A Sampling Of Cases From The Law Offices Of Brian E. Quinn
Although these are actual results we obtained for our clients, every case is unique and the facts of your case may result in a different outcome. We think these cases exhibit our familiarity with the kinds of problems that affect healthcare professionals, our knowledge of their licensing issues, and the procedures involved in resolving them.
PHYSICIAN ASSISTANT – A We represented a PA who was intoxicated on the job. He was admitted to the emergency room where he worked for alcohol withdrawal. He was reported to the State Board of Medicine which referred the PA to the Professional Health Monitoring Program (PHMP). The PHMP advised the PA that he would need to go to inpatient drug and alcohol treatment for a minimum of 30 days. The PA wasn’t able to do this because he would lose his job. We were able to assist the PA in designing a recovery program and we delayed any action by the Board. Eventually, the PA was permitted to join the Voluntary Recovery Program without participating in Inpatient Treatment. The PA did not miss any time from work.
DOCTOR OF OSTEOPATHIC MEDICINE – A We represented a DO before the Board who pled guilty in Federal Court to 2 Counts of Healthcare Fraud and 2 counts of distribution of a controlled substance to patients outside the usual course of professional practice without a legitimate medical purpose. After the DO was sentenced to probation in Federal Court, the Board prosecutor filed, and was granted, an Order of Automatic Suspension, suspending the DO’s license immediately. We filed an Answer to this Petition and the Board ultimately vacated the suspension and reinstated the DO’s license. The Board prosecutor then filed a disciplinary petition against the DO and a hearing was held. We presented over 200 character letters as well as witnesses who testified on behalf of the DO. The prosecutor was seeking a three-year suspension. The hearing officer issued an order revoking the DO’s license. We immediately filed a 29 page Application for Review and an Application for Stay with the Board. The Board, in a 15 page Final Memorandum Opinion and Order, adopted many of our arguments, vacated the revocation issued by the Hearing Officer, and placed the DO on two years’ probation.
NURSE PRACTITIONER – A nurse practitioner was charged with driving under the influence with his two minor children in the car. We negotiated a sentence which allowed the nurse practitioner to not miss any time from work. After the arrest, the Nursing Board sent the nurse practitioner paperwork to join the VRP (Voluntary Recovery Program). After thoroughly discussing his situation, the nurse practitioner declined the VRP. The Nursing Board then obtained an order directing the nurse practitioner to undergo a mental/physical exam. We prepared the nurse practitioner for the exam and the doctor who performed the exam agreed with us that there was no impairment. No action was taken against the nurse practitioner’s license.
REGISTERED NURSE – A registered nurse, who while employed at a nursing home, was accused of physically abusing a patient. The Board of Nursing filed an order to show cause against the nurse seeking to suspend his license. We filed an answer, and requested copies of all relevant paperwork. We performed an independent investigation of our own which proved that our client was not guilty of the charges. The Board of Nursing eventually withdrew the order to show cause against our client.
DENTIST – A dentist was charged with operating a watercraft while under the influence. The dentist retained us after his criminal action was concluded and after he was sent a letter by the Voluntary Recovery Program (VRP) requesting that he join the Impaired Physicians Group. We advised the dentist not to enter the VRP. The Dental Board entered an Order for the dentist to attend a mental/physical exam. We prepared the dentist for the exam, accumulated the necessary documents to support our position that the dentist did not have an alcohol problem. The doctor performing the Mental/Physical exam agreed with us and no action was taken against the dentist.
MEDICAL DOCTOR – A medical doctor was charged with driving under the Influence with a blood alcohol level of .187, which is over twice the legal limit. Within days of his arrest, the doctor received a letter from the Professional Health Monitoring Program requesting that he join the Voluntary Recovery Program (VRP). This was the doctor’s third DUI arrest. After several court appearances, we were able to have the criminal case dismissed. We advised the doctor not to participate in the VRP program. The prosecutor for the Department of State, which oversees the medical board, eventually declined to prosecute.
REGISTERED NURSE – A registered nurse had her nursing license suspended for a violation of the Voluntary Recovery Program (VRP) due to relapse on alcohol use. The prosecutor originally wanted a three year suspension. After the relapse, we had the registered nurse immediately go back into treatment. We were able to show the prosecutor that the relapse was unlikely to occur again as a result of the nurse’s commitment to staying sober. Three months after the nurse was suspended, we were able to get her reinstated to practice nursing.
REGISTERED NURSE – A registered nurse working for a home healthcare company was accused of fraudulent billing and abandoning a patient. Our client denied the allegations. We spoke with the investigator for the Board of Nursing and provided a letter detailing our position including providing supporting documentation to show the charges had no merit. The Board of Nursing closed the file without prosecuting our client. This case along with others, shows the benefit of hiring an experienced attorney before talking to any investigators for the Board of Nursing.
REGISTERED NURSE – A registered nurse retained us after she was convicted of driving under the influence of the use of alcohol and benzodiazepines. Based on our advice, the nurse declined to participate in the VRP. The nurse was required to undergo a mental/physical examination by the Nursing Board. We prepared the nurse for the exam, submitted extensive documentation to the doctor performing the exam and were able to show that this was a one-time event. No charges were filed against the nurse and she missed no time from work.
MEDICAL DOCTOR – A physician was sanctioned by the Medical Board in her home state. The Pennsylvania Board of Medicine filed an order to show cause against her seeking to suspend her privileges in Pennsylvania. We negotiated a settlement in Pennsylvania which included no loss of license.
VETERINARIAN – A veterinarian was convicted of two DUIs in her home state. She was applying for licensure in Pennsylvania in order to accept a residency program at a local university. The Pennsylvania State Board of Veterinarian Medicine, through the Professional Health Monitoring Program, initially requested that the client enroll in the Voluntary Recovery Program. We successfully negotiated a settlement wherein our client was permitted to withdraw his application for licensure and still maintain full privileges in the university residency program.
MEDICAL DOCTOR – We represented a physician who was accused of unprofessional conduct, incompetence and false statements to a patient who was under the doctor’s care in a local emergency room. We reviewed the patient’s medical chart, interviewed all potential witnesses and advised the doctor not to speak with the Bureau of Enforcement and Investigations, the agency which investigates these complaints. We submitted a detailed letter to the assigned professional conduct investigator denying the allegations and providing a detailed analysis of the evidence. As a result, the Bureau of Professional and Occupational Affairs closed the file without any disciplinary action against our client.
CERTIFIED REGISTERED NURSE PRACTITIONER – A certified registered nurse practitioner (C.R.N.P.) admitted to prescribing controlled substances for himself. We met with the nurse practitioner, reviewed his medical records, drug and alcohol history, past job evaluations and advised the nurse practitioner about the independent mental and physical examination the Nursing Board ordered him to attend. After a thorough analysis of the situation, we advised the nurse practitioner against enrolling in the Voluntary Recovery Program (VRP). No charges were filed. The nurse practitioner missed no time from work.
MEDICAL SCHOOL GRADUATE – A graduate of a medical school was applying for a residency program in several different states. The applicant had several contacts with the criminal justice system dating back to his teenage years. We reviewed all of the paperwork on the criminal matters, reviewed the applications for the various institutions and advised the medical student how to respond to the various medical license applications.
MEDICAL DOCTOR – We represented a physician with a graduate medical training license who was arrested on a DUI in upstate Pennsylvania. We worked with the physician’s criminal attorney who was then able to negotiate special terms on the DUI which then allowed the physician to continue to practice without restrictions.
MEDICAL DOCTOR – We represented an out-of-state physician who was accepted for and ready to start a fellowship in Pennsylvania. He had a recent out-of-state DUI conviction. We reviewed all of the underlying criminal paperwork, advised the physician on his options and facilitated an independent evaluation with a drug and alcohol counselor who reported that the physician was at a low risk for recidivism and was not a problem drinker. The physician was subsequently granted a Pennsylvania medical license without restrictions.
MEDICAL DOCTOR – An out-of-state physician was disciplined in another jurisdiction for errors committed while in that jurisdiction. Pennsylvania initiated an action against the physician seeking to suspend his Pennsylvania medical license. We negotiated a disposition on behalf of the physician placing him on probation and allowing him to continue to practice medicine in Pennsylvania.
REGISTERED NURSE – A nurse was diverting drugs from the hospital where she worked. We persuaded the prosecutor to allow our client to enter the Voluntary Recovery Program (VRP).
REGISTERED NURSE – After pleading guilty to Section 17 of the Drug Act, charging him with knowing and intentionally possessing a controlled substance and diversion of narcotics from his job, a nurse retained us to represent him after he was automatically suspended by the BPOA for this conviction. We negotiated a settlement wherein he was permitted to retain his nursing license and resume working. If the nurse retains us as soon as he is arrested, we are sometimes able to negotiate the criminal charges so that an automatic suspension can be avoided.
REGISTERED NURSE – We represented a nurse who violated the Voluntary Recovery Program (VRP) Agreement by failing to show up for 15 scheduled urine tests and failing to submit support group attendance sheets. The nurse was automatically suspended for three years. We filed a response to the petition for appropriate relief and requested a hearing. We appeared at the hearing ready to present the testimony of an addiction’s doctor as well as several character witnesses and we were able to negotiate full reinstatement to the VRP Program for an additional 10 months along with an immediate return to work. The petition for appropriate relief was withdrawn and the nurse’s name was removed from the national data bank as being in suspended status.
PHYSICIAN ASSISTANT – A physician assistant was convicted of driving under the influence for the second time. His blood alcohol level was greater than .16. This was a violation of the VRP Agreement he signed and he was immediately suspended after his conviction. We appealed the suspension and requested a hearing. During his hearing, we presented extensive evidence of his rehabilitation, including the testimony of his treating doctor, PHP Monitor, employer and several other witnesses. The hearing examiner agreed with our position that the client should be reinstated to allow him to work as a physician assistant and he was put on probation, The Medical Board affirmed this decision.
MEDICAL DOCTOR – A doctor was diverting drugs from the hospital that he worked in. The doctor was arrested by the DEA and charged in federal court with 11 counts of obtaining a controlled substance by misrepresentation or fraud, which is a felony offense. A felony conviction would have resulted in an automatic 10-year suspension from practicing medicine. We were able to negotiate an agreement with the U.S. Attorney’s Office under which the doctor entered a guilty plea to a misdemeanor charge of possession, thereby allowing the doctor to maintain his license.
REGISTERED NURSE – A nurse was convicted of driving under the influence. She then received an application for involvement in the VRP Program. After a thorough consultation and review of all records, because we advised her against signing the VRP Agreement, the Department of State eventually declined prosecution.
REGISTERED NURSE – A nurse was contacted by an investigator for the Department of State for diverting controlled substances from the hospital where she worked. We interceded and advised her not to speak to the investigator and we accompanied her to a physical and mental examination ordered by the State Board of Nursing. No charges were filed. She missed no time from her job.
REGISTERED NURSE – We represented a nurse charged with driving under the influence. We successfully argued in court that there was no probable cause to make the stop, and the charges were dismissed. We were able to advise the nurse on how to respond to questions in the license renewal application so as not to jeopardize her license.
PHYSICIAN ASSISTANT – A physician assistant was accused of diverting medication. We presented 15 witnesses at the hearing and an additional 65 character letters. The hearing officer ruled against us and we appealed to the Medical Board, which then found in our favor, and exonerated the physician assistant of all charges.
DOCTOR OF OSTEOPATHIC MEDICINE – A doctor of osteopathic medicine from Allentown received ARD after a driving under the influence charge. The doctor received a letter from the Bureau of Professional and Occupational Affairs, Professional Health Monitoring Program (PHMP) requesting that he complete and return a participation cooperation form and personal data sheet in order to assess this eligibility for the VRP. After a thorough analysis of his situation, we advised the doctor against enrolling in the VRP Program. No charges were filed. The doctor missed no time from work.
REGISTERED NURSE – A nurse was accused of being under the influence while working in the emergency room of a hospital. The nurse subsequently tested positive for an opiate. The nurse had a prescription for the opiate; however, the prescription had expired two years prior to the test being administered. After a thorough investigation and consultation with nurse, we advised the nurse not to speak with the investigator for the Department of State. No charges were filed. The nurse missed no time from work.
DENTIST – A dentist from Pittsburgh was accused by the Department of Public Welfare (DPW) of using paperclips in post and core procedures, prescribing excessive amounts of controlled substances, excessive billing and performing procedures not medically necessary. As a result, DPW suspended his participation in the DPW program and began to withhold all payments due to the dentist. Additionally, DPW determined there was a credible allegation of fraud and referred the matter to the Office of Attorney General in Pittsburgh. We appealed DPW’s decision to suspend our client. We reviewed all patient files and paperwork from DPW. We took the depositions of the dental expert and investigators from DPW. We conducted a thorough investigation. We presented our evidence to the attorney general in Pittsburgh. The following day, the attorney general’s office dropped their investigation, the client was reinstated by DPW who then paid all outstanding claims.
SOCIAL WORKER – A social worker was practicing on an expired license for four years. Her employer, a local hospital, was unaware she was practicing on an expired license. The client intended to apply for a license as a clinical social worker; however, since she was practicing on an expired license several different issues came up. We advised the client how to proceed with the application, including obtaining prior references, the certification from the Academy of Certified Social Workers and she submitted her application in Pennsylvania. The client was granted her PA license as a clinical social worker without incident.
LICENSED PRACTICAL NURSE – A licensed practical nurse (LPN) was fired from his job after a co-worker complained that the LPN was sleeping on the job, was not reporting bruises on residents and was not properly doing her charts. The LPN contacted us after he was called by an investigator for the Bureau of Enforcement Investigation (BEI). We immediately advised the LPN not to speak to the investigator. We interviewed the LPN, advised him not to speak to the investigator and we conducted our own investigation. We supplied the investigator with character letters written on behalf of our client and proved to the investigator that it was an unfounded allegation by a jealous coworker. The prosecutor closed the file without filing formal charges.
REGISTERED NURSE – In 2012, we represented a registered nurse who was fired from her job at a Pittsburgh hospital after a narcotics surveillance report showed 210 withdrawals of narcotics from an Accudose machine in a 14 day period. The RN was accused of diverting narcotics. She was reported to the Nursing Board. The Professional Health Monitoring Program (PHMP) sent the RN a letter requesting that he enroll in the Voluntary Recovery Program (VRP). The RN had prior treatment for depression and anxiety and was being prescribed Zoloft and Ativan. The PHMP took the position that the nurse was impaired and requested that she join the VRP. The RN filled out the appropriate paperwork and went to an evaluation. The PHMP lost her paperwork and turned her file over the prosecutor who immediately filed a petition to compel a mental/physical examination. The RN then retained us. We contacted the prosecutor, provided him with detailed medical records and proved that the nurse has no addiction. The prosecution was dropped and the nurse missed no time from her new job at another hospital.
REGISTERED NURSE – An RN was caught diverting narcotics from a local hospital. The police were notified. We spoke to the assigned detective and were able to reach an agreement with that detective so that the RN was not charged under the Drug Act, but was charged with a Pharmacy Act violation, which is more favorable to the client. After preparing the appropriate application, the RN was admitted into the Montgomery County Drug Treatment Program and at the conclusion, his record will be expunged. Therefore, there will be no record of his arrest. We also assisted the client with her entry in the Pennsylvania Nursing Assistance Program (PNAP). Shortly after entering the Montgomery County Drug Treatment Program. The RN was able to obtain a new position at another area hospital.
PSYCHOLOGIST – We represented a psychologist who was contacted by an investigator for the Psychology Board and advised that a complaint had been filed against him for failure to report her patient’s former psychologist to the Psychology Board. The complaint alleged that the patient’s former psychologist was involved in an inappropriate relationship with the patient and that it was the duty of our client to report this to the Psychology Board. Our client was treating the patient for dissociative identity disorder (DID). We reviewed the patient’s chart, retained an expert in the field of DID, researched the appropriate Psychology Board regulations and determined that our client was under no obligation to report the prior psychologist due to our client’s position that the patient’s complaints about her prior psychologist were not credible; therefore, it would have been inappropriate for our client to file a complaint against the prior psychologist with the Psychology Board. Since the patient did not sign a consent to disclose confidential information, we argued that under Grossman v. State Board of Psychology , 825 A2.d 748 (Pa. Commonwealth 2003), our client was bound by the American Psychological Association’s Standards and Guidelines relating to confidentiality. We prepared a seven page comprehensive letter to the prosecutor detailing our position. The prosecutor elected not to file any formal charges against our client. Similar to many other cases, this case shows how important it is for the client not to make a statement to an investigator at any time without the assistance of counsel. In most cases, we advise that the client never give a statement to an investigator.
REGISTERED NURSE – A registered nurse was arrested for driving under the influence. He had a blood alcohol level of .20. The client entered the ARD Program and was eligible to have his arrest expunged. After several interviews, a review of the criminal records and all available medical record, we advised the client against participation in the VRP Program. The prosecutor for the State Board of Nursing did not file any charges against the client. He missed no time from his job.
REGISTERED NURSE – A registered nurse was accused of increasing a patient’s medication dose without a physician’s order as well as failing to document the dosage given to the patient. Our client admitted that she gave the patient “a little extra” Ativan because the initial dose was ineffective. We were able to show the prosecutor that it was common practice in that hospital “give a little extra” in accordance with the recommendations of several hospital doctors. We provided the prosecutor with extensive character letters and performance evaluations. The prosecutor closed the file without an initiating any formal charges.
REGISTERED NURSE – A RN was suspended for violating her VRP Agreement by missing urine screens. The RN hired us after the prosecutor advised her that his only offer was a three year suspension of her nursing license. After an extensive interview will the client, we believed that the client was not being prescribed the right type of medicine for her attention deficit disorder (ADD). We referred the case to a psychology and psychologist. The medication was changed to extended release and the client began therapy sessions with a psychologist. We received a report from the psychologist who determined that the failure to show up for the urine screens was caused, in part, by the client’s ADD. We presented the psychologist’s report along with 15 character letters and evaluations on behalf of the client and were able to negotiate a Consent Agreement whereby the RN was reinstated.
REGISTERED NURSE – We represented a registered nurse from Lycoming County who was arrested for diversion of narcotics. We referred the RN to a criminal attorney who works with us on a regular basis. That attorney convinced the District Attorney’s Office to allow our client to be placed on ARD. We negotiated an agreement with the State Board of Nursing whereby our client was placed on probation for two years. Our client was allowed to continue practicing nursing.
REGISTERED NURSE – A RN hired us after he received a notice from the National Practitioner Databank that his nursing license had been suspended for failure to attend a board-ordered mental/physical examination due to allegations of drug use. We were able to prove that the nurse was not properly served with a copy of the Petition to Attend Medical Exam. We had the case re-opened. We prepared the client for the mental/physical examination, we submitted character letters, drug testing results and favorable employment evaluations to the doctor conducting the mental/physical exam who subsequently determined there was no drug or alcohol problem. The client’s license was reinstated, the National Practitioner Data Bank entry was rescinded.
MEDICAL DOCTOR – A medical doctor from Reading with a specialty in performing hair transplants. The doctor was contacted by the investigator for the State Board of Medicine after a complaint was filed against the doctor accusing him of failing to be present during the hair transplant procedure and failure to supervise technicians which resulted in scarring, numbness and pain. We advised the doctor against speaking with the investigator. Our investigation showed that the procedure was properly documented and performed. We declined to allow our client to be interviewed and the prosecutor closed the file without initiating any charges.
PHARMACIST – A pharmacist was arrested and charged with over 50 counts of theft of a controlled substance while he was employed at a local pharmacy. Our client completed inpatient treatment and enrolled in PNAP. After our request for ARD was denied, we filed a reconsideration request with the District Attorney’s Office. We were able to persuade the district attorney to allow our client into the ARD Program; Therefore, our client does not have a conviction. As a result, our client continued in the VRP Program and she has no public discipline on her pharmacy license.
DOCTOR OF OSTEOPATHIC MEDICINE – We represented a D.O. who was charged with having sexual relations with a current patient as well as failing to conform to standards of acceptable and prevailing osteopathic medical practice and prescribing controlled substances in excessive amounts and failing to document justification in the medical records regarding the controlled substances. We reviewed all of the medical records and retained our own expert who opined that all prescriptions were medically necessary and that the documentation was appropriate. We advised our client to enroll in a boundary course which he successfully completed. We negotiated a three year probation with no practice restrictions for a violation of the osteopathic regulations which prohibit sexual behavior with a current patient other than the board regulated practitioner’s spouse.
REGISTERED NURSE APPLICANT – A registered nurse applicant was issued a provisional denial of her request to sit for a license by reexamination and application for a temporary practice permit. The National Council of State Boards of Nursing accused the applicant of a violation of their rules while taking the nursing license examination. We appealed the provision denial of her right to sit for the exam and requested a hearing. We presented evidence, including 18 character witnesses, who testified as to the applicant’s truthfulness. The hearing examiner agreed there was no intentional violation of the rules and issued an order allowing the applicant to sit for the exam. The applicant is presently a registered nurse.
REGISTERED NURSE – A registered nurse was caught diverting medication from her job at a nursing home. She was fired from her job, arrested and charged with theft, forgery and several drug offenses. We were able to enroll the nurse in the Chester County Drug Treatment Program. After successful completion of that program, we were able to have all charges against the nurse expunged; therefore, there is no record of the arrest or the subsequent drug treatment program. We assisted the nurse in the enrollment in the Voluntary Recovery Program. The nurse attended an inpatient drug and alcohol facility and shortly after completing that program, was able to resume the practice of nursing.
MEDICAL DOCTOR – A doctor was from Scranton with driving under the influence. We referred the doctor to a criminal attorney we regularly work with in that area of the state. The doctor received ARD. We requested that the criminal attorney file a Petition for Early Termination of the doctor’s probation. We assisted the doctor with his renewal application and advised the doctor against participating in the Physician’s Health Program because we felt that the doctor did not have a drug and alcohol problem. The doctor was not prosecuted by the Medical Board for having an impairment.
PHYSICIAN – A physician resigned from her hospital staff position while under investigation for a history of unacceptable actions and disruptive behavior. As a result, the physician was reported to the National Practitioner Databank. The physician retained our office after receiving a letter from the Bureau of Enforcement Investigation, the agency that investigates complaints for the Pennsylvania Medical Board. The State Board of Medicine entered an Order compelling the physician to attend a mental and physical examination. The result of this examination is one of the factors used by the State Board of Medicine to determine if a complaint will be brought against the physician. We reviewed substantial medical records of the physician, including a past history of substance abuse as well as a prior criminal record, and prepared her for the medical exam. We encouraged the physician to attend a course on disruptive behavior, which the physician did attend. After the medical/physical exam was completed, the prosecutor declined to proceed with formal charges against the physician. We also assisted the physician in the completion of renewal applications for medical licenses in other states as well as a renewal of her DEA license.
DENTIST – A dentist who retained us after she was placed in the ARD Program for a driving under the influence charge as well as a charge of possession of an unprescribed controlled substance. The dentist was contacted by the Drug Enforcement Agency (DEA) for her use of the unprescribed controlled substance. We negotiated an agreement with the DEA which allowed the dentist to prescribe and handle controlled substances under certain Schedules. We also assisted the dentist in her dealings with the Physicians’ Health Program, her renewal application before the State Board of Dentistry, and several insurance companies.
PHYSICIAN – We were retained by an applicant for licensure as a physician assistant after his application was denied by the State Board of Medicine because of a criminal conviction. We filed an appeal on behalf of the applicant and requested a hearing. We performed a thorough investigation of the underlying criminal charges and submitted numerous character letters on behalf of the applicant to the Board’s prosecutor. As a result of the information submitted, the prosecutor recommended that the applicant be granted a license. The applicant was granted licensure as a physician assistant without a hearing.
MEDICAL SCHOOL GRADUATE – A medical school graduate was scheduled to begin a residency. During initial drug testing conducted by the residency program, the graduate tested positive for an unprescribed controlled substance. As a result, the offer for the residency program was withdrawn and the graduate was reported to the State Medical Board. The graduate received correspondence from the Professional Health Monitoring Program advising her that if she joined the Voluntary Recovery Program (VRP), she would not be prosecuted by the Bureau of Professional and Occupational Affairs. After receiving this letter, the graduate retained us to represent her. We reviewed the graduate’s prior medical history, including the use of alcohol and controlled substances and recommended that the graduate not participate in the VRP. We advised the graduate that the refusal to participate in the VRP would trigger an order from the State Medical Board requiring the graduate to attend a mental/physical examination with a psychiatrist appointed by the Medical Board. We reviewed the graduate’s medical records, academic records, internship records, and current residency evaluations. We instructed the graduate to undergo regular urine screens, as well as hair follicle tests. We prepared the graduate for the mental/physical exam and provided the psychiatrist appointed by the Medical Board with the results of our investigation. After the examination, the psychiatrist opined that the graduate did not have an alcohol or substance abuse problem. The prosecutor closed the file without the initiation of any formal disciplinary action.
NURSE – A nurse from Erie tested positive for the use of marijuana, opiates and benzodiazepines while working at a hospital. The nurse was offered and subsequently declined to participate in the Voluntary Recovery Program. The Nursing Board filed for and was granted an Order compelling the nurse to attend a mental and physical examination. At that examination, the nurse admitted to smoking marijuana and tested positive for marijuana on the day of the mental and physical exam. The State Board of Nursing filed an order to show cause against the nurse alleging that the nurse violated the Controlled Substance Act and should have her license suspended, revoked or otherwise restricted because of the use of marijuana. After a thorough investigation and several consultations with the nurse, we submitted a packed of documents to the prosecutor for the State Board of Nursing demonstrating to the prosecutor that the nurse had no impairment. The prosecutor withdrew the order to show cause against the nurse. The nurse missed no time from work nor was she required to report this matter to her employer.
THERAPIST – A therapist held a doctorate degree in clinical psychology and who was licensed as a professional counselor in Pennsylvania. The therapist was contacted by the Bureau of Enforcement & Investigation (BEI) after it was determined that her license as a professional counselor had expired and her was working as a therapist for 18 months after the license had expired. The investigator from BEI also alleged that the counselor was practicing psychology without a psychology license. The therapist then contacted us to represent her. We interviewed the therapist, gathered appropriate documentation and spoke with the prosecutor in charge of the investigation. We assisted the therapist in gathering the appropriate documentation and the therapist renewed his license as a professional counselor. We were able to prove to the prosecutor that the therapist was not practicing outside of his scope and the prosecution was withdrawn. The therapist was not fined by the State nor did the therapist miss any time from work.
NURSE – A nurse was terminated from a nursing home due to suspected diversion of narcotics as well as failure to properly waste narcotics. The nurse was also convicted of driving under the influence of alcohol (DUI) on a separate occasion. This was the nurse’s third DUI. We investigated the allegations of the nursing home and were able to prove that the allegations were false. We reviewed the nurse’s extensive medical history, work history and obtained the appropriate character letters on her behalf. The Nursing Board applied for and was granted an order compelling the nurse to attend a mental and physical examination. We prepared the nurse for this examination and submitted the appropriate documents to the doctor who performed the mental/physical exam. That doctor concluded that the nurse had no impairment. The prosecutor for the Nursing Board closed the file without the initiation of any formal disciplinary action. The nurse missed no time from work.
REGISTERED NURSE – We represented a registered nurse who worked at a Philadelphia area hospital. The nurse was accused of altering a prescription and giving it to a patient. The nurse was fired from her job. The hospital filed a complaint with the Board of Nursing accusing the nurse of altering a script. The nurse retained our office after she was contacted by the Board of Nursing. We met with the nurse who told us that an on call physician instructed her to change the prescription; however, the nurse made notes on the script and did not return the script to the patient. We performed an investigation, and collected numerous character letters on behalf of the nurse who was employed at the hospital for over 20 years. We met with the investigator and explained our side of the story. We provided the investigator with character references and performance evaluations. The prosecuting attorney for the Board of Nursing closed the file without any disciplinary action against the nurse.
Contact Law Offices of Brian E. Quinn today if you have been approached about an action or behavior that threatens your professional standing. Ensuring the protection of your rights is important to us. We are happy to discuss your case with you and provide the legal defense you need through the administrative process. Call us toll free: 866-657-7318.
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