Blog
The Law Offices of Joseph J. Bogdan, LLC

CALL TODAY FOR A FREE CONSULTATION

630-310-1267

Recent blog posts

IL license defense lawyerThere are many types of professions that are regulated in Illinois, such as cosmetology, psychology, financial services, and even architecture. One regulated profession that does not come as much of a surprise is dentistry. The Illinois Department of Financial and Professional Regulation (IDFPR) oversees the licensing, continuing education, practice, and discipline of dentists and related professions in the state. Becoming a dentist takes years of hard work and study, but getting your dental license requires you to know all of the requirements before you apply for your Illinois dental license.

General Dentistry Licenses

Like many other health-related professions in Illinois and throughout the country, you must have a license to practice dentistry in Illinois. To obtain a license to practice general dentistry, you must:

  • Be at least 21 years old
  • Be of “good moral character”
  • Provide evidence that you graduated from a dentistry school accredited by the American Dental Association
  • Present evidence that you passed both parts of the National Board Dental Examination
  • Pass an examination conducted by one of the five regional testing services: the Central Regional Dental Testing Service, Inc. (CRDTS); the Southern Regional Testing Agency, Inc. (SRTA); the Western Regional Examining Board (WREB); the North East Regional Board (NERB) or the Council of Interstate Testing Agencies (CITA)

Anesthesia Permits

In many cases, a dentist or dental specialist such as an orthodontist or oral surgeon will want to be able to administer anesthesia in their office. Legally, they cannot do that without first applying for and receiving the proper anesthesia permits. Illinois ranks its dental anesthesia permits at varying levels. A dentist with a general practicing license can use minimal sedation, where consciousness is only slightly affected. However, any further forms of sedation, such as moderate sedation, deep sedation, and general anesthesia require further education, experience, training, and other requirements.

...

IL license lawyerAt some point, we have all felt exhausted, cynical, or unhappy with our jobs. This is called burnout and it can have negative effects on job performance and personal happiness. Physician burnout has been one of the topics of concern among the medical community for a few years now. According to the American Medical Association (AMA), more than 40 percent of all physicians in the United States report experiencing signs of burnout. Physician burnout has been linked to higher rates of medical errors, lower quality of patient care, and a higher rate of physician drug and alcohol abuse and/or addiction. Physician burnout and its associated outcomes could have serious implications for your Illinois medical license.

Signs of Burnout

Burnout is a long-term response to work-related stress that is characterized by emotional exhaustion, depersonalization, and diminished feelings of personal accomplishment. Burnout is not unique to medical professions, but physicians tend to be more prone than others. Other symptoms of burnout can include:

  • Fatigue
  • Loss of empathy
  • Cynical or negative attitudes toward patients
  • Decreased productivity
  • Detachment
  • Depression
  • Suicidal thoughts

Effects of Burnout

Physician burnout has been considered by many to be an epidemic that is consistent with providers across the country. Not only does burnout severely impact the provider’s own physical and mental health, but it can also impact their job performance, future job prospects, and patient care and health. According to a study published by researchers at the Stanford University School of Medicine, physicians who reported symptoms of burnout were more than twice as likely to make a medical error than physicians who did not report symptoms of burnout.

...

IL license defense lawyerIn the healthcare industry, there are many safeguards put in place to protect patients. When it comes to medication and pharmacies, it is no different. PBM pharmacy audits are conducted both for the sake of the pharmacy benefit manager (PMB) and for you, the pharmacy owner. A PBM audit can be a stressful experience for a pharmacy, especially a small, independent one, but many pharmacies cannot operate at desired capacity without also working with a PBM. If you have an upcoming PBM pharmacy audit, proper preparation is key to success.

Documentation is Extremely Important

For many pharmacies, but especially independent pharmacies, documentation is often an area that needs attention. When your PBM auditor comes to your pharmacy, they may request to see certain documentation that could be from months or even years ago. This documentation could be anything to do with things such as supply changes, such as going from a 30-day supply to a 60-day supply, or early refills. Having your documentation completed, thorough, and organized will save you much stress during the audit.

Consistency Is Expected

Part of the job of a PBM auditor is to make sure that each patient receives the same standard of care when they use your pharmacy. This is accomplished by making sure that all employees are following the same rules and policies while they perform their job. When your PBM auditor is at your pharmacy, they will be looking for any errors made by your staff, such as checking the amount of medication dispensed or ensuring all of the proper forms and documentation are filled out. It is a good idea to have an official standard operating procedure (SOP) written out and distributed to all of your employees so that they understand what is expected of them every time they fill a prescription.

...

IL license attorneyIn many ways, nurses are integral to a properly-functioning healthcare system. Nurses play an important role in patient care, especially because they are usually the ones who spend a majority of time with the patient. One of the tasks that nurses perform is documenting a patient’s history and medical care, also known as charting. Charting is an essential part of a nurse’s job and mistakes on a chart or an incomplete chart could result in injury or harm to the patient or in some cases, even death. Because of this, your nursing license could be at risk if you make a charting error. If you face disciplinary action related to a charting or documentation error, you should speak with an Illinois nursing license defense lawyer.

Common Documentation Errors

Proper charting and patient documentation are crucial for not only the patient’s health and safety, but also for your sake. Charting errors can lead to a slew of issues such as improper treatments, lack of treatment, permanent damage or even death to a patient. If a malpractice or other legal suit is filed pertaining to your patient and it was discovered that you made an error when you were charting, you could face serious consequences.

Charting and documentation errors can come in many different forms. Even though nurses are not the only ones responsible for a patient’s care, they are typically the ones who have the most contact with the patient and therefore usually have much responsibility for the patient’s wellbeing. One simple charting error could be the end of a nursing career. The most common charting errors include:

...

IL license defense lawyerBeing accused of committing medical malpractice is one of the worst things that could happen to a medical professional. It takes years upon years of education, training, residency, and internship to become a physician. The last thing you would want to see is all of that go down the drain because of a patient complaint. In most cases, medical professionals do not have to worry about facing disciplinary action if they are accused of malpractice, but there are situations in which your license could be put into jeopardy if you are found to be responsible for malpractice.

What Is Medical Malpractice?

Medical malpractice occurs when a medical professional causes injury or harm to a patient because of a negligent act. Malpractice can occur during any stage of care, but to be considered malpractice, it must contain the following three elements:

  • The standard of care was violated
  • An injury was caused by the negligent act
  • That injury resulted in significant damages

There must always be these three elements present for a case to be legally considered medical malpractice. Accusing a doctor of malpractice is serious and could harm the doctor’s career and reputation. Because of this, cases that are missing even one of the elements would likely not hold up in court.

...

Il pharmacist defense attorneyTo become a pharmacist, a person has to go through many years of schooling, pass dozens of tests and complete thousands of hours of an internship. Becoming a pharmacist is a huge accomplishment; to have that all taken away from you can be devastating. There are many reasons why your pharmacist license might have been taken away. Perhaps you got into trouble for illegally distributing controlled substances. Or maybe you made an error in a prescription that you filled for a patient. Whatever the reason, having your ability to practice taken away can be disheartening. However, there are steps you can take to have your license reinstated.

Reinstating Your Pharmacist License

In most cases, it is possible to have your pharmacist license reinstated if it has lapsed into the inactive status. The process of reinstatement will look different depending on the length of time that has passed since the license was inactive status. Depending on the time that has passed, your requirements for reinstatement will be slightly different.

If Your License Has Been Inactive for Less Than Five Years

According to the Pharmacy Practice Act, a pharmacist whose license has been inactive for less than five years can restore their license if they do one of the following:

...

IL license defense lawyerIn the state of Illinois, there are hundreds, if not thousands, of people who have careers as licensed professionals. These professions can range from the obvious, such as doctors and nurses, to the not-so-obvious, like architects and engineers. The one thing that all of these careers have in common is the need to become licensed in the state they practice. The state of Illinois has also put into place certain requirements for license renewal for many professions, one such requirement is continuing education. This requirement exists for the sake of maintaining a knowledgeable and up-to-date workforce. One such profession that requires continuing education is social work.

Understanding Social Work Licensure

In Illinois, there are two types of licenses you can receive in the social work profession: a licensed social worker (LSW) and a licensed clinical social worker (LCSW). These two types of licenses are very similar, though they have separate qualifications and requirements, mostly depending on your experience as a social worker. No matter the type of license, social work licenses expire on November 30 of every odd-numbered year. Despite these differences, the continuing education requirements are the same for these licenses.

Maintaining Continuing Education Requirements for Social Workers

The first time a social worker goes to renew their license, they do not have to have completed any continuing education requirements, though they must still submit an application for renewal. The second time a social worker renews their license, they must certify that they have completed 30 hours of continuing education. These 30 hours of education must be related to the practice of social work but they must also consist of:

...

IL medical license attorneyThe United States has been experiencing what has been referred to as an opioid epidemic for years now. Part of the cause of the epidemic was due to pharmaceutical companies insisting these medications were safe and non-addictive. This led physicians to prescribe narcotics at an increasing rate for patients with chronic pain. After it was discovered that these medications were actually highly addictive, they became controlled substances and subject to many regulations. State licensing and regulatory agencies began cracking down on physicians’ prescribing of these medications, punishing many who were abusive or neglectful in their power to prescribe. In 2019, 36 physicians in Illinois received some sort of disciplinary action due to improper controlled substance prescribing practices.

Opioid Use Guidelines for Physicians

In 2017, the Federation of State Medical Boards (FSMB) adopted a policy that outlines responsible prescribing practices for physicians with the privilege to prescribe controlled substances. This policy gives state medical boards criteria to use to evaluate a physician’s management of a chronic pain patient. This criteria includes evaluating the physician’s:

  • Patients’ assessments and evaluations
  • Monitoring of the patient while on the controlled substances
  • Use of treatment plans and patient pain goals
  • Use of treatment agreements with long-term opioid patients
  • Decision to use opioids as a treatment
  • Decision to terminate opioid treatment for a patient
  • Use of periodic and unannounced drug testing in patients
  • Upkeep and accuracy of the opioid patient’s medical records

In addition to providing physicians with guidelines as to how to responsibly prescribe controlled substances, the state of Illinois also requires any physician with a controlled substance license to register with the Illinois Prescription Monitoring Program (ILPMP). This program is an online resource that physicians are meant to use to prevent “doctor shopping,” which occurs when a patient visits multiple doctors to seek multiple prescriptions for controlled substances. Before a physician prescribes a controlled pain medication to a patient, they must first use the ILPMP to search for any other active prescriptions the patient might have.

...

IL license defenseOne of the biggest and most concerning things that could happen to a physician is losing their privilege to practice medicine. While this type of disciplinary action is not as common as other types, it does happen in some cases and can be devastating to the physician. According to the latest information from the Federation of State Medical Boards (FSMB), there were more than 8,800 state medical board actions taken across the country in 2017. These actions range from something as simple as imposing a fine to permanently revoking a physician’s medical license. Here are the most common forms of disciplinary action taken against physicians in the United States:

  • License restricted (1,343): The most common form of discipline from medical boards across the country was to restrict a professional’s medical license. Having your medical license restricted typically means you are limited in what you can do as a physician. Typically, restrictions have something to do with clinical privileges, such as restricting the ability to write prescriptions.
  • Reprimand (1,147): Not far behind restrictions were reprimands. If a physician is reprimanded, this means the medical board issued a warning or letter of concern to a physician. Reprimands can be private or public and can sometimes be issued instead of formal charges or complaints.
  • Administrative action (1,023): If a physician has had an administrative action issued against them, it typically does not affect their medical licensure. Administrative actions can be issued by medical boards for various reasons, including failure to pay licensing fees.
  • Fine (890): Another common outcome of misconduct is a fine. A physician can be issued a monetary fine for many reasons including improper record keeping or similar issues.
  • Conditions Imposed (887): If a physician has conditions imposed on him or her, they must meet certain requirements or fulfill certain conditions to avoid further discipline by the board.

Have You Been Subject to Disciplinary Action? Contact an Illinois Medical License Defense Attorney

Any type of disciplinary action taken against you is serious. Before you have any action taken against you, you will be notified by the Illinois Department of Financial and Professional Regulation. If this happens, you should immediately contact a knowledgeable Illinois medical license defense lawyer. At the Law Offices of Joseph J. Bogdan, LLC, we understand how a disciplinary action can affect your career. To schedule a consultation, call our office today at 630-310-1267.

 

...

IL license defense lawyerAfter a long and stressful day, sometimes it is nice to come home and have a glass of wine or a beer. It is not uncommon for someone to come home from work and have a drink or two to unwind, but for some people, this can become a harmful habit -- especially if you work in the medical field. Individuals who work in the medical field face an immense amount of stress and tension on a daily basis. Multiple studies have suggested that medical workers face a higher chance of developing a substance abuse issue. According to the Mayo Clinic Proceedings, somewhere between 10 and 12 percent of all physicians will develop a substance abuse issue during their careers. Substance abuse is serious for anyone, but for a physician or other medical professional, it could jeopardize their career.

Signs of a Substance Abuse Issue

Sometimes, it can be difficult to spot the signs of substance abuse in a medical professional. Most of the time, medical professionals are very high functioning substance abusers, meaning they are still able to go about their daily lives and maintain their careers and households for a period of time. Here are a few common signs that a medical professional is battling substance abuse:

  • Preferring night shifts because of lessened supervision
  • Frequent job changes
  • Falling asleep on the job
  • Taking frequent bathroom breaks or other unexplained absences
  • Glossy eyes or small pupils
  • Incomplete charting or errors in patient paperwork
  • Other job-related errors or missteps

Consequences of Substance Abuse

Having a substance abuse issue when you are a medical professional is risky. Most of the time, issues arise with medical professionals when they have substance abuse issues because their job performance begins to suffer inexplicably. When a medical professional begins to make errors when they are completing patient paperwork or charting, other workers may begin to become suspicious and report their errors to the licensing board. Medical professionals also have the option to self-report their issues, which usually produces a better outcome than if they were reported.

...

Il license defense lawyerIn the state of Illinois, many different professions are regulated by the Illinois Department of Financial and Professional Regulation (IDFPR), from architects and detectives to accountants and engineers. Nearly all medical professionals, including psychologists, are also licensed by the IDFPR and must meet certain requirements to legally practice in the state. These requirements are put in place in order to maintain a certain level of safety for the public. Illinois issues two types of licensure for psychologists: clinical psychologist and prescribing psychologist. Each type of license has its own requirements, which are important to understand if you plan to apply for a license.

Clinical Psychologist

A clinical psychologist can be found in a variety of settings. Many clinical psychologists have their own practices and see various types of patients about various issues. Clinical psychologists have the ability to diagnose and treat patients with a variety of issues and work with primary care physicians and psychiatrists to control patients’ conditions with medication. To become a licensed clinical psychologist in Illinois, you must:

  • Be at least 21 years old
  • Be a graduate of a doctoral program that is accredited by the American Psychological Association
  • Complete a minimum of two years of supervised experience, one of which being an internship and the other being postdoctoral experience
  • Pass an examination given by the IDFPR
  • Provide all of the required documentation, including proof of completion of required education and work experience

Prescribing Psychologist

A prescribing psychologist is a clinical psychologist who is permitted to prescribe certain medications to his or her patients. Because prescribing psychologists are given this ability, they must meet different requirements than the ones set forth for clinical psychologists. To become a licensed prescribing psychologist in Illinois, you must:

...

IL defense attorneyThough not as much as a physician, it often takes years of schooling and studying to become a nurse. All of that hard work finally culminates when you apply to receive an Illinois nursing license that enables you to practice in the state of Illinois. If you are a nurse, you are held to certain standards, which if broken, can result in disciplinary action. The Illinois Department of Financial and Professional Regulation (IDFPR) is the licensing body that oversees all nursing, physician, pharmacist, psychologist and chiropractic licenses, among many others. The IDFPR is also the disciplining body that will take action against your license if you are accused of wrongdoing.

Cause for Disciplinary Action

There are a number of reasons why a nurse could face disciplinary action against his or her license. These reasons include behavior such as “unethical or unprofessional conduct,” or being convicted of a crime. Here are a few common reasons why you may find yourself facing disciplinary action against your license:

  • Being convicted of any crime that is a felony or misdemeanor and contains an essential element of dishonesty or is directly related to the nursing profession
  • Behavior that demonstrates the incapacity or incompetence to safely and lawfully practice nursing
  • Violating any rules stated in the Nurse Practice Act
  • Engaging in dishonorable or unethical conduct that is likely to harm the public
  • Unlawful taking, selling, distributing or manufacturing of any drug or narcotic
  • Excessive use or addiction to alcohol or narcotics that prevents the safe practice of nursing
  • Sexual abuse, sexual misconduct or sexual exploitation of a patient
  • Failing to provide information or purposefully providing false information to the IDFPR
  • Failing to report a suspected case of child abuse or neglect

Types of Disciplinary Action

If you have been accused of any of the above violations, the IDFPR has probably gotten into contact with you about disciplinary actions. There are a number of actions that could be taken against your license. These include:

...

IL defense lawyerThe United State’s Drug Enforcement Administration (DEA) is a federal entity whose main task is to make sure that drugs are being used, sold, manufactured and prescribed correctly and within the confines of the law. One of the ways the DEA accomplishes this is by performing audits and investigations on physicians and their practices. For doctors and their employees, this can be a cause for concern because even a small slip up can become a serious issue. If you have become the subject of a DEA investigation, you should act quickly and immediately hire a medical license defense lawyer.

Understanding DEA Investigations

The DEA routinely conducts audits at the practices of physicians who are permitted to prescribe controlled substances. Typically, you can expect an audit every three years to determine if you are being compliant with all applicable laws. The DEA may also perform an audit if they have reason to believe something illegal may be taking place. This typically begins the investigation process and involves the DEA auditing your patient files. It is possible that the DEA or FBI may also request an interview with you to attempt to gather more information. If they have probable cause to believe that you have not been complying with the Controlled Substance Act, you may also receive a search warrant for your office or practice.

What to Do if You Suspect an Audit or Investigation

If you have been contacted by the DEA or FBI for any reason relating to controlled substances, you should immediately get in touch with a DEA defense lawyer. If the DEA has reached out to you, it probably means they are suspicious of the distribution, use or prescribing of controlled substances from your practice. Your lawyer should immediately begin to look over patient files and records, looking for anything that the DEA might see as a red flag.

...

IL license lawyerThere are laws governing all sorts of professions, from doctors and nurses to cosmetologists and architects. When it comes to professions such as social work, there are certain things that are explicitly spelled out as being inappropriate and not tolerated in the Illinois Clinical Social Work and Social Work Practice Act. The Act contains information about what is expected from Illinois social workers and what is considered to be unprofessional conduct. If you are accused of unprofessional conduct as a social worker, you could face disciplinary action such as a license suspension or revocation, probation or reprimand.

Examples of Unprofessional Conduct

If you are a person who works in a profession that is regulated by the Illinois Department of Financial and Professional Regulation (IDFPR), such as social work, there are certain standards of behavior that you must abide by or face the consequences. Here are a few ways you can be subject to disciplinary action as a social worker:

  • Misstatements when providing information to the IDFPR or other state agency or to an insurance company when filing a claim on behalf of a client or patient
  • Being convicted of a felony or misdemeanor in which an essential element of the offense was dishonesty or directly related to social work
  • Fraud or misrepresentation when applying for a social work license
  • Professional incompetence
  • Gross negligence when practicing social work
  • Aiding or assisting another person in violating any rules set forth by the Social Work Act
  • Habitual or excessive use of drugs or alcohol
  • Violating the terms of probation, if your license has been placed on probationary status
  • Abandoning a client without cause
  • Failing to report suspected child abuse or neglect
  • Making or filing false records or reports relating to your practice
  • Being named as a perpetrator in a child abuse or neglect case
  • Physical or mental illness, impairment or disability that could cause you to be unable to practice with reasonable judgment, skill or safety
  • Soliciting services through false or misleading advertising
  • Violating the Health Care Worker Self-Referral Act

Talk With an Illinois Social Work License Defense Attorney Today

If you are facing disciplinary action because you have been accused of violating any of the above terms, you should immediately contact a skilled Illinois social work license defense lawyer. At the Law Offices of Joseph J. Bogdan, LLC, we can help you figure out the best course of action to defend against any charge you may be facing. To schedule a consultation, call our office today at 630-310-1267.

...

IL license defense lawyerSocial media is a large part of many people’s daily lives. According to data from Edison Research, a vast majority (around 223 million) of Americans ages 12 and up are using social media. Even professionals such as doctors, nurses, dentists, and psychologists use social media, though things can get a little tricky because of privacy laws. Health care professionals have specific ethics and standards that they must adhere to and the use of social media presents an ethics challenge for some physicians.

All health care professionals are required to adhere to the Health Insurance Portability and Accountability Act (HIPAA), which exists to protect the privacy of patients and their health care information. Inappropriate social media usage could result in disciplinary action from the licensing board, which could affect your career. Here are a few ways you can help protect yourself on social media:

  • Be cautious about what you post on social media. One of the biggest violations that could arise out of using social media is posting patient-identifying information for all to see. HIPAA rules require complete confidentiality of patient information, which could easily be broken on social media, even if it is innocent. The best rule of thumb to follow is to just not post any information about your patients at all.
  • Separate your professional and personal accounts. Another important way you can protect yourself is by separating your personal accounts from your professional accounts. This can not only help your practice on the marketing side of things, but it can also help your professional career from being associated with your personal page.
  • Think twice before accepting friend requests from patients. Some health care professionals think that social media is a great tool that can be used for patient communication, while others think that this compromises the provider-patient relationship. It is important to draw a line so that you can avoid unprofessional behavior on social media. When in doubt, proceed with caution.

An Illinois Professional License Defense Attorney Can Help You Mitigate Any Social Media Concerns

For some health care professionals, social media is a powerful and valuable tool that they believe can be used to strengthen the patient-provider relationship. Other professionals think that social media usage can pose too much of a legal liability to be useful. If you are a health care professional who uses social media, you should talk with an Illinois professional license defense lawyer today about how you can protect your career. At the Law Offices of Joseph J. Bogdan, LLC, we can answer any questions that you might have about preventative action. We can also help you form a plan of action if you are facing penalties from social media usage. To set up a consultation, call our office today at 630-310-1267.

...

Il license defense lawyerEven the most responsible physicians can become the subject of a medical board investigation. Each state medical board is required to investigate any complaints that they receive, even if the complaint has no merit to it. When you are under investigation for a complaint that was made about you, it can be a nerve-wracking experience. Your professional reputation and medical license could be at stake, depending on the nature of the complaint and outcome of the investigation. If you are dealing with a medical board investigation, proper preparation is key to a successful outcome. Here are a few ways you can prepare for a medical board investigation:

Understand the Investigation Process

Even though the medical board has to review each and every complaint that is made to them, they do have an evaluation process that they use for complaints. If they find that a complaint is unsubstantial, they will not pursue any action against you. If they do think a complaint is worth looking into, however, they will likely send you a letter requesting a medical record review. If this happens, it usually means the medical board has flagged the complaint as a serious one.

Respond to Your Complaint Promptly

Once the medical board determines that a complaint should be served to the physician, they only have so long to respond to the complaint. If you have had a complaint formally served to you, you must respond to the complaint within 20-45 days or you face disciplinary action. The medical board expects physicians to be completely honest and transparent when it comes to complaints that are filed against them.

...

IL defense attorneyBecoming a licensed physician takes years upon years of education, internships, residencies, fellowships and more hard work and discipline than you would ever imagine. For anyone, learning is a job that is never done and physicians are no exceptions. The medical field is always changing its guidelines and introducing new technologies to help serve patients better, which requires physicians to stay up to date on new happenings. In Illinois, physicians are required to have a specific amount of continuing education credits when they go to renew their licenses every three years. Not fulfilling those education requirements could jeopardize your ability to renew your medical license and your ability to practice medicine in the state of Illinois.

CME Requirements

According to the Illinois State Medical Society, physicians will be required to complete at least 150 hours of continuing medical education (CME) if they plan to renew their medical license in 2020. The only licensees who are exempt from that rule are those who are renewing their medical licenses for the first time.

Further, Illinois law requires that at least 40 percent (or 60 hours) of CME must be completed in formal CME programs that are permitted to designate an activity as eligible for Category 1 credit. A maximum of 60 percent (or 90 hours) of CME is permitted to be completed in informal CME programs or activities, which can include things such as medical teaching, participation in patient care review activities and the use of self-instructive materials.

...

IL license defense lawyerMost people know that a person’s medical records and information are private information that is protected by law. If you are a medical professional, you must be familiar with the Health Insurance Portability and Accountability Act (HIPAA), a law that was passed in 1996 to protect the privacy of patients’ health information in the United States. The law gives rules and procedures that you must follow in order to protect your patients’ privacy rights. If you fail to follow HIPAA procedures or rules, you could face expensive fines and your medical license could even be put into jeopardy. Here are a few of the most common ways HIPAA is violated.

Unauthorized Access of Healthcare Records

The HIPAA only gives certain reasons as to why you can access the healthcare records of a patient without gaining their consent. Unless you are accessing records for treatment, payment or healthcare operation, you are doing so illegally. This can result in disciplinary action and a fine to the organization is possible, though uncommon.

Not Performing a Risk Analysis

One of the most common HIPAA violations to result in a financial penalty is given to organizations that fail to perform a risk analysis. These analyses must be performed regularly in order to assess whether or not there are any vulnerabilities to the confidentiality and integrity of patient health records. To prevent this from happening, conducting a regular risk analysis is recommended.

...

IL license defense lawyerIllinois takes nonpayment of court-ordered child support very seriously. In an effort to encourage parents to stay compliant with child support orders, Illinois has enacted several “punishments” for non-paying parents. Parents who do not pay child support can face wage garnishment, property liens, and the suspension or revocation of their licenses. A parent who is in child support arrears can lose their driver’s license, hunting or fishing license, occupational license, and even their professional license.

Illinois Can Suspend Your Professional License After a 30-Day Delinquency

You might assume that only egregious nonpayment of child support can result in a license suspension or revocation. However, Illinois law states that even a 30-day delinquency is enough to prompt a professional license suspension. When a delinquent parent receives a notice about past-due child support, he or she has 60 days to pay current and past-due child support. The parent also has a 45-day window to request a hearing to contest the notice. If the parent fails to become current with child support, he or she is considered delinquent and is in danger of losing his or her licenses.

Professional Medical License Suspension or Revocation is Possible

When a person loses his or her fishing license, they simply lose access to legally enjoy their hobby. Losing a professional license, on the other hand, is a completely different situation. Without a valid professional license, you may not be able to legally continue doing your job. Failure to pay child support can result in the suspension or revocation of your:

...

IL License Defense LawyerFor many people, the American dream is owning your own business. For some pharmacists, that dream involved starting, owning and growing their own independent pharmacies. According to statistics from the National Community Pharmacists Association (NCPA), there were more than 22,000 independent pharmacies operating in the U.S. in 2015. Of those, an estimated 1,000 pharmacies will change ownership each year.

Buying and selling a pharmacy is a different and more complicated process than buying and selling most other businesses. With a pharmacy, you must pay attention to certain things when transferring ownership, such as informing and coordinating with drug suppliers and vendors, ensuring the pharmacy is enrolled as a provider for Medicaid, Medicare, and supplemental plans and various other things. If you are looking to sell your pharmacy, here are a few things you should keep in mind:

  • Have a legitimate exit strategy and timeline in place. Too many times pharmacy owners do not have a plan when it comes to the sale of their pharmacy and things do not turn out for the best. If you are thinking of selling your pharmacy, set a date of when you would like to have the sale completed. Then you will have a rough idea of when certain tasks should be completed by. In general, it can take several months or even years to complete a sale.
  • You should have your finances in order before you start looking for potential buyers. Whoever is interested in buying your pharmacy will want to look at at least the past three or four years of business record, including audited financial statements, profit and loss statements, balance sheets, corporate tax returns, and prescription sales logs. This allows your prospective buyer to determine whether or not the business is a good investment for themselves.
  • Make your pharmacy as attractive as possible to potential buyers. This includes the physical appearance of your pharmacy. Think of home sales; a person selling their home is not going to host an open house until their home looks as good as it possibly can look. Even just a new coat of paint or new flooring can transform a business and make it look more appealing to a buyer.
  • Make sure all your contracts and licenses are up to date. You should be sure that your reimbursement contracts with third-party payers are available and up to date so that potential buyers can review them. This includes any local business license, state pharmacy licenses or building permits.

Contact an Illinois Pharmacy Sale Attorney Today

When it comes to selling a pharmacy, there are many things you should keep in mind before and during the process. There are many considerations to remember during a pharmacy sale, especially that selling your pharmacy is not as simple as signing over ownership to another person. At the Law Offices of Joseph J. Bogdan, LLC, we have been helping clients successfully buy and sell pharmacy businesses for more than 16 years. One of our skilled Illinois pharmacy sale lawyers is a licensed pharmacist and has extensive knowledge of both the medical and legal fields. Call our office today at 630-310-1267 to schedule a consultation.

...
Illinois State Bar Association DuPage County Bar Association Illinois Pharmacists Association American Pharmacists Association elite lawyer 10.0Joseph John Bogdan
To Top