Posted on May 17, 2023 in Medical License Defense

Originally published: August 25, 2021 -- Update: May 16, 2023

Update: In addition to the issues described below, nurse practitioners may need to be aware of how they may be affected by issues related to prescribing medications for patients. While nurse practitioners may have prescriptive authority, they will need to meet certain requirements. In some cases, nurse practitioners who prescribe controlled substances may face investigations by the Drug Enforcement Administration (DEA). Failure to follow the correct procedures could lead to a loss of a nurse practitioner's controlled substance registration, limiting their ability to prescribe drugs and also impacting their nursing license and other aspects of their career.

In general, nurse practitioners will be allowed to prescribe medications if they are given the authority to do so by a collaborating physician. This authority may extend to writing prescriptions for drugs that the Illinois Controlled Substances Act has grouped in Schedule II, III, IV, or V. However, the use of these drugs must be within the scope of the doctor's practice, and the nurse practitioner must have the necessary training to prescribe and dispense controlled substances appropriately. For Schedule II controlled substances, a nurse practitioner will be limited to prescribing a 30-day supply.

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 Posted on May 10, 2023 in Medical License Defense

Medical professionals are responsible for providing an expected quality of care for their patients. They must maintain a high level of professionalism in their practice, and that includes upholding ethical standards and following a code of conduct. Unfortunately, there are many instances of sexual misconduct that have been reported among medical professionals. Complaints of misconduct made by patients or other parties may lead the Illinois Medical Board to investigate a medical professional. The board may take disciplinary action such as suspending a person's medical license if it believes that these measures are appropriate. By understanding what constitutes sexual misconduct, doctors, nurses, or other providers can make sure they are avoiding this type of behavior, and they can take the correct steps to respond to complaints or investigations.

Sexual Assault and Unwanted Sexual Advances

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 Posted on April 26, 2023 in Medical License Defense

Healthcare providers have access to a wide range of medications for the purpose of treating patients. However, this access comes with the added responsibility of ensuring that drugs are not misused or abused. Doctors, nurses, pharmacists, and other medical professionals play a vital role in ensuring that controlled substances are prescribed and dispensed correctly. However, there are some situations where providers may be accused of allowing prescription drugs to be used for non-medical purposes. By understanding the situations where a person could potentially be accused of drug diversion, a provider can take steps to defend themselves and avoid the loss of a DEA registration or discipline to their medical license.

Common Types of Drug Diversion

Drug diversion generally involves the illegal distribution of controlled substances, allowing prescription medications to be used improperly or sold to others. Accusations of drug diversion may involve issues such as:

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 Posted on April 18, 2023 in Medical License Defense

As a chiropractor in Illinois, it is vital to follow the standards of professional conduct at all times. Violating these standards can lead to severe consequences that can affect a person's career and reputation. It is essential to understand what constitutes unprofessional conduct for chiropractors in Illinois and when a person's license may be suspended or revoked due to issues such as patient complaints and investigations by the Illinois Medical Board. Fortunately, with the help of an experienced professional license defense attorney, chiropractors can determine the best steps to take to avoid discipline or minimize consequences.

Potential Reasons for Chiropractor License Discipline

The Illinois Medical Board is responsible for issuing and renewing chiropractic licenses in the state, and it also investigates complaints and takes disciplinary action against chiropractors who violate rules and regulations. Under the Illinois Medical Practice Act, unprofessional conduct may include any actions that depart from the ethics of the chiropractic profession. Some examples of unprofessional conduct include fraud, deception, practicing outside the scope of one’s license or training, gross negligence when providing services to patients, sexual misconduct, substance abuse, and false advertising. Any violations of the standards that chiropractors are required to meet may result in complaints by patients or other parties.

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 Posted on April 11, 2023 in Medical License Defense

In Illinois, medical providers such as physicians, nurses, medical offices, and hospitals must adhere to strict ethical and legal standards in order to keep their licenses and ensure that they can continue to provide quality care to their patients. There are a variety of situations where state and federal government organizations may investigate a provider based on patient complaints or allegations of abuse or fraud. These investigations are often performed by the Office of Inspector General (OIG), and the state or federal OIG may decide to exclude a medical provider from participating in Medicare, Medicaid, and other federally funded healthcare programs. By understanding the possible reasons for an exclusion, providers who are facing investigations can take the necessary steps to defend their licenses and avoid disciplinary action that could affect their ability to continue practicing.

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 Posted on March 23, 2023 in DEA Raid

Pharmacists are responsible for ensuring that medications are dispensed safely and appropriately. When pharmacies dispense controlled substances to patients, they may face scrutiny by the Drug Enforcement Administration (DEA). If the DEA believes that a pharmacy has engaged in drug diversion, it may perform an investigation, or DEA agents and other law enforcement officials may even conduct a raid of a pharmacy in order to uncover evidence of wrongdoing. In these situations, pharmacists may be unsure about the steps they can take to protect themselves, their rights, and their businesses. By understanding what to do before, during, and after a DEA raid, pharmacists can take steps to avoid serious consequences that could affect their DEA registration, their pharmacy licenses, and their ability to continue operating.

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 Posted on March 09, 2023 in Medical License Defense

The legalization of medical marijuana in Illinois has been a huge boon to patients seeking relief from various ailments. However, there are certain licensing requirements that must be fulfilled before any person is allowed to legally purchase and use cannabis. Doctors, nurses, or other medical providers who prescribe medical marijuana will need to be sure to abide by all applicable laws and regulations. Failure to do so could not only affect their ability to prescribe the necessary medications to patients, but it could even result in discipline to a medical license or other consequences.

Illinois Medical Cannabis Law

Under the Compassionate Use of Medical Cannabis Program Act, individuals looking to purchase medical marijuana must obtain a valid medical cannabis registry identification card from the Illinois Department of Public Health. This card will be issued only after an individual has satisfied all of the requirements set forth by the law and has provided the necessary documentation—including a valid driver's license or state ID card—to prove their identity. It should also be noted that patients who are under the age of 18 may still qualify for a medical cannabis card if they have consent from a parent or legal guardian.

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 Posted on February 22, 2023 in Medical License Defense

The United States is a notoriously litigious society, and despite the crucial work that doctors, nurses, pharmacists, and other healthcare workers do, they are at constant risk of lawsuits and investigations. The Illinois Department of Financial and Professional Regulation is frequently involved in these cases and their investigations can be ruthless and invasive. Those being investigated are frequently left wondering if they will have to defend themselves against baseless allegations with only their own testimony to assist them. Fortunately, expert witnesses may be able to help. Attorney Joseph Bogdan regularly serves as an expert witness for pharmacists being investigated by IDFPR, and can serve as a witness for a variety of other medical professionals as well. If you are being investigated, do not take chances with your professional license and reputation. Read on to learn more.

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 Posted on February 16, 2023 in Medical License Defense

Few things can arrive in the mail that physicians and other healthcare providers dread more than a letter announcing an insurance audit. Whether this is from a private health insurance company or Medicaid/Medicare, audits mean a lot of paperwork, deadlines, and other bureaucratic complexities are in the future. Even a physician who believes herself to be in full compliance with proper billing procedures may be surprised to find that mistakes have been made - and if there are enough mistakes, that there could be serious professional consequences. Having the help of an Illinois professional license defense attorney can make all the difference in the outcome of an audit case, so do not wait to secure legal representation if you are going to be audited.

Be Prepared - Tips For Protecting Yourself in an Audit

Because of the significant risk of being audited, and the potentially harsh consequences associated with inconsistent or fraudulent insurance records, the Physicians Advocacy Institute has recommendations for doctors and other medical practitioners to protect themselves in an audit. These include:

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 Posted on February 08, 2023 in Medical License Defense

Medical and pharmacy school are long, grueling, expensive processes. Over many years, students are expected to perform under tight deadlines, enormous pressure, and very little sleep. While many students can handle this without serious problems, others may struggle personally or with aspects of the medical education system that can leave them facing student remediation.

The prospect of facing remediation can be scary and confusing, and it can be difficult to know what to expect. It can also be difficult to know how much you should advocate for yourself versus leaving the process to the judgment of the remediation panel and simply hoping for the best. If you are in the process of obtaining a medical or pharmaceutical education and facing remediative action, get help from a medical and pharmaceutical student remediation defense lawyer.

Why Do Medical Students Face Remediation?

A student may end up in the remediation process for a number of reasons. These include:

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