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IL license defense lawyerIf you are a healthcare provider that prescribes controlled substances, you are being monitored by the Drug Enforcement Agency (DEA). Due to the potential for illegal activity in the pharmacy business, DEA inspectors visit pharmacies to ensure that they are complying with all regulatory standards. If the DEA pays a visit to your pharmacy, it is important to react in a calm and professional manner. Still, a DEA investigation can lead to harsh punishments and even license revocation. If you are facing a DEA investigation, contact a license defense attorney that you can believe in.

Preparing for a DEA Visit

Due to the implementation of the Controlled Substances Act, the DEA is allowed to inspect a pharmacy, investigate the receiving and distribution of controlled substances, and even take substance samples. How you react to a DEA visit can make all the difference in ensuring that the investigation goes smoothly.

Be Respectful: When the DEA arrives at your pharmacy, for an inspection, it is easy to feel attacked, and become flustered. As the inspectors arrive, being kind and respectful can set the investigation off on the right foot. All that considered, it is also important to understand your rights. A DEA inspection can only take place with your consent. If the inspection is not being conducted during standard business hours, or there is not proper personnel on site, you can request for the inspection to take place at a different time.

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IL license attorneyWhen you make the decision to open up a physical therapy office, you are dedicating your life to facilitating the physical healing of injured patients. The decision to become a physical therapist is likely one that stems from a want to nurture and heal. Unfortunately, not all physical therapists have the same moral compass, and you can lose your physical therapy license if you hire someone that acts in a negligent manner. If the Illinois Department of Financial and Professional Regulation (IDFPR), begins investigating your practice, it is time to seek out quality legal assistance.

Common Forms of Employee Negligence

When hiring employees to work with you in your physical therapy practice, it is important to educate them on potential malpractice risks, while also spending extensive time looking into their background and previous work experience. Any form of negligent acts they commit while working for you could result in a loss of your professional license.

Sexual Misconduct or Harassment: Tragically sexual misconduct is incredibly common throughout the medical industry. Due to the hands-on nature of a physical therapist’s job, it is important to fully and properly educate your employees on what constitutes appropriate touching. A harassment complaint can lead to direct license loss.

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Illinois DEA registration defense lawyer 104 formIn light of the current opioid epidemic in the United States, state and federal governments – as well as state boards of pharmacy and medicine – have ramped up their investigations into suspected improper prescribing habits. In particular, the Drug Enforcement Agency (DEA) is aggressively reviewing prescription and medical records for pharmacists and physicians who hold DEA registrations.

Increasingly, these DEA registrants are reporting that DEA agents are appearing unannounced at their homes or businesses to interview the registrants and inspect the premises for evidence of wrongdoing. In most cases, the agents then ask the registrants to sign what’s called a 104 Form, whereby the registrant voluntarily surrenders his or her DEA registration. The agents assure the registrant that the surrender is temporary and that he/she can get his/her registration back “in a few weeks” as long as they cooperate with the investigation.

You should not do this without first consulting an attorney.

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DuPage County Medicare exclusion defense attorneyFirst, you should contact an attorney, one that is knowledgeable in this area. Exclusion from the Office of Inspector General (“OIG”) is a serious matter for all healthcare professionals and healthcare providing entities like hospitals or surgical centers. Exclusion by the OIG can lead to exclusion from participation in Medicare or Medicaid. OIG exclusion can be done for many reasons, ranging from a conviction related to controlled substances, fraudulent billing for healthcare services not provided, or discipline by a healthcare regulatory board. Most exclusions are mandatorily implemented by the OIG. The duration of exclusion by the OIG can vary from three to seven years or longer. This can be a serious consequence for any healthcare provider. It means that the provider or entity cannot collect payments from Medicaid or Medicare for providing services to those beneficiaries. For most practicing healthcare professionals, Medicare and Medicaid patients make up to 50% of their practice or more, depending.  

An individual or entity first gets notified by the OIG that it is considering excluding them from Medicare or Medicaid privileges. This first notification allows the individual healthcare practitioner or entity 45 days to respond to the allegations made by the OIG. The allegations are the reasons why the OIG believes the healthcare professional or entity should be excluded. If the person or entity doesn’t respond within the 45 day time, the OIG has considered that the individual or entity to have waived their right to respond. The OIG then moves forward with their case and implements the exclusion from Medicare and Medicaid billing privileges. At this point in the case, it is very difficult to have the exclusion removed.  

It is important for any healthcare professionals or entities providing healthcare services to take any notifications from the OIG seriously. Any communication received from the OIG should be reason to contact an attorney immediately. Retaining an attorney with experience in this area is crucial to increase the chances of a good outcome. Hiring an attorney with a healthcare background is also helpful in these types of cases.  

IL license defense lawyerEvery single year, the Illinois Department of Financial and Professional Regulation (IDFPR), receive thousands of medical malpractice complaints. Health professionals throughout the state, have to adhere to the standards set by the IDFPR, and if they are unable to do so, could potentially lose their license. For dentists, medical malpractice complaints are much more common than they would like to admit. If you are facing a complaint or other licensing issue from the Illinois Dental Board (which operates as a branch of the IDFPR), it is time to seek out professional legal assistance.

Mistakes You Could Make

While the vast majority of Americans put complete trust in medical experts, all professionals are humans, and mistakes can occur in any occupation. For dentists, a medical error can come with costly ramifications. Below are some of the most common forms of medical malpractice in the field of dentistry.

  • Misdiagnosis: When most people think of medical malpractice, they think of surgical error or overt misconduct. In all reality, the most common form of malpractice in the medical world is incorrect, missed, or delayed diagnosis. Misdiagnosis accounts for approximately 15% of all medical malpractice cases. For patients relying on dental assistance, misdiagnosis can be life-threatening. For instance, if a dentist misdiagnoses a cancerous mouth tumor, as a harmless one, the patient could die due to the medical error.
  • Incorrect Drug Dosage: Dentists have the responsibility to administer drugs to patients, as needed. If a patient is set for an oral operation, dentists often times provide their patients with anesthetic, analgesia, or another prescribed drug. Giving a patient too much of any of these drugs can result in severe injury and even death. It is also important to note that prescribing patients the wrong medication could cause patients severe medical complications or even fatal reactions.
  • Improper Equipment Maintenance: Dentists around the country require assistance from high-tech equipment, to ensure that their patients receive the highest quality of care possible. If a dentist uses equipment that is either malfunctioning or improperly sanitized, they could put their patients in danger. Here in the United States, hundreds of medical malpractice cases involving improper equipment occur every year.

Contact a DuPage County Dentist Defense Lawyer

At the Law Offices of Joseph J. Bogdan, L.L.C., our team firmly believes that no person should lose their livelihood based on one mistake. If you believe that your dental license may be in jeopardy, you need an attorney that you can believe in. Fortunately, with well over a decade of legal experience in the state of Illinois, our team is confident in our ability to represent you in a disciplinary conference with the IDFPR. To schedule a meeting with a qualified Illinois dentist license defense attorney, call us today at 630-310-1267.

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IL license defense lawyerHere in the state of Illinois, nursing homes are regulated and monitored by the Illinois Department of Public Health (IDPH). The IDPH is responsible for disciplining nursing homes in which forms of reckless treatment or negligence has taken place. Even if just one of your employees has acted in a negligent manner, those actions alone could warrant an investigation. If your nursing home is under investigation, it is possible that you could be facing a severe form of disciplinary action, from the IDPH, and you should contact your legal team immediately. Understanding and communicating the most common forms of negligent nursing home behavior, to your staff members, could help you avoid an investigation.

Common Forms of Neglect

Approximately two million elderly Americans claim that they have faced some form of abuse from a caregiver. While nursing home neglect can come in various forms, and even the most minor complaints can lead to an investigation by the IDPH, understanding the most common forms of neglectful or abusive behavior can save you from a costly lawsuit.

Physical Abuse: Overt physical abuse should result in an immediate termination of an employee. From striking or pushing a patient to restraining them with ties to administer medication, any complaints of physical abuse will likely warrant an immediate investigation. Physical abuse from a caregiver can lead to long-term mental and physical health ramifications, and should not be taken lightly.

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IL license defense lawyerThroughout the United States, thousands of people dedicate their lives to clinical psychology and social work. From psychological or mental health counseling to rehabilitation counseling, in the state of Illinois, these professionals are only able to operate within the state after receiving a certified license from the Illinois Department of Financial and Professional Regulation (IDFPR). If a psychologist or social worker is accused of some form of misconduct, it is likely that they could face some form of discipline or license revocation. If you face an investigation from the IDFPR, it is critically important to seek out legal guidance, as soon as possible.

Misconduct in Illinois

Every year, the IDFPR conducts thousands of investigations to look into cases of potential misconduct. Common forms of clinical psychology and social work misconduct, include:

  • Sexual Harassment or Misconduct: According to recent studies, approximately 12% of all mental health professionals admit to having had some form of sexual contact with a patient. In all likelihood that number is much lower than the true percentage of sexual misconduct cases within various psychological professions. Even a consensual sexual relationship with a patient constitutes sexual misconduct and could result in an investigation.
  • Confidentiality Agreement Violations: Mental health professionals are bound by federal or statewide confidentiality agreements. Violating confidentiality agreements is a direct form of unethical behavior and misconduct. These violations constitute a breach of contract that professional has with his or her patient, and can lead to a license revocation and further legal consequences.
  • Unethical Conduct: Other common forms of unethical conduct among mental health professionals include the unwillingness to meet with a patient in crisis, the scheduling of unnecessary meetings for insurance payment, and the intentional misdiagnosis of mental health conditions. If you have been accused of any of these forms of unethical conduct, contact a legal professional right away.

Contact a Clinical Psychologist Defense Lawyer in Illinois

If you are contacted by the IDFPR regarding a potential a complaint investigation, it is important to inform your attorney as soon as possible. A qualified attorney can help you move forward during the investigation process, and decide whether a settlement acceptance or a hearing in front of an administrative law judge is the best option for your career. Attorney Joseph J. Bogdan has years of experience helping those involved in complaint investigations and is dedicated to protecting the careers of his clients. To set up a meeting with an Illinois professional license defense attorney, call us today at 630-310-1267.

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IL license lawyerOne of the worst things that can happen to a doctor professionally is to be sued for medical malpractice. Malpractice suits can mean years of meetings, document production, and stress. A money judgment in favor of the patient in rare cases will mean that you will be on the hook financially. You may believe that your reputation has been tarnished, and it is possible that your malpractice insurance premiums will rise, sometimes to the point of hardship.

One consequence that is unlikely to happen is that you will lose your medical license to practice following a malpractice lawsuit. A malpractice lawsuit is initiated by a patient who alleges they have been injured due to a doctor’s negligence.

On the other hand, the Medical Disciplinary Board's purpose is to consider allegations of misconduct or malfeasance by members of the medical professions and to recommend appropriate discipline. Medical Board matters begin with a complaint. Sometimes the complaint is made by patients, but colleagues, agencies and employees could also make such a complaint.

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 Illinois nursing license defense attornryNursing requires flexibility, empathy, and the ability to think on one’s feet. Nurses who are self-starters are often highly praised. However, these attributes are a double-edged sword and can result in a nurse’s license being placed in jeopardy due to the scope of practice violations.

A nurse’s scope of practice must always be adhered to, and failure to do so can mean that the board of nursing will get involved. It is never permissible to operate outside of your scope of practice even if it is customary on your floor or office or if you are certain that you can get a doctor will later approve your actions.

There are several categories of nurses: registered nurses (RNs), licensed practical/vocational nurses (LPN/VNs) and advanced practice registered nurses (APRNs). Each group has a scope of practice delineated under Illinois law.

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IL license lawyerLearning that you are being investigated for a breach of a code of conduct or regulatory rules can be unnerving. How people react to this information varies. At one end of the spectrum, people ignore the investigation. At the other end, people rush to defend themselves in any way, often by speaking with an investigator.

While it is important not to ignore the proceedings against you, we see many professionals make the mistake of speaking to investigators without the benefit of an attorney. Often these people believe that they can clear up confusion or nip allegations in the bud by being forthcoming.

Giving a statement to someone with a regulating agency such as an investigator, auditor, special agent or surveyor is almost always a mistake. These investigators will likely have done a lot of research before contacting you, and nothing you say at this juncture will put an end to the investigation.

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CA divorce lawyerSome of the highest rates of addiction among professionals are found among doctors and nurses. Both doctors and nurses must maintain professional licenses in order to practice, and these licenses can be taken away if a board determines that substance abuse is interfering with the performance of one’s job.

In these circumstances, hiring an attorney to represent you before the board will mean that you can feel confident your best case is being put forward and that you understand the process in which your license is at stake as well as your options moving forward.

Addiction in Healthcare Workers

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Illinois IDFPR discipline attorneyThe Illinois Department of Financial and Professional Regulation allows licensees who have certain public disciplines on their records to classify them as confidential seven years after the disciplinary offense occurs. Specifically, the opportunity exists for licensees who have been disciplined for: failing to pay taxes or student loans; failing to complete the required number of continuing education credits; failing to renew a license on time; failing to obtain or renew a certificate of registration or ancillary license; violating rules related to advertising; or any ground for discipline that has been removed from the relevant licensing Act. When IDFPR grants these applications, the affected disciplinary actions are considered expunged.

The Law Offices of Joseph J. Bogdan, LLC can assist with expunging disciplinary actions or any other issues related to professional licenses. Contact our Illinois professional license defense lawyers at 630-310-1267.

Illinois psychologist license defense lawyerUnder Public Act 098-0668, Illinois amended the Clinical Psychologist Licensing Act to permit licensed psychologists to issue prescriptions to certain adult patients. Under the newer provisions of the law, a psychologist can apply for a prescribing psychologist license after completing advanced education and training in psychopharmacology and supervised clinical training.  Prescribing psychologists are required to enter into a collaborative agreement with an Illinois physician who generally prescribes medications to his or her patients in the course of his or her normal practice. This change is intended to improve access to comprehensive mental health treatment in Illinois.

The Law Offices of Joseph J. Bogdan, LLC can answer your questions about licensing for psychologists, and we can assist with psychologist license defense for those who are facing disciplinary action. Contact an Illinois professional license defense attorney today at 630-310-1267.

IL pharmacy sales lawyerOwning a pharmacy can not only be a rewarding endeavor, but it can also be one that is financially profitable. However, owning a pharmacy can take a lot of hard work, and that work begins with the purchase of the business.

According to industry experts, it is a sellers’ market as prospective pharmacy buyers outnumber sellers by a 2 to 1 ratio. Thus, buyers must act smartly and quickly if they see an opportunity to purchase a pharmacy. This is subject to change over the next few years as most pharmacy owners are over 50 years old and will be retiring in the coming years.

If you are in the market to purchase a pharmacy, consider taking the following steps.

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IL license defense lawyerAudits to your pharmacy can be made by insurance companies, pharmacy benefit managers and third-party payers. Many pharmacy owners view audits as a threat to their business and with good reason.

The outcome of an audit can mean that a pharmacy is required to pay large sums of money that the auditing agency says it is owed. This could be taken out of what would be payments from future money that would be paid to the pharmacy.

Audits should be taken seriously, and often an attorney can safeguard a pharmacy’s rights as well as negotiate issues that may come up in the course of an audit.

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IL pharmacy lawyerBeing a pharmacy owner can be a rewarding and profitable career. However, all careers must come to an end, and at some point, you will likely wish to sell your pharmacy. Pharmacy owners decide to sell for many reasons. The technology is ever-changing, and margins seem to become thinner with each year. However, the most common reason for the sale of a pharmacy is that the owner seeks to retire.

It is estimated that two-thirds of pharmacy owners are at or nearing retirement age. In the coming years, many pharmacies will experience a change in ownership. If you are looking to sell your pharmacy, there are a host of steps you can take to ease the process and to get top dollar for your business.

The selling process -- planning and executing the sale -- can take two to three years. In fact, many of the most successful sellers begin planning the sale when the pharmacy is bought. However, if you have a shorter timeline, many successful sales are prepared for in less time.

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IL licensing attorneyIf you have received notice of an upcoming pharmacy benefit managers (PBM) audit, there are several things you can do to prepare. The consequences of a PBM audit are real and can be long-lasting. Going into an audit prepared is advisable.

Many clients find that adequate preparation can alleviate problems that can come up during an audit. A skilled PBM audit defense attorney can identify specific areas that you should focus on in the time before your pharmacy’s audit. However, typically you will benefit from taking the following steps:

  • Review the written on-site audit notification. You want to pay close attention to the scope of the audit, including the date ranges that the audit will cover. The terms of the audit as stated in the letter should comply with your contract and will applicable laws. An attorney may be needed to determine compliance.
  • Check the date of the proposed audit. This date should be a date when you and other needed personnel will be present. An audit should not be left to employees to handle.
  • Create an audit file. This file or box should contain all correspondence, records, notes, and documentation of telephone calls related to the audit.
  • Meet with your staff. Your staff should be prepared for the audit as well.
  • Organize your records and conduct a self-audit. You should review what records you have as well as identify any problem areas that the PBM auditor may spot.
  • Prepare a designated physical area for the audit. This area should be private. It should also be away from your employees’ spaces and pharmacy operations. Often a closed-off breakroom with a table and chair is suitable.

Contact an Illinois PBM Audit Attorney

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IL license defense lawyerIf you have a professional counselor or clinical professional counselor license, you could be investigated at any time by the Illinois Department of Financial and Professional Regulation. Depending on the results of the investigation, your matter may go to a hearing where your professional license would be at stake.

This hearing must follow specific rules and format, and your license cannot be revoked, suspended, or placed on probationary status unless these laws are followed. Having an attorney represent you means that you will know if these procedural laws are followed and it means that your best case will be put forward.

If the Department plans on refusing to issue or renew a license or if plans on disciplining a licensee, it must do the following 30 days prior to the hearing date:

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IL defense lawyerIt’s a letter you may never thought you’d open: a letter from the Illinois Medical Board telling you that a patient has filed a complaint against you. Maybe you feel betrayed by a patient who would not bring his complaints to you directly or maybe you are worried about the implications of such a complaint on your career and your practice.

Whatever your initial reaction, it is important to quickly get caught up to speed about what it will take to defend your medical license and resolve this situation.

  • Understand the scope of a complaint. The Federation of State Medical Boards reports that in 2012 in the United States, of 878,194 actively licensed physicians, 4,479 were disciplined. That number is less than 1 percent of all doctors in this country. In many circumstances simply having a complaint filed against you means that the state board will conduct an investigation, even if it is plain that the complaint is groundless.
  • Know what is at stake. Medical boards have great power over doctors' careers and livelihoods. These bodies can impose penalties that vary in severity from reprimands and fines to suspensions or revocations of medical licenses. Because of the range of punishments, it is helpful to speak with an attorney who understands this procedure and can discuss likely outcomes for the alleged acts.
  • Respond promptly. One of the first mistakes a doctor in this situation can make is not opening the letter or let the letter gather dust. Failing to respond can carry a second set of consequences, and it is unwise to do so. It is important that you take control of the situation in any way you can. Contacting a license defense attorney at this juncture can help you stay on the correct timeline and can mean that the defense you present will be uniform from the start of the process.
  • Know your weaknesses. During this time, it is imperative that you continue working at your practice, but that you do not receive any other complaints. Many doctors are surprised to find out that most complaints do not concern “bad doctoring” (incorrect diagnosis, poorly performed procedures, etc), but rather concern issues like billing, scheduling, confidentiality and possible criminal conduct.

Call an Illinois License Defense Lawyer

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IL defense lawyerProvider burnout is real, and it can have serious implications for your career. Many people who are at risk of losing their professional license are also burned out. Remaining motivated in your job is crucial to your overall success as well as keeping you from facing your profession’s governing body.

Signs of Burnout

  • Every day at work is a bad day;
  • You are tired all the time;
  • Your work becomes either overwhelming or very dull;
  • You feel that your work goes unnoticed; and
  • Caring about your job or home life seems like a waste of time.

How Can Burnout Affect Your Job

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