Kravitz & Chan, LLP Business License Defense Attorney | Kravitz & Chan, LLP | Sacramento, CA2024-03-06T05:29:23Zhttps://www.kravitzchan.com/feed/atom/WordPressOn Behalf of Kravitz & Chan, LLPhttps://www.kravitzchan.com/?p=486292024-02-29T05:29:40Z2024-03-06T05:29:23ZPrioritizing patient safety
As a practicing chiropractor, you can diagnose and help patients manage concerns such as back pain, neck pain, whiplash, headache and similar conditions. Your practice involves performing a hands-on manipulation of the spine, neck and other parts of the body. Although chiropractic care is proven to be safe and effective, it comes with inherent risks.
To keep patients safe during a chiropractic adjustment, you must exercise a high level of care at all times. This includes thoroughly evaluating a patient for medical conditions that may make manipulation unsafe, applying only the appropriate amount of force during adjustments and maintaining open communication with the patient’s primary doctor.
The consequences of negligence
A misdiagnosis and using improper techniques may lead to catastrophic injuries. Unfortunately, some patients suffered tragic outcomes after undergoing chiropractic adjustment, including herniated discs, nerve injuries and even death.
If a patient complains about your care, the board may be inclined to launch an investigation. The California Board of Chiropractic Examiners oversees licensed practitioners and ensures adherence to professional standards. Any deviation, such as harming a patient because of negligence, may result in disciplinary action against your license.
There will always be some degree of risk in chiropractic care, but your commitment to keeping patients safe can help prevent or minimize such occurrences. If you are facing allegations of misconduct, consider seeking legal counsel immediately.
Even when you believe you have taken every precaution to keep a patient safe, a proper investigation and solid evidence can support your case. The earlier you get help, the sooner you can build a compelling defense.]]>On Behalf of Kravitz & Chan, LLPhttps://www.kravitzchan.com/?p=486272024-02-19T07:22:42Z2024-02-22T07:22:29ZWhat the law says about misleading advertisingThe state has clear laws about advertising. It prohibits any false or misleading ads about services or skills. This rule applies to all professionals, including nurses. As health care providers, they must not:
Make false claims about their qualifications
Promise specific care results they can’t guarantee
Present anything other than factual and accurate information about their services
For instance, if a nurse falsely claims to be a certified pediatric specialist, this could be interpreted as making a false claim about qualifications. Similarly, if a nurse promises that a certain treatment will definitely cure a chronic condition without any scientific evidence to back it up, this could be seen as promising specific care results that cannot be guaranteed.Exaggerating or distorting facts is not only against the law but also goes against rules set by the California Board of Registered Nursing. Violation of these rules could lead to disciplinary actions.
Failure to comply could lead to consequences
Violations of these advertising laws could result in misdemeanor charges, with penalties that may include a six-month jail term, a fine up to $2,500 or both. The Board can also take action. It may issue a reprimand, mandate additional training or suspend the nurse’s license. In severe cases, the Board could revoke the nurse’s license entirely, preventing them from continuing to practice in California.
Importance of staying truthful
False advertising is not a matter that health care professionals should take lightly. All nurses must understand these rules and ensure their advertising practices follow the law. This includes accurately representing their qualifications, services and prices. Failure to do so could damage their reputation and lead to misdemeanor charges. Individuals in these situations should consider consulting a legal professional. They can help understand their rights and potential defenses in such situations.]]>On Behalf of Kravitz & Chan, LLPhttps://www.kravitzchan.com/?p=486262024-02-05T10:18:54Z2024-02-08T10:18:15ZServing patients out-of-state
The convenience that telehealth provides is one of its main advantages. Doctors can check up on their patients even when in-person visits are not possible. Additionally, it allows physicians to reach a wider pool of patients.
However, doctors must stay cautious of serving patients residing in or traveling to other states. Health care practitioners must secure an official medical license in the state where the patient is located before performing telehealth treatment. Practicing medicine without the appropriate license or adhering to the respective state’s requirements can have serious legal ramifications, such as fines, imprisonment or license sanction.
Ensuring doctor-patient confidentiality
When patients see doctors in person, they can trust that their conversation stays within the confines of the office or clinic. However, telehealth services may not always guarantee that kind of privacy and security.
The lack of private space can make it challenging for patients to share sensitive health information. There is also the risk of others inside the same area to overhear the conversation.
Moreover, telehealth can be vulnerable to safety and security threats due to various technical lapses. Among them are the lack of protocols in the collection and use of patient data as well as cyber threats such as malware or hacking.
Nowadays, people are increasingly vigilant about their personal information. Without taking precautions, physicians risk facing a HIPAA violation and criminal penalties.
Exercising standard of care remotely
Physicians must always provide patients with the highest standard of care, regardless of whether they meet in person or remotely. However, due to technological limitations, video consultation alone cannot accurately evaluate some conditions.
Health practitioners should use their best judgment and inform patients when an in-person appointment is necessary. Doing so is crucial to avoid misdiagnosis, prescription errors and delays in treatment.
Telehealth is helping revolutionize health care, making medicine more accessible to patients. Yet, physicians who want to embrace it must tread carefully. Staying well-informed on the legalities of telehealth is critical to avoiding potential penalties and the risk of endangering their medical licenses.]]>On Behalf of Kravitz & Chan, LLPhttps://www.kravitzchan.com/?p=486252024-01-31T05:51:23Z2024-02-06T05:51:07ZLicensing penalties are possible
The Medical Board of California hears many disciplinary cases each month, usually only after conducting an internal investigation to validate the allegations against a physician. Many of them involve minor infractions, like continuing to practice medicine when a license temporarily expires. The penalties the Board may hand down range from formal reprimands and financial penalties to suspending or revoking someone's license.
The history of the physician, the nature of the accusations against them and their response to those accusations all influence what penalties a physician faces. The Medical Board can choose to punish a doctor if the disciplinary review affirms that they engaged in unprofessional conduct or violated the law. Sometimes, properly handling criminal charges can reduce the likelihood of licensing penalties for medical professionals.
Other times, they may need to actively defend against accusations at a disciplinary hearing. In theory, physicians facing disciplinary issues have the right to legal representation. They can have a lawyer assist them when responding to criminal charges and also represent them during disciplinary matters. Attorneys can sometimes facilitate the dismissal of criminal charges or help someone respond in a way that reduces the possibility of professional consequences.
Given that someone's multi-year investment in their medical career could be at risk in a worst-case scenario, responding assertively to potential disciplinary matters is of the utmost importance. Reviewing the situation that led to accusations against a physician with a lawyer familiar with such matters can help with the preparation of a strong license defense strategy.]]>On Behalf of Kravitz & Chan, LLPhttps://www.kravitzchan.com/?p=486222024-01-25T04:21:24Z2024-01-31T04:20:22ZIs your social media post up to code?
Though social media seems like an informal platform, maintaining professionalism in every online interaction is key to safeguarding your reputation.
When in doubt about a post, you can refer to the industry Code of Ethics as a guide. Consider these standard questions to ensure your professional online persona remains ethical:
Is it free from false or misleading marketing? Misrepresenting a property by providing vague details, exaggerating its features or editing photos to conceal flaws could constitute false representation.
Does it talk about another agent? Venting about another real estate agent could be considered unethical. The code states that knowingly or recklessly making false or deceptive claims about other real estate professionals is a violation.
Does it contain another agent’s listing? Without consent, it is wise to avoid posting about another agent’s listing. This can happen when agents visit an open house and share the experience online, which misleads clients into believing that the poster owns the listing.
Have you clearly identified yourself in the post? When you use a personal account, it's simple to forget the rules. When posting promotional materials, stick to your business page (where your real estate agent status should be clearly displayed).
Can you lose your professional license due to a social media post?
Social media can increase your visibility and attract potential clients. Having said that, your online persona mirrors your level of professionalism.
Reckless posts that violate the Code of Ethics could result in disciplinary action. Although a single infraction may not immediately result in the suspension of your real estate license, a history of violations could raise a red flag.
Don’t be afraid to embrace social media for its marketing advantages but be as careful online as you are in your workplace.]]>On Behalf of Kravitz & Chan, LLPhttps://www.kravitzchan.com/?p=486202024-01-25T04:21:32Z2024-01-31T04:20:20ZCan I lose my license?
If you are a nurse who committed a HIPAA offense, you may lose your license based on the situation. It significantly hinges on the details of the violation. The relevant agency can only include license-related penalties depending on the offense's severity. Usually, only violations that are criminal or qualify as gross misconduct can put a license at risk.
Still, the penalties for these violations can vary from case to case. Some offenses can call for severe sanctions if the offenses happen repetitively, making them habitual. The employer and licensing board can also deliberate rigorously before finalizing and issuing any penalties.
Knowing how to approach HIPAA violations
If you are a nurse facing HIPAA violations and other complaints, it can be helpful to seek legal counsel immediately. Proper guidance can help you know what to do when navigating the process, no matter how complex. Legal insight can also be valuable, helping you gauge whether the penalties are proportionate to your violation's severity.]]>On Behalf of Kravitz & Chan, LLPhttps://www.kravitzchan.com/?p=486192024-01-04T08:48:50Z2024-01-09T08:48:35Zyou hold a license in an active status. It is also illegal for any unlicensed or uncertified individual to use a title, sign, card or device to indicate that they are qualified to practice nursing. Your license is your source of livelihood.
When confronted with disciplinary charges related to your nursing license in California, it is imperative not to dismiss them, hoping to continue to practice with your present employer. Disciplinary actions are typically a matter of public record. Prospective employers will likely review your disciplinary history when considering you for employment, so it is best to handle any issues responsibly. It is essential to actively defend and uphold your license, as failing to do so could mean having to give up your position and the ability to practice nursing entirely.
Understanding the consequences of ignoring disciplinary charges
A disciplinary charge refers to any allegation made against you as a licensed and practicing nurse. It is subject to the investigation and determination of the California Board of Registered Nursing (BRN). If the BRN believes the accusation merits an investigation, they may contact you or inform you that they have initiated a disciplinary action.
The disciplinary process is a legal proceeding, and failing to respond can result in a default judgment against you. This means that the board could revoke your license without considering your side of the story simply because you did not respond. You have rights during the disciplinary process, including the right to defend yourself. Ignoring the charges forfeits your opportunity to exercise these rights and present your case.
Responding to disciplinary charges
If the BRN attempts to contact you for an investigation or interview, you can politely decline and immediately talk to an experienced attorney to develop a proper response. The BRN will only give you a limited period to challenge the formal accusation filed against you. Therefore, it is crucial to seek legal advice at the earliest opportunity.
You must understand that responding to a notice on your own without knowledge of the law or applicable procedures could put you at risk of jeopardizing your own defense. By proactively engaging in the legal process and getting the professional help you need, you may be able to mitigate the charges or penalties.
Your reputation as a healthcare professional is at stake. Addressing disciplinary charges promptly and professionally can help maintain your standing in the healthcare community.]]>On Behalf of Kravitz & Chan, LLPhttps://www.kravitzchan.com/?p=486182023-12-19T06:26:26Z2023-12-22T06:25:49ZShould you disclose traffic violations?
Concerns about how a criminal conviction could affect your medical license are valid. However, you may find solace in knowing that they are not always detrimental to your career.
During an investigation, the medical board will evaluate various factors, including the reasons for your arrest and conviction. Crimes closely related to the “qualifications, functions, or duties of a physician” are those that often lead to disciplinary action.
The board may be able to look past minor traffic violations such as speeding but not severe crimes. An arrest for crimes such as a hit-and-run, reckless driving or driving under the influence (DUI) could prompt a board investigation.
Although not all traffic violations constitute unprofessional behavior, as a medical practitioner, you must still declare all offenses. Only those with a fine of less than $300 are exempt unless they involve alcohol or illicit drugs.
Failure to report is a public offense punishable that may land you up to $5,000 in fines. Besides, the board may discover your criminal history during a background check. An investigation for a crime that seems unrelated to your practice may reveal unexpected results.
Your honesty may not guarantee a license renewal or approval, but it is vital to maintaining your professional integrity. When your medical license is at stake, seeking advice from an attorney could prevent a minor traffic violation from escalating into a more serious situation.]]>On Behalf of Kravitz & Chan, LLPhttps://www.kravitzchan.com/?p=486162023-12-05T10:02:15Z2023-12-08T10:01:58ZSeek legal guidance
A professional license defense attorney understands the law, especially the rules and regulations under the Nursing Practice Act, which can be challenging to navigate without legal training. Furthermore, they have experience in dealing with the BRN. They will be familiar with the procedures and can guide you on how to approach the complaint. Their help will be invaluable should you need legal representation in disciplinary hearings.
Understand the cause
The complaint may have little merit, depending on the legal circumstances concerning your case. To develop an appropriate defense strategy, you must understand the reason for the complaint and why someone would make it.
Gather evidence to support your defense
Now that you know the cause, you can determine if the complaint is valid and collect evidence to prove that it is not. You can gather patient records, training certifications, statements from colleagues and other witnesses, performance evaluations and other relevant documentation. The evidence you need will be contingent on the details of your case.
Provide a response
One thing you should never do is to ignore the complaint. You can consult your attorney on how best to respond to the complaint. Remember, the BRN has deadlines and formal requirements, and you must comply with them.
Comply with the Board’s instructions and investigations
A complaint will most likely lead to an investigation, but it could also result in meetings with the BRN and a disciplinary hearing. You must be ready to participate in the investigation and attend any hearings or meetings ordered by the BRN. Consequently, you must prepare and practice answering questions about the allegations without incriminating yourself.
Defending your nursing license will not be easy, and the steps you must take will depend on the details of your case. Fortunately, you do not have to go through it alone, and there are legal options that can help you save the license you worked so hard to obtain.]]>On Behalf of Kravitz & Chan, LLPhttps://www.kravitzchan.com/?p=486132023-12-01T04:43:28Z2023-12-07T04:42:59ZNursing board determines need for suspension
In California, whether a nurse can continue to practice during a nursing license investigation generally depends on the details of the individual case. If the BRN concludes that a nurse presents an immediate risk to public safety, they have the authority to take action. The BRN can request an interim suspension order (ISO), which is a specific legal measure assessed by an administrative law judge. Once granted by the judge, this order would suspend the nurse's license and prevent them from practicing during the investigation.
Treading carefully while under investigation
In cases where the board does not request an ISO, or the judge does not grant one, the nurse may keep working while under investigation. During this time, the Enforcement Program staff will closely monitor the nurse and their activities. Any further complaints or signs of unsafe behavior could change the status of the investigation and lead to more immediate action.
Protecting their rights and license
Generally, a nurse might be able to keep working during an investigation. However, each situation is unique and factors such as company policies could come into play. The BRN works to complete investigations quickly and thoroughly, always with public safety in mind. So, while a nurse may be able to keep working, it's always critical for the nurse to follow all the rules and standards set by the BRN. This is important to avoid any additional issues or risks to their license. If the situation becomes complex, they should seek the help of legal counsel to work through the process and prevent further complications.]]>