she worked an average of three, 8 hour shifts for 24 hours. After Covid, she worked five or six, 12 hour shifts, routinely working 55 or 60 hours a week. However, her nursing home employer was still only paying her 24 hours a week.
This is illegal. Pennsylvania’s Wage Payment and Collection Law gives powers and duties to every employee for the civil collection of wages. Pennsylvania Wage Payment and Collection Law provides for civil and criminal penalties including 10% and 25% escalating penalties for employers who fail to properly pay wages absent any good faith dispute.
