Since the legalization of marijuana in Illinois, numerous businesses have opened that are involved in the cultivation, distribution, and sale of cannabis products, including medical marijuana. While this has created opportunities for many business owners, the new laws also involve a number of strict requirements that must be followed. One issue that owners of medical marijuana dispensaries may encounter involves the requirements for providing training for employees, managers, and agents of an organization. Proper training is not only essential for meeting licensing requirements, but it also plays a crucial role in maintaining a safe and responsible business. Dispensary owners will need to understand the requirements of Responsible Vendor Program training for employees, as well as the additional training requirements that will apply for Principal Officers and agents.

Responsible Vendor Program Training for Employees

The Responsible Vendor Program (RVP) is meant to ensure that all employees understand their roles and responsibilities concerning the sale and use of medical marijuana. This training must be provided to all employees who have direct involvement with the handling or dispensing of medical cannabis products. Two hours of instruction must be provided on an annual basis, and it must cover the following topics:

• Health and safety issues related to cannabis - Training should detail the physical and mental effects of cannabis use. Trainees should be able to recognize the signs of impairment by marijuana users, and they should understand how to respond in situations involving overconsumption of cannabis.

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Insurance fraud is a serious issue in the healthcare industry, and allegations of fraudulent activity can have significant consequences for medical professionals. In addition to facing legal penalties, physicians who are found guilty of insurance fraud may face disciplinary action from the Illinois Medical Board. They could also lose their provider status with Medicare/Medicaid, limiting their ability to provide services to certain patients, and multiple other aspects of their practice could be affected. By understanding the forms of insurance fraud that could lead to medical license discipline, a doctor and other medical providers can respond to allegations that they have committed fraud and determine how to avoid the loss of their license.

Common Forms of Insurance Fraud

Some physicians or other medical providers may be investigated for healthcare fraud by agencies such as the Department of Health and Human Services (HHS) or the state or federal Office of the Inspector General. An investigation by these agencies or other officials can have multiple types of consequences, and in addition to issues that may affect their license and their career, a person could potentially face criminal charges for fraud at the state or federal level.

Some common types of activities that could lead to charges of insurance fraud include:

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.

There are a variety of issues that could lead to DEA investigations and issues that could affect a nurse practitioner's license to prescribe controlled substances. Accusations of drug diversion may be related to prescriptions that may have been written for reasons other than valid medical purposes, prescriptions that were issued without fully examining a patient, or failure to properly monitor patients and address signs of drug abuse. If the DEA takes action to suspend or revoke a controlled substance registration, this could also lead to discipline to a nurse practitioner's license, as well as other consequences that may affect their practice.

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

Sexual assault is one of the most serious offenses that a medical provider can commit, and accusations that a doctor or other professional engaged in sexual behavior with a patient without their consent can result in the loss of a medical license. If a medical professional makes unwanted sexual advances toward a patient, that may be considered sexual misconduct. Accusations of sexual assault or related offenses may also involve claims that a provider touched a patient inappropriately, made sexual comments, or otherwise took advantage of a patient sexually.

Inappropriate Sexual Relationships with Patients

A sexual relationship between a medical professional and a patient raises significant ethical questions. The position held by a medical professional can create a power imbalance in the relationship, making it difficult for a patient to give informed consent to medical treatments. It is considered inappropriate and unethical to engage in any romantic or sexual relationship with a patient, even if the patient initiates the relationship. To prevent patient complaints and potential discipline, it is essential for providers to maintain professional boundaries and avoid any behavior that could be perceived as inappropriate.

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:

• Theft of drugs or prescription pads - Some of the most obvious forms of drug diversion involve the theft of prescription medications. Drugs that are not secured or monitored properly in a medical office or pharmacy may be stolen. In some cases, medical professionals who struggle with drug abuse may take drugs to use themselves. In others, poor security practices may allow staff members or others to steal medications. Patients, staff members, or other parties who steal prescription pads may use them to write false prescriptions and obtain controlled substances.

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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.

If a complaint is filed against a chiropractor for unprofessional conduct, the state medical board will investigate the matter and determine whether the chiropractor’s actions violated the standards of the profession. A disciplinary hearing may then be held to determine whether violations occurred and whether a chiropractor should be disciplined. Depending on the severity of the offense, the board may issue a warning or fine, place a person on probation, or suspend or revoke the chiropractor’s license. In cases of sexual misconduct, substance abuse, or other serious violations, the board may also require the chiropractor to complete special training, counseling, or rehabilitation programs before allowing them to practice again.

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.

Federal OIG Exclusions

The federal Office of Inspector General is part of the Department of Health and Human Services (HHS), and it may investigate both individual medical providers and organizations to determine whether they should be excluded from participating in federally-funded healthcare programs. HHS maintains a List of Excluded Individuals/Entities (LEIE), and organizations that hire individuals or work with entities on this list may be subject to civil monetary penalties (CMPs). An individual or entity that is excluded by the OIG cannot receive payments from federal healthcare plans or programs for medical services or products.

There are two types of exclusions that may be put in place by the federal OIG:

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.

Steps to Take Before a DEA Raid Occurs

One of the best ways pharmacists can protect themselves is to understand their rights beforehand and ensure that they are following the correct procedures. Pharmacists should familiarize themselves with relevant laws related to controlled substances, as well as state pharmacy board regulations. It is also important to maintain proper records and follow procedures to prevent the misuse of controlled substances. Detailed inventories should be performed, including keeping records of expired medications. Pharmacists should also watch for signs of illicit prescriptions, such as forged prescriptions, prescriptions issued for medically unnecessary purposes, patients who pay in cash or travel long distances to fill prescriptions, or failure to follow prescription drug monitoring programs (PDMPs).

The medical field is a complex ecosystem of specialties, skills, and hierarchies. One aspect of this is the concept of hospital privileges - the permission granted to a medical practitioner to provide patient care within a hospital setting. These privileges are essential to many practicing physicians, and they are an integral component of providing high-quality patient care. However, just as hospital privileges can benefit a medical professional, they can also be lost under certain circumstances. Medical professionals must be aware of the factors that can lead to the loss of hospital privileges, as this can have serious implications for a person's career. Some of the most common reasons why professionals may lose their privileges include:

Disruptive Behavior and Unprofessional Conduct

The medical field holds its practitioners to high ethical standards, and any behavior that strays from these expectations can result in the revocation of hospital privileges. This can range from using inappropriate or offensive language to aggressive actions that create hostile environments. Disruptive behavior not only affects the morale of the workforce, but it can also compromise patient safety and care. To avoid putting themselves at risk, providers should strive to maintain high professional standards, effectively communicate with peers, and demonstrate a strong commitment to teamwork.

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.

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.

What Does an Expert Witness in an IDFPR Investigation Do?

Expert witnesses in court cases of any kind review the evidence in the case and provide a professional opinion intended to support the perspective of the defendant. In an IDFPR investigation, an IDFPR prosecutor will pursue a complaint against a medical provider on behalf of IDFPR before an administrative judge. A discovery period will follow that can include witnesses that testify as to the facts of the case, as well as expert witnesses that provide their informed opinion.

After the discovery period, the investigation moves forward to an evidentiary hearing, where expert witnesses can be called on and questioned about the case. The IDFPR will have attorneys and expert witnesses of its own, and is responsible for proving any alleged violations by a preponderance of evidence. Expert witnesses may testify on behalf of the defendant in many areas, including their compliance with insurance protocols, hospital privileges, medical standards of care, prescription dispensing practices, and more.

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:

• Assessing your practice’s risk of being subjected to an audit before you are ever notified of one
• Evaluating your practice’s compliance with billing procedures
• Ensure that either yourself or a designated team member are equipped to respond appropriately to requests for documentation
• If you are audited, determine the type of audit right away (commercial insurance, Medicare insurance, etc.)
• Conduct your own assessment of the practices or records being audited
• Comport yourself professionally by meeting deadlines, being cooperative, and asking for extensions well ahead of time
• Be prepared to file an appeal if you disagree with the audit’s results

Audits are most often conducted on physicians or practices that appear to be deviating from the habits of their peers in the same field; this could be due to deliberate fraud or mistaken billing errors, among other reasons. Whatever the reason, you risk facing professional penalties if you are found to be out of compliance.

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:

Even after all the effort that doctors, nurses, physician’s assistants, and therapists put into getting educated, credentialed, and approved to practice, they face ongoing hurdles to maintain their ability to practice the healing arts. One of these hurdles is the requirement to maintain continuing education requirements. As the body of research from every field grows and expands, our knowledge about every area of professional practice has the potential to grow and expand accordingly; therefore, licensed medical practitioners of all kinds are required to continue learning about their field.

Licensed professionals are required to self-report how they are meeting their continuing education requirements; for example, every three years, physicians have to attest to having completed 150 hours of continuing medical education credits before renewing their licenses.

However, from time to time professional licensing boards will randomly choose individuals to audit for a complete verification of the ongoing education. If an audited individual has not truly completed the continuing education or has not kept good records of their compliance, their ability to practice their trade may be compromised.

Getting a nursing license is a major accomplishment; not only does a prospective nurse have to go through years of school, but she must also pass extremely challenging tests and then apply for a license in the state in which she wishes to practice. Unfortunately, even if a student has excellent grades and performs well on the board examinations, she may be surprised to find her nursing license has been denied anyway. If you are in this situation, read on to learn why a nursing license may be denied and how you can get help from a professional license defense attorney.

Prior Convictions

Certain crimes can allow IDFPR to deny an applicant’s license. While disclosed crimes rarely cause this, if the board finds out about an undisclosed crime, they can and will bar someone from getting their license until there is a satisfactory explanation. In a worst case scenario, they may see the lack of disclosure as an attempt to defraud the licensing board rather than an honest mistake. However, certain crimes are an automatic bar from getting a nursing license, including crimes that require registration as a sex offender and certain crimes against children or patients. It is important to have help with the appeals process so you have the best chance of presenting a good explanation for any disclosure mistakes.

Out-of-State Disciplinary Issues

If you recently moved to Illinois after having your license sanctioned in another state, the IDFPR may deny your license application in Illinois. Because your license applications are processed using your fingerprints and other personal data, the IDFPR has access to an extensive amount of information about your criminal and personal history. Criminal behavior or license disciplinary issues in other states may appear in a background search and prevent you from getting your current nursing license approved.

Getting a real estate license in Illinois is no easy feat. In addition to licensing courses, exams, and completing training with a sponsoring broker, there is endless ongoing research into market trends, local housing prices, and government regulations. The threat of losing one’s real estate license because of a criminal conviction or for any other reason could mean years of hard work and personal investment gone to waste. If you are facing sanctions to your professional real estate license, make sure you speak with an Illinois professional license defense attorney right away.

Crimes That Can Trigger Real Estate License Sanctions

Many crimes are serious enough to allow sanctions against a real estate license, and some may even prevent someone from getting their license in the first place. Although the crimes are not limited to those related to real estate, crimes that are connected to real estate in any way are top of the list. These include, but are not limited to:

• Financial crimes, such as embezzlement, extortion, conspiracy to defraud, failing to pay state taxes, or robbery
• Fraudulent crimes, such as forgery, identity theft, writing bad checks, or bank fraud

However, other crimes can land you in serious trouble as well. These include arson, rape, theft, assault, perjury, and more. If you are facing criminal charges, it is important to have a competent criminal defense attorney as well as a professional license defense attorney.

Several American nurses lost their jobs recently after they posted a video on social media describing the things they dislike about their jobs in labor and delivery. Even after the original posting was deleted, the video continued to make its way around the internet, leaving the nurses who originally posted it with no way to take it back or to get their faces out of the news.

This incident highlights the pitfalls of social media use for healthcare professionals, who, while certainly being entitled to their opinions about their job and patients, are at a heightened risk of professional sanctions for sharing those opinions publicly. Experts who advise healthcare professionals on how to use social media wisely have several tips for avoiding behaviors that could potentially open one up to criticism and even professional disciplinary measures.

Maintain Patient Privacy

This may seem like a no-brainer, but many professionals inadvertently give out private patient information on social media by discussing specific cases without adequately protecting the patient’s anonymity. In addition to ensuring you never violate HIPAA laws, even the people you work with should be unable to identify certain patients from your social media discussions. The more people talk openly about a specific case, the more likely it is the patient will be identified.

Dentists spend many years and hundreds of thousands of dollars to learn the skill of dentistry. When taking into account the bureaucratic labor and fees, office and equipment financing, and staffing costs associated with setting up a practice, dental professionals have often invested enormous amounts of time and money by the time they are actually practicing on patients.

Unfortunately, this investment does not protect dentists from accusations of misconduct. Even when such accusations are entirely unfounded, dentists may face an uphill battle defending themselves from allegations of fraud, abuse, or other inappropriate behaviors. If you know or are worried that you may be facing an investigation for allegations against you, your hard work deserves to be protected by an excellent professional license defense attorney.

What Kind of Behaviors Can Cause a Dentist to be Investigated?

Every state has a board responsible for overseeing and regulating dentists. In Illinois, the Illinois State Board of Dentistry and the Department of Financial and Professional Regulation (IDFPR) work in tandem to ensure dentists are compliant with state laws and that any accusations against a dentist are investigated thoroughly.

Studies estimate that more than 40 percent of doctors will be sued during their careers. As America becomes increasingly litigious, doctors can expect that rate to go up - and so can other healthcare professionals. Nurses, dentists, psychologists, social workers, and any other healthcare worker is at risk of any number of accusations - many of which may be partly false, unfounded, or stem from the accuser’s own mental unwellness.

Even in cases involving obviously false allegations, healthcare practitioners can find themselves defending their cause in front of their regulating board, to say nothing of the impact such allegations can have on the professional’s standing in their family and community. If you have been accused of any wrongdoing, it is crucial to retain experienced legal representation right away.

What Kind of False Accusations Can Healthcare Workers Face?

Medicine is a complex area of employment that involves interactions with patients, coworkers, financial processors, and more. Healthcare employees may face false accusations for a virtually limitless number of reasons, including, but not limited to:

Social workers play a crucial role in helping people work through their problems and become effective, well-adjusted members of society. Whether social workers practice in child welfare agencies, addiction services, schools, or private practices, they help vulnerable people and communities deal with real-world problems.

Unfortunately, because of the often public-facing nature of their job, social workers often find themselves targeted by dissatisfied clients, parents, or coworkers. Social workers also carry the burden of performing professionally at a very high standard, protecting vulnerable people even at the expense of their own needs or desires. Sometimes, social workers make mistakes that jeopardize their ability to practice their profession; other times, they are unfairly singled out for retaliation. Whatever the allegations against you, if you are a social worker facing accusations of ethical misconduct, negligence, or other misbehavior, you need the help of an Illinois professional license defense attorney.

What Kind of Behaviors Are Considered Ethical Misconduct?

Social workers have to be cautious in their actions towards clients and clients’ families. Behaviors that are intended to be harmless may be easily misconstrued, especially by those who struggle with mental health issues, and even the most well–intentioned professional can make mistakes. Common complaints against social workers that can result in investigations and sanctions include, but are not limited to: