Nurses: Contact an Experienced Health Law Attorney Before Signing an IPN Contract
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Impaired Practitioner Program for Nurses, formerly known as the Intervention Project for Nurses or “IPN,” was established via legislative action in 1984 to assist, treat and monitor impaired nursing professionals. This impairment may be the result of […]
Former Texas Official Sentenced for Retaliation Against Nurses
According to ABC News, Scott Tidwell, a former West Texas county attorney, will serve four months in jail and 10 years of probation for retaliating against two nurses. The nurses filed an anonymous complaint to state medical regulators against a doctor who used herbal remedies and hospital supplies to perform at-home procedures. The doctor then […]
Nurses: Insuring Your Legal Protection
Though many nurses pursue a career in nursing hoping that they will never face disciplinary charges, any number of events not in a nurse’s control can lead to an investigation or administrative action. Nurses need to make sure they are covered if this ever occurs, with appropriate insurance. The primary reason that a nurse should […]
Nurses Rx: Medication Administration
From George Indest’s Nursing Law Manual Nurses face a busy schedule often including a long list of patients and extensive work hours. As a result, they can become overworked and overtired, which may lead to mistakes when carrying out essential job duties like administering medication. An Institute of Medicine (IOM) report titled To Err is […]
Orlando Health’s Restructuring Efforts Might Mean Pay Cuts and Layoffs for Employees
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Many employees at Orlando Health might be getting hit hard in the wallet with pay cuts schedule for later this year. According to the Orlando Sentinel, the eight-hospital health system notified its night-shift workers that their differential pay […]
Health Care Professionals and Providers Beware: The Health Care Fraud Prevention and Enforcement Action Team (HEAT) Is Catching Fire
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In May 2009, the Department of Health and Humans Services (HHS) and the Department of Justice (DOJ) created the Health Care Fraud Prevention and Enforcement Action Team (HEAT). HEAT’s mission is to focus its efforts on preventing and […]
Strike Force Busts 89 People, Mostly Health Care Professionals, in Nationwide Crackdown on Medicare Fraud
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In a nationwide takedown nearly 100 people, including doctors, nurses and other medical professionals, in eight cities were all allegedly charged in separate Medicare fraud schemes. These individual scams involved approximately $223 million in false billing, according to […]
Nurses: Advanced Practice May Mean Advanced Legal Issues
From George Indest’s Nursing Law Manual The advanced nurse is a registered nurse (RN) who has completed some form of advanced nursing education and training. Two types of advanced nurses are the advanced registered nurse practitioner (ARNP) and the certified nurse specialist. In Florida, there are three types of certified nurse specialists: certified registered nurse […]
Nurses Take a Look at This Disciplinary Action Database
By Christopher E. Brown, J.D. Nurses, did you know the National Council of State Boards of Nursing (NCSBN) maintains a database of all state disciplinary actions? This database, called Licensure QuickConfirm, lists all disciplinary actions from the Florida Board of Nursing and forty-six (46) other state boards. It is frequently used by hospitals and medical […]
The Collateral Effects of Voluntary Relinquishment with Investigation Pending or other Discipline on Your Massage Therapy License
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Many massage therapists are unaware of the drastic long-term effects that discipline on their massage therapist license could have. This includes submitting a voluntary relinquishment of the massage therapist’s license while there is an investigation pending or while […]
New Professional Liability Insurance Benefits for Health Professionals
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law I have been pleasantly surprised recently to discover that several professional liability insurance companies have raised their coverage amounts and added coverage in areas sorely needed by health professionals. I’m referring to coverage for incidents not necessarily related […]
VA Physicians and Health Professionals Should Fight Allegations of Substandard Care in Peer Review Matters
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law I have represented physicians, psychologists, nurse practitioners, nurses and other health professionals working in Veterans Administration (VA) medical centers and clinics throughout the United States. My representation has included personnel and employment issues, disciplinary actions, investigations, peer review […]
How Disciplinary Actions are Initiated Against a Florida Nurse
There are many possible grounds for which disciplinary action may be initiated against a nurse in Florida. It is important to be familiar with these so that you can avoid them. You should review and be very familiar with all of the Florida laws and the Florida Board of Nursing’s Rules that appear in the […]
Your Professional Nursing License May Be Your Most Valuable Asset; Insure It!
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Suppose you had an item that you really wanted but was very expensive. Suppose this item cost you $80,000. Perhaps you took out a loan in order to pay for the item. Suppose in addition to paying $80,000 […]
Nurses: Don’t Work at an Illegal Health Care Clinic
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Despite the passage of Florida’s Health Care Clinic Act over nine years ago, there are still many health practices which are violating it. Unfortunately, the violation of the Health Care Clinic Act can have serious repercussions, including conviction […]
The 27 Biggest Mistakes Nurses Make in Department of Health Investigations
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Following are the 27 biggest mistakes that we have seen nurses make over and over again that cause them the worst trouble in DOH investigations. 1. Failing to keep a current, valid address on file with the DOH […]
Florida Nurse Accused of Abusing Patient
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A Florida State Hospital licensed practical nurse (LPN) has been arrested and charged with one count of abuse of a disabled adult at the facility. The nurse was arrested on a felony warrant by the Attorney General’s Medicaid Fraud […]
Nurses Beware of a Disciplinary Action Database Called Licensure QuickConfirm
By Christopher E. Brown, J.D. Nurses, did you know the National Council of State Boards of Nursing (NCSBN) maintains a database of all state disciplinary actions? This database, called Licensure QuickConfirm, lists all disciplinary actions from the Florida Board of Nursing and forty-six (46) other state boards. It is frequently used by hospitals and medical […]
Almost 19% of Nurse Aides Charged with Abuse and Neglect, had Prior Criminal Records
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A report released by the Department of Health and Human Services (HHS) Office of Inspector General (OIG) on October 5, 2012, found that nineteen percent (19%) of long-term care nurse aides who were found guilty of on-the-job abuse, […]
What Happens at a Board of Nursing Meeting?
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Florida Department of Health has many boards which regulate various licensed health care professions. One of the boards that makes up the Department of Health is the Board of Nursing. The Board of Nursing regulates the nursing profession. The […]
Nurses: Locate a Healthcare Providers Service Organization (HPSO) Insurance Defense Attorney in Florida Company Cases
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We are sometimes told by the health professionals we represent especially pharmacists, licensed mental health counselors (LMHCs), advanced registered nurse practitioners (ARNPs), massage therapists and physical therapists that after they received a complaint regarding their license from the […]
Nurses Service Organization (NSO) Attorneys, Lawyers and Defense Council in Florida
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Often we learn after the fact that a health professional such as nurses, advance registered nurse practitioners (ARNPs), certified registered nurse practitioners (CRNPs) and nurse midwives (NMs) has received Nurses Service Organization (NSO) insurance, has had a legal […]
Adverse Consequences of Discipline Against Your Nursing License
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law If the Florida Department of Health (DOH) takes discipline against your Florida nursing license, this will have many significant consequences. Investigation and Discipline of Other State Licenses. The discipline will be reported to every other state in which […]
Nursing Professionals Cannot Afford to Not Carry Nursing Malpractice Insurance
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Nurses: Please Protect Yourself With Professional Liability Insurance. I am writing to strongly encourage you to purchase nursing professional liability insurance that covers you for complaints and investigations initiated against you and your nursing license. I am not […]
Advice for Nurses Regarding Department of Health Investigations
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We see and hear about a lot of incorrect legal advice being given to nurses regarding what they should do if they are being investigated. The incorrect advice being given even includes mailings they may have received containing […]
Preparing for an Informal Hearing Before the Board of Nursing
by George F. Indest III, J.D., M.P.A., LL.M. Board Certified by The Florida Bar in Health Law If you are scheduled to appear for an informal hearing before the Florida Board of Nursing, there are a number of facts that you will want to know in order to be properly prepared. This article will cover […]
The “Seven Rights” of Patient Medication
There is a checklist every nurse should learn called the “Seven Rights of Medication.” If this checklist is memorized and followed in every case, medication errors would be significantly reduced or eliminated altogether. Every nurse and nursing student should memorize this list and go through it in her mind every time a patient is administered […]
Nurses: Protect Yourself Against Medication Errors
Nurses face a busy schedule often including a long list of patients and extensive work hours. As a result, they can become overworked and overtired, which may lead to a higher risk of making a mistake when administering medication. An Institute of Medicine (IOM) report titled To Err is Human: Building a Safer Health System (IOM, Dec. 1999) […]
Nurses, No More Excuses: Get Personal Professional Liability Insurance Policy Now-Part 2
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Nurses, I am writing this to strongly encourage you to purchase your own professional liability insurance policy. I have noticed many nurses fail to carry any insurance to protect one of their most precious assets, their nursing licenses. […]
Nurses, No More Excuses: Get a Personal Professional Liability Insurance Policy Now-Part 1
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law To protect yourself from automobile accidents, you carry auto liability insurance. To protect your home from fire, storms and other accidents, you carry homeowners’ insurance. However, I have noticed many nurses fail to carry any insurance to protect […]
Think You Have Professional Liability Insurance Through Your Employer? Think Again, Nurse!
By Joanne Kenna, R.N., J.D., The Health Law Firm Not a week goes by without a call coming into the firm from a nurse whose license is under investigation for some reason or another. The nurse is generally dumbfounded that this has happened. “But I’m a good nurse. I never thought this could happen to […]
Terrible Things That Can Happen after Discipline on Your Nursing License or Resignation of a Nursing License after Notice of Investigation
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Kudos to Wyoming State Board of Nursing for its Accurate Information on its Website for Nurses
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North Florida Nurse Arrested for Neglecting Elderly Patient
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law An investigation led by the Attorney General’s Medicaid Fraud Control Unit (MFCU) ended with an arrest of a north Florida registered nurse (RN), in Suwannee County. The arrest was based on allegations of failing to assess and monitor […]
Tips, Pointers and Reminders for Administrative Hearings
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Formal administrative hearings are one of the options provided to a person who has significant (or substantial) interests that will be affected by agency action and who contests the material facts involved in the case. In this blog, we […]