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Professional Licensing Issues Related to the Prescribing and Abuse of Controlled Substances Powerpoint

What Should I Do if the IDFPR Says I Stand Accused of Wrongdoing?

Illinois Attorney for Professional License Defense

If you have been contacted by the Illinois Department of Financial and Professional Regulation (IDFPR) and informed that you are under investigation, the first step you should take is to contact a skilled and experienced attorney who is familiar with this field of law. At The Law Offices of Joseph J. Bogdan, LLC, we will act immediately to help you preserve your professional license and your reputation.

IDFPR Investigations

When determining the best steps to take when defending your professional license, you will want to be sure to understand who exactly is performing the investigation and what they are investigating. The IDFPR may investigate a wide variety of issues related to complaints filed with the Department, including those involving professional malpractice, tax fraud or non-payment, allegations related to substance abuse, violations of patient boundaries, billing fraud, and disciplinary actions by other licensing agencies or federal healthcare programs.

During an investigation, you should be cautious about making any statements to IDFPR investigators or prosecutors. Investigators are trained in obtaining information from licensees about any allegations or complaints, and even statements made that are intended to help your case could potentially be used against you. However, you have the right to notify investigators or prosecutors that you are being represented by an attorney and that your attorney will speak to them on your behalf throughout the rest of the investigation.

Defense Strategies During an IDFPR Investigation

When you work with The Law Offices of Joseph J. Bogdan, LLC, we will gather as many facts as possible about your case. This will include a detailed narrative of the events that led to the complaint, along with supporting documentation and the names of anyone involved. We will also obtain as much information as possible from the investigator, including the specific allegations and the identity of the person who made the complaint.

With this information on hand, we will help determine how to achieve the best possible outcome. Ideally, we will try to have the case closed without any disciplinary action being taken by the licensing board. If this is not possible, we will work to negotiate a private, non-disciplinary settlement that may a formal warning, fines, continuing education, or medical treatment. If public discipline cannot be avoided, we will work to minimize the potential disciplinary actions, which may include a public reprimand, a fine, ongoing medical treatment, a practice monitor, or a suspension.

Contact an IDFPR Defense Attorney

When you are under investigation of any form of wrongdoing by the IDFPR, you need to take quick action and secure legal representation. The Law Offices of Joseph J. Bogdan, LLC can provide you with experienced defense against discipline to your professional license, helping you reach an outcome that will protect your career and your reputation. Contact us today by calling 630-310-1267.

What Constitutes Unlawful Dispensation of a Controlled Substance?

Illinois Attorney for Pharmacists and Prescribers Under DEA Investigation

If you operate a pharmacy or are a healthcare professional who dispenses prescriptions, it is critical to follow all state and federal protocols that govern these practices. According to Illinois law, for a controlled substance prescription to be valid, it must be issued to an individual for verifiable medical reasons, and it must be issued by a practitioner who is adhering to standard professional procedures.

Those who violate these policies can be subject to professional license suspension or revocation and possible criminal charges. If you face allegations of misconduct, The Law Offices of Joseph J. Bogdan, LLC can help. Attorney Bogdan is a registered pharmacist and former Illinois Department of Professional Regulation prosecutor, and he has successfully defended medical professionals for nearly 20 years. His extensive experience includes Drug Enforcement Administration administrative hearings and Illinois Department of Financial & Professional Regulation compliance.

What Is Unlawful Dispensing of a Controlled Substance?

This allegation can stem from:

  • Dispensing without good faith, such as a non-physician prescriber relationship with the patient, frequent filling of prescriptions for the same drug for many patients, unusual quantities and dosages, unconventional geographic distances for patients, and consistent prescribing of potentially addictive drugs;
  • Dispensing to fulfill a known addiction;
  • Dispensing outside the scope of the prescriber's normal practice;
  • Dispensing without a prescription; and
  • Dispensing a prescription written by a prescriber to a known family member.

Possible Punishments for Unlawful Dispensing

An individual who knowingly fills a prescription such as those listed above is considered not to be dispensing a drug in good faith. The person who issued the prescription is subject to the applicable penalties for violations of the laws relating to controlled substances. A pharmacist who allegedly filled a prescription when they had or should have had reasons to believe the prescription was not issued because of a legitimate medical purpose may also face criminal prosecution, along with the medical professional who issued the prescription, for the knowing and intentional distribution of controlled substances. This can be charged as a felony, and in addition to discipline to a doctor or pharmicist's professional license, a person convicted of this crime may face fines, prosecution, and/or imprisonment.

How a Professional License Defense Attorney Can Help

Attorney Joseph J. Bogdan helps clients with federal DEA issues related to both prescribing by medical professionals and the pharmacies that dispense prescriptions. In both instances, the primary issue is the individual's DEA registration. Attorney Bogdan assists clients in addressing the concerns of the DEA.

In state matters, Attorney Bogdan assists pharmacists and medical professionals in addressing complaints filed against their Illinois Controlled Substance license. A prescriber or pharmacy needs this license to have a DEA registration.

Contact an Illinois DEA Investigation Defense Attorney

When a medical professional's license, career, reputation, and even freedom hang in the balance, it is essential to secure skilled legal guidance from a lawyer who has experience defending subjects of these types of cases. If this is the situation you face, The Law Offices of Joseph J. Bogdan is here to help. For a free consultation with an Illinois healthcare license defense lawyer, contact us today by calling 630-310-1267.

What Happens at a DEA Administrative Hearing?

Illinois License Defense Attorney for Clients Under Drug Enforcement Administration Investigation

As a healthcare provider, finding out you are being investigated by the DEA can be an intimidating and frightening experience, even if you have done nothing wrong. When you receive notification that you are the subject of a federal investigation, it is imperative you entrust your case to the The Law Offices of Joseph J. Bogdan, LLC.

Attorney Bogdan is a registered pharmacist and former Illinois Department of Professional Regulation prosecutor, with nearly two decades as a successful defender of medical professionals. As an Illinois Pharmacist Association board member, he is often called as an expert witness in pharmacy, medical, malpractice, and other cases. He also serves as a pharmacy law instructor at multiple Chicago-area universities.

If you recently received notice that you face a DEA administrative hearing, here is what you can expect:

DEA Administrative Hearings

The scheduling and structure of a DEA administrative hearing is similar to a regular trial. Your appearance dates are determined, discovery periods for the accumulation of evidence are scheduled, and witnesses are presented. Your case will be heard by a federal administrative law judge, who will make a final decision in the case.

Contact an Illinois DEA Investigation Defense Lawyer

When your professional license, reputation, and career are at stake, you need adept legal representation from an attorney who has investigated, prosecuted and defended subjects of disciplinary hearings. With The Law Offices of Joseph J. Bogdan, you will see why many other law firms and lawyers in the field come to Attorney Bogdan for advice. To speak with an Illinois healthcare license defense attorney about your case, contact us to schedule a free consultation by calling 630-310-1267 today.

How Can a Prescriber or Pharmacy Fight DEA License Suspension or Revocation?

Illinois Lawyer for Healthcare Providers Under Drug Enforcement Administration Investigation

If you are a healthcare professional whose license is under review as part of a DEA audit or investigation, your career may be in jeopardy without experienced legal guidance and skilled representation. The first step in preserving your license and reputation is to act quickly and contact The Law Offices of Joseph J. Bogdan, LLC as soon as possible.

DEA License Hearings

To achieve a favorable outcome, it is imperative you enlist the help of an attorney who specializes in this area of law. As a registered pharmacist and former Illinois Department of Professional Regulation prosecutor, Attorney Joseph J. Bogdan is who you want by your side. His nearly two decades of protecting the licenses of prescribers and pharmacists can prove invaluable in your case.

Attorney Bogdan can file a request for a DEA administrative hearing, and then negotiate with the DEA and reapply for registration. The structure and schedule of a DEA hearing are comparable to a regular trial. Your court appearances are decided, discovery periods for evidence collection are set, and various witnesses are presented. A federal administrative law judge will hear your case and issue a final ruling based on all provided evidence and testimony.

Hiring DEA Assistance in Illinois

Penalties for noncompliance from the Drug Enforcement Administration can be substantial. This includes professional license and DEA registration suspension or revocation, probation, or in the most severe judgments, incarceration. With his extensive medical and legal experience, Attorney Joseph J. Bogdan has aided many healthcare professionals in DEA-related cases, including:

  • DEA registration applications, renewals, and denials;
  • DEA audits and investigations;
  • DEA license suspension or revocation orders;
  • DEA orders to show cause;
  • Drug trafficking and drug diversion;
  • Illegal dispensing of a controlled substance;
  • Conspiracy to possess, dispense, or distribute a controlled substance; and
  • DEA administrative hearings.

Prescribers and pharmacies are under heightened scrutiny for compliance from the DEA due to increased utilization of electronic records and data mining within the industry. Violations and insufficient remedies can lead to the shutdown of a healthcare provider's business. To prevent this from happening to you, contact the Law Offices of Joseph J. Bogdan, LLC. With your professional future at stake, you can depend on Attorney Bogdan's vast knowledge of DEA regulations in securing the best possible outcome for your situation.

Contact an Illinois DEA Investigation Lawyer

Regardless of the allegations you face, quick action is critical if the Drug Enforcement Administration has sent you a notice that you are under investigation. With Attorney Joseph J. Bogdan, you get a dedicated lawyer with valuable experience in the defense, prosecution, and investigation of license suspension and revocation cases. There is a reason why other law firms seek the advice of Attorney Bogdan in medical licensing matters, and why clients have trusted his legal guidance for nearly 20 years. To begin your defense today, and to learn how an Illinois DEA audit attorney can help you, contact us at 630-310-1267 for an free consultation.

What Should a Prescriber or Pharmacy Do if Informed of a DEA Audit or Investigation?

Attorney for Illinois Healthcare Providers Under Drug Enforcement Administration Probe

It can be a daunting feeling if you are a medical professional who has received notice from the DEA that you are under audit or investigation, or that you must appear at a DDEA administrative hearing. Because your career can hang in the balance, it is critical to act quickly by contacting the Law Offices of Joseph J. Bogdan, LLC.

DEA Investigation Process

Limit your conversations with investigators until you consult with Attorney Joseph J. Bogdan, a registered pharmacist and former prosecutor with the Illinois Department of Professional Regulation. Attorney Bogdan is the legal advocate to have by your side, with nearly two decades of defending healthcare professionals and protecting their licenses.

If you have personal interaction with DEA investigators, do not sign anything, including a DEA 104 form, which voluntarily relinquishes your DEA registration. The DEA typically works with the Illinois Department of Financial and Professional Regulation (IDFPR) and the Illinois Board of Pharmacy. The IDFPR may open a case along with the DEA investigation or audit. Make sure you save all the records you receive from the DEA.

Contact an Illinois DEA Audit Attorney

Immediate action is imperative when informed you are the subject of a DEA investigation. When you enlist the adept legal guidance and aggressive representation of The Law Offices of Joseph J. Bogdan, LLC, you get a lawyer who has investigated, prosecuted and defended many individuals facing potential license suspension or revocation. Entrust your case to a skilled attorney who other law firms ask for advice in licensing matters. For a free consultation with accomplished Illinois healthcare defense lawyer Joseph J. Bogdan, contact us at 630-310-1267 today.

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