Speas Law Firm, P.A.Speas Law Firm, P.A.2024-03-13T18:09:11Zhttps://www.speaslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1200839/2021/04/cropped-new-site-identity-32x32.jpgOn Behalf of Speas Law Firm, P.A.https://www.speaslaw.com/?p=512532024-01-11T16:57:54Z2024-01-11T16:57:54ZAcknowledge the complaint promptly
When a complaint surfaces, be sure to acknowledge it promptly. Ignoring or delaying a response can exacerbate the situation. Begin by thoroughly reviewing the complaint to understand its nature and specifics. This initial step lays the foundation for a well-informed and targeted response.
Gather evidence and documentation
In crafting your response, focus on concrete evidence that supports your professional conduct. Patient or client records, communication logs and other relevant materials can help you counter the allegations. These types of evidence can strengthen your position and showcase your commitment to ethical practices.
Collaborate with colleagues and supervisors
Seek the support of colleagues and supervisors who can attest to your professionalism. Collaborative testimonials can provide additional perspectives and credibility to your response. Engage in open communication with those who can vouch for your character and work ethic. Fostering a network of support within your professional community can ensure your reputation remains intact.
Stay composed and professional
Throughout the process, maintain a composed and professional demeanor. Avoid confrontations or emotional reactions, as these can potentially harm your case. Presenting yourself as calm, rational and committed to resolving the matter will contribute to a more favorable outcome.
As of November 2023, there are 40,356 professional licensees/registrants in Minnesota's medical field. For each of these practicing professionals, upholding proper procedures in the face of complaints is necessary for preserving one's license and livelihood.]]>On Behalf of Speas Law Firm, P.A.https://www.speaslaw.com/?p=512512023-10-06T14:42:00Z2023-10-06T14:42:00ZImmediate suspension
According to the FSMS, state licensing boards issued more than 31,000 new licenses in 2022. Physicians need to protect these licenses.
Upon a DUI conviction, a medical board may impose an immediate suspension of the practitioner's license, temporarily prohibiting them from practicing medicine. The board will conduct an investigation to determine the severity of the offense and assess the impact on patient safety.
Probationary period
Following a DUI conviction, a medical board may opt for a probationary period. The board will allow the doctor to continue practicing but under strict conditions that could include regular drug and alcohol testing, mandatory attendance at rehabilitation programs and increased oversight of their medical practice.
Mandatory education and training
To ensure that a doctor understands the gravity of their actions, a medical board may require them to complete education and training programs related to substance abuse and responsible professional conduct.
Loss of hospital privileges
A DUI conviction can also result in the loss of hospital privileges. Hospitals may see a DUI conviction as a breach of hospital standards, leading to the revocation of a doctor's privileges to practice within the hospital's facilities.
Professional reputational damage
Facing a DUI conviction can lead to severe damage to a doctor's professional reputation. Patients may lose trust in the practitioner. This loss of trust can be difficult to regain and may have long-lasting effects on the doctor's career.
Doctors need to be aware of the potential consequences of a DUI conviction and take proactive steps to prevent such situations. Ultimately, prioritizing patient safety and professional integrity should always be the foremost concern for medical professionals.]]>On Behalf of Speas Law Firm, P.A.https://www.speaslaw.com/?p=512492023-07-07T19:53:10Z2023-07-07T19:53:10ZUnderstand your employer's policy
It is important to understand your employer's drug testing policy. This policy should outline the procedures for drug testing and the consequences of a failed test. Knowing this can help you understand what to expect next.
Request a retest
If you believe there was an error with your drug test, you have the right to request a retest. This can be especially important if you think the initial test resulted in a false positive, possibly due to certain medications or food.
Seek substance abuse support
If you have a substance abuse problem, it is important to seek help. Minnesota has many resources available for substance abuse treatment and counseling. Taking proactive steps to address the issue can show your commitment to your recovery and may positively impact your employer's response.
Communicate with your employer
Open communication with your employer is essential. If you have a legitimate reason for the positive test result, such as a prescription medication, share this information with your employer. If you are seeking substance abuse treatment, let your employer know.
Under Minnesota law, employers cannot immediately fire an employee for a first-time positive drug test. The law requires employers to give the employee an opportunity to participate in a counseling or rehabilitation program. Understanding your rights can help protect you from unfair treatment.]]>On Behalf of Speas Law Firm, P.A.https://www.speaslaw.com/?p=512482023-04-03T20:59:13Z2023-04-03T20:59:13Z1. When would legal sales start?
The state has not identified a start date. Even if the bill gets signed into law, a number of factors will play into actual sales. Along with the time it takes to grow the plants, the goal also remains to ensure an optimal supply before sales begin. Additionally, future retailers will need to go through a licensing process. The bill does allow people to grow marijuana, up to eight plants, in their homes for personal use only.
2. What usage rules apply?
The legislation states that only people 21 and over can use marijuana. That usage may only happen in private residences or on private property, as well as locations with marijuana licenses. Similar to alcohol laws, people could not use cannabis products in a motor vehicle on the move or on school buses or grounds.
3. How will it affect licensed professionals?
Although a legal substance, it may not mean everyone over 21 will get to participate. Employers still have the right to ensure drug-free workplaces, especially for people in safety-related roles. Every facility may differ, making it important to consult with human resources. Even if Minnesota decriminalizes marijuana, the federal government considers it illegal. Any federal employees could still get fired for marijuana use.
While the bill has significant support, including from the governor, potential rewrites and amendments may continue to slow down the process.]]>On Behalf of Speas Law Firm, P.A.https://www.speaslaw.com/?p=512422022-12-31T23:45:12Z2022-12-31T23:45:12ZMost common reason for disciplinary action
There are many reasons your nursing license could be in jeopardy. A professional conduct violation is the most common reason for disciplinary action. There are a few ways a professional conduct violation could originate, including:
A supervisor who witnessed inappropriate conduct
A complaint from a patient or their loved ones
A colleague who saw the conduct in question
An auditor or other official who observed improper conduct
These accusations can feel impossible to refute since it is your word and perception of the situation against the other person. It can feel incredibly frustrating when the person makes their complaint online after you cannot help them have a better experience.
Dealing with online complaints
Often, when a supervisor or other authority reads an online complaint about conduct, they realize that there are two sides to the story and that the situation may not be as bad as the review seems. However, that does not mean there will not be a review of the situation to determine if further action should be taken.
Depending on the accusation, you may find that the board of nursing will take the complaint seriously. It is essential to get professional support early in the process to know what to expect and how to proceed.]]>On Behalf of Speas Law Firm, P.A.https://www.speaslaw.com/?p=512402022-10-03T17:36:30Z2022-10-03T17:36:30Zloss of your license to practice medicine.
Deceiving or misleading the patient
Minnesota law prohibits practitioners from engaging in false advertising or making unsupported claims about their ability to treat or cure a medical condition. It is also against the law to mislead or lie to a patient about his or her care or treatment. A patient who believes you have been dishonest may make a complaint.
Prescribing inappropriate treatment
A patient may complain that you prescribed the wrong drug or therapy for his or her diagnosis. Prescribing a drug or medical device for an unauthorized purpose can result in disciplinary action.
Sexual abuse or harassment
A complaint of sexual harassment or assault can end your medical career if the board finds it to be valid. Sexual abuse may consist of suggestive remarks, inappropriate physical contact or performing unnecessary examinations.
Employing unlicensed practitioners
In this case, a patient complaint can affect you even if it does not concern you directly. Physicians in Minnesota can face disciplinary action for "aiding and abetting" an unlicensed practitioner. If you own a practice and employ someone who does not have the appropriate licensure, you could lose your license.
If you have been the subject of a patient complaint, you should be prepared to fight for your career and reputation.]]>On Behalf of Speas Law Firm, P.A.https://www.speaslaw.com/?p=512282022-07-14T02:47:35Z2022-07-14T02:47:35ZExposure and accessibility
High levels of exposure and accessibility to medications may put some pharmacy workers at risk for abusing one or more of those drugs. In addition, the stress of healthcare jobs in general, which leave little room for error, may make an already vulnerable person more likely to turn to substances to cope with stress and anxiety.
Regulations to prevent misuse
Like all health care professions, the pharmacy field has many rules and regulations that workers must follow in order to keep their licenses and remain in business. For example, many states have electronic databases that they monitor to ensure that pharmacies can account for all controlled substances. This is to help prevent not only misuse by patients but by employees as well.
When someone works in a professional field that requires licensure, it is important that they are aware of any risks involved that could threaten their license and, therefore, their livelihood. For pharmacy workers, this involves being cognizant of substance use disorders and adhering to the policies in place to help prevent misuse.]]>On Behalf of Speas Law Firm, P.A.https://www.speaslaw.com/?p=512192022-04-11T02:31:48Z2022-04-11T02:31:48Zthe policy and adhere to it.
Restrictions
For the most part, HIPAA restrictions come down to what your patients are okay with. Your patients have the right to determine how you transmit their information and what information should stay confidential. You also must let your patients know about any information disclosures if they ask. On top of this, you should always make sure that any medical databases, voicemails, emails and faxes are secure.
Exceptions
You may run into cases where you have to share information that you thought was confidential. It can be tricky to know what to do in an emergency situation, but if you can prove that you had to share information to protect your patient, the law should not penalize you for doing so. You may also share information with other healthcare providers who are handling your patient's case; you just have to make sure people outside of the team cannot see or hear any of the details.
You can only have healthy relations with your patients when they trust you. Respecting your patients' rights should help you not only with keeping your license, but also maintaining a fruitful career.]]>On Behalf of Speas Law Firm, P.A.https://www.speaslaw.com/?p=511822022-01-20T00:54:04Z2022-01-20T00:54:04Zlose your nurse's license in Minnesota?
Reasons the board may discipline a nurse
The Minnesota Board of Nursing administers nursing license approvals and renewals. The board may suspend, limit, deny, revoke or condition the nursing license and registration of any person on several grounds that could be relevant to a DWI conviction:
Conviction of a felony or gross misdemeanor related to the practice of nursing
Inability to perform professional or practical nursing safely due to use of alcohol, drugs or chemicals
Engaging in unprofessional conduct
Engaging in unethical conduct
Discretion of the board
There is no automatic suspension of a nurse's license due to a DWI conviction in Minnesota. However, the board has the discretion to take action if it believes that the behavior that led to the DWI conviction violates a rule. For example, if you receive a DWI, the board may ask you about your alcohol use and require you to complete a treatment program if it determines that you can not safely do your job because of a substance abuse problem. Failure to disclose information about your substance abuse issue or to complete a required program could result in loss of license.
While a DWI conviction will not automatically cost you your nursing license, it can have serious consequences for your career. It is important to be aware of the regulations imposed by the nursing board and your employer.]]>On Behalf of Speas Law Firm, P.A.https://www.speaslaw.com/?p=511262021-10-13T19:06:29Z2021-10-13T19:06:29Z
Forging a prescription
Stealing a prescription pad
Stealing a prescription (either the medication or the prescription itself) from another individual
Identity theft to obtain a filled prescription from a pharmacy
The increasing popularity of telemedicine has added numerous layers of complexity to the potential fraud. Is the patient “doctor shopping” at various online outlets? Is the patient altering photos or simulating symptoms that it might be easier to fake online versus a personal examination? Is the patient logging in as a different individual, perhaps taking advantage of this individual’s documented medical history? It is a complex legal area.
Does this impact medical professionals?
Numerous medical facilities, physicians, companies and insurance carriers offer different types of telemedicine services. Unfortunately, there are numerous stages at which fraud could lead to criminal penalties and the loss of a professional license, including:
Overbilling
Overprescribing
Falsified documents
Falsified timelines
Billing for a meeting that never occurred
Billing for a more expensive service than was necessary
Accepting kickbacks for patient referrals or prescriptions
Whether these are mistakes or carefully laid plans, the penalties for prescription fraud can be devastating for both a patient and a healthcare provider.]]>