Blog
The Law Offices of Joseph J. Bogdan, LLC

CALL TODAY FOR A FREE CONSULTATION

630-310-1267

Subscribe to this list via RSS Blog posts tagged in defending medical license

IL license defense lawyerDoctors, nurses, and other medical professionals are required to maintain a valid medical license in order to provide treatment to patients. The requirements to obtain a license are extensive, and providers will need to remain in good standing and meet additional requirements when applying for the renewal of their medical license. Medical professionals should also be aware that they could face disciplinary action by the Illinois Medical Board, the Illinois Board of Nursing, or other divisions of the Illinois Department of Financial and Professional Regulation if they are accused of violating laws or professional standards. To avoid discipline that could result in the loss of your medical license, you will want to do the following:

  • Do not engage in unprofessional or unethical conduct - Medical providers can face discipline for a wide variety of actions that violate ethical standards or are likely to harm patients. These may include gross negligence when providing medical care, making misleading statements about a person’s qualifications or the forms of treatment they are suggesting, promoting certain drugs or medical devices for financial gain, overcharging for services, or engaging in sexual misconduct. By following accepted standards and practices and avoiding inappropriate behavior, you can ensure that you will not be accused of unprofessional conduct.
  • Do not violate the law - A conviction on felony charges may result in the suspension or revocation of a person’s medical license, even if the offense was unrelated to the practice of medicine. For example, a DUI arrest or conviction may be grounds for license discipline. A provider may also face discipline if they are accused of committing child abuse or neglect, and an investigation by the Illinois Department of Children and Family Services (DCFS) uncovers clear and convincing evidence that abuse or neglect occurred. By following the law while practicing medicine and during your personal time, you can avoid disciplinary action related to criminal charges.
  • Take care when prescribing or dispensing controlled substances - Providers may be disciplined if they have prescribed, dispensed, or administered any controlled substances for reasons other than accepted medical purposes. In addition to discipline to their medical license, providers may face the loss of their DEA registration or even criminal prosecution. To avoid these issues, you should ensure that you are following the correct practices when prescribing or dispensing controlled substances, including requiring patients who use opioids to participate in pain management plans, participating in a Prescription Drug Monitoring Program (PDMP), and making sure drugs are not prescribed or dispensed for patients who have known addictions.
  • Take care of your physical and mental health - A provider may face disciplinary action if they have any physical illness, mental illness, or disability that interferes with their ability to practice medicine. By ensuring that you are physically healthy and are receiving treatment for any mental health issues, you can avoid any concerns about your ability to provide the quality of care your patients deserve.

Contact Our Illinois Medical License Defense Attorney

Even if you follow all of the steps above, you may find yourself under investigation by the IDFPR based on claims that you have violated the standards of ethical conduct or committed other violations of state or federal laws and regulations. In these cases, you need professional legal representation by an attorney who can protect your rights and help you avoid discipline that will affect your ability to practice. The Law Offices of Joseph J. Bogdan, LLC can assist with your case, and we will work to protect your medical license and your career. Contact our Illinois professional license defense lawyer today at 630-310-1267 to arrange a complimentary consultation.

 

...

IL defense lawyerMost Illinois physicians are familiar with the Illinois Medical Board. It is where they obtained licensing status, and it is a constant concern to their practice. However, fewer people—including some doctors— know about the Federation of State Medical Boards (FSMB) and the role it plays in their lives. Learn what it is and why it is important with help from the following information.

The Federation of State Medical Boards

Each state has its own licensing board, and the Federation of State Medical Boards ties them all together. It represents the 70 medical boards in the United States and its territories, including the District of Columbia. It offers policies, education, programs, and additional services to the state boards so that they can function effectively. The FSMB also enables state-to-state sharing of physician information. By far, that sharing is likely the most concerning issue for physicians.

How FSMB Sharing Can Impact Your Practice

The FSMB sharing allows state boards to look up disciplinary actions carried out by other state boards. So, if you lose your medical license or have it suspended in one state and then try to move, you may still be barred from practicing medicine. If you come under investigation, fail to see the investigation through to completion and move, the new state may have access to that information as well. Patients can also use the FSMB to check licensing issues in other states. With this in mind, even if an investigation seems arbitrary, it is important that you protect your license to the best of your ability.

...

IL defense lawyerThe global pandemic COVID-19 has hit the U.S. especially hard, with over 199,000 confirmed cases in Illinois alone. From the beginning, this virus has led to overfilled hospital beds and overworked medical professionals. With no vaccination in sight and a high demand for doctors, nurses, and other medical professionals, the U.S. has been forced to reevaluate their licensing procedures and state-by-state restrictions. It is common for states to adopt emergency licensing processes in response to natural disasters and their aftermath. Many states have followed this trend by enacting emergency-response licensure laws to allow volunteers from other states to practice their profession without being required to seek out licensure in that specific state.

Uniform Emergency Volunteer Health Practitioner Act

The Uniform Emergency Volunteer Health Practitioner Act (UEVHPA) is legislation that was initially developed in 2006 and is being modeled by many states during the COVID-19 pandemic. This legislation allows any participating state, Illinois included, to recognize out-of-state medical licenses during a declared state emergency. All practitioners who wish to participate in this reciprocal-licensing program must register to do so.

Illinois-Specific Legislation

Aside from the UEVHPA, which has been adopted by most states during this time, Illinois has enacted a few regulations of its own. Under Gov. Pritzker’s direction, the Illinois Department of Financial and Professional Regulation is allowing healthcare workers whose licenses have recently expired to temporarily restore their licenses to assist with COVID-19 patients. Physician assistants and doctors who have expired or inactive licenses from less than three years ago are able to return to work without paying any required licensing fees or making further progress on their education requirements. Additional leeway has been given to nurses and respiratory therapists, giving them a five-year pass rather than the three-year allotment given to doctors and physician assistants.

...

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.

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