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 accurately income amounts to qualify for child and other state Medicare/ Medicaid benefits.
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 in which they work. Travel nurses, agency nurses, locum tenens physicians, early morning surgeons, real estate sales agents, civil engineers, and last but not least pharmacists all need their drivers.
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 courthouses. Today I had the pleasure handling a medical professional's criminal matter in the Luzerne County Court of Common Pleas.
I spend a majority of my time helping medical professionals secure and keep their professional license. Recently, a physician contacted me to discuss his group practice employment contract and his hospitalist job. Reviewing his employment contract enlightened me on numerous ways a single licensing issue can impact medical professionals' employment and future employability.
PNAP case managers routinely contact nurses whom they think are impaired. Self reporting, DUI - ARD or convictions, or workplace complaints are the typical trigger. The goal is to secure PNAP/PHMP enrollment.
Advanced Roadside Impaired Driving Enforcement (A.R.I.D.E.) is the forefront of drunk driving enforcement in the age of legal and medical marijuana. State Troopers are trained to identify impaired drivers by substances other than alcohol. These officers receive training on Standard Field Sobriety ("FST") and other field tests, and eye tests involving the convergence, pupil size, and reaction to light as well as methods of determining ingestion of the substance and classification of drugs (illegal and legal) by the type of impairment.
Pennsylvania's Medical Marijuana Act sets forth a very specific administrative appeal process addressing prescribers and card holders subjected to a disciplinary action. Within the Department of Health, Department Office of Medical Marijuana, violations of the Act shall be prosecuted by the Office of Legal Counsel. Evidentiary rules and administrative practice will be governed by the General Rules of Administrative Practice and Procedure. ("GRAPP")
An administrative appeal of any department action affecting your medical marijuana card or license to prescribe must be taken in writing within 30 days after the individual or person to whom the action of the offices directs or issues a notice of the action. An untimely appeal will be deemed an admission of the violation of the Act and may result in dismissal of any late appeal with prejudice. 28 Pa.Code § 1249.39.
Failure to answer a disciplinary action in a formal proceedings will result in a default judgment being entered and the allow the Department of Health to refuse to grant a late hearing request. All documents must be filed in writing with the clerk, with the license or permit number, as well as the identity of an individual filing the petition and their mailing address. Failure to comply with these simple pleading requirements may result in the Department rejecting any filing.
A party shall be represented by an attorney at all stages of the proceedings. A party includes a corporation. The attorney must be in good standing and admitted to practice before the Pennsylvania Supreme Court or upon motion having been admitted in another jurisdiction and admitted in Pennsylvnaia pro hac vice.Proper pleading practice includes filing formal answer within 30 days of receipt of the order to show cause, including legal objections and any denial of facts averred in the original order to show cause. Affirmative defenses, admissions or denials must be stated clearly and concisely. Please call me to discuss your medical marijuanna card and any displinary action you may face.
Many professionals consume alcohol in a moderate and temperate manner. Reasonable, social alcohol consumption that results in a driving under the influence criminal charge is an unfortunate event. The criminal consequence and interactions with the justice system are necessary impediments to excessive drinking.