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Consult With an Attorney Before Voluntarily Surrendering Your DEA Registration and Signing a DEA 104 Form
In 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 Administration (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.
What Does a Healthcare Professional Do When They Are Notified By the OIG That They May Be Excluded From Medicare or Medicaid?
First, 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.
The Most Common Forms of Dentistry Error
Every 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.
Avoiding Accusations of Nursing Home Negligence
Here 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.
Protecting Your Clinical Psychology License in Illinois
Throughout 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:
Are Medical Licenses in Jeopardy after a Malpractice Lawsuit?
One 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.
Are You a Nurse in Violation of the Scope of Practice?
Nursing 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.
For example, an RN’s scope of practice includes:
Number One Mistake Professionals Make When Being Investigated
Learning 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.
Addiction Among Medical Professionals Is Common and Dangerous
Some 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
In the United States, more than 100,000 doctors, nurses, technicians, and other health professionals are battling substance abuse or addiction. It is said that most health professionals struggle with abusing narcotics such as Oxycodone and Fentanyl.
Expunging Public Disciplines from IDFPR-Issued Licenses
The 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, Inc. 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.
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