State Medical Board Investigations: What Can You Expect?
On August 30, 2024, the North Carolina Medical Board (the “Board”) published online guidance titled, "Lessons from NCMB’s Disciplinary Committee: Are you aiding the unlicensed practice of medicine?” (the “Guidance”). The...more
Though responsible and ethical use of artificial intelligence (AI) has been a hot topic for the past few years, there has not yet been significant adoption of laws or regulations aimed specifically at regulating the use of AI...more
There will be no statewide ban on the "friendly physician model" directly coming out of the Envision Healthcare Corp. (Envision) lawsuit in California. In this lawsuit, American Academy of Emergency Medicine Physician Group...more
Cosmetic injections, such as Botox and dermal fillers, and weight-loss injections, such as Wegovy® and Ozempic®, are popular offerings at med spas, weight-loss clinics, and dermatology practices. But are they considered the...more
A California Court of Appeal has provided additional guidance on how hospital decision making and contracting with medical groups for services influence or affect medical staff operations and fair hearing rights. The court...more
Patient-administered nitrous oxide (N2O) delivery systems are quickly becoming a sought-after service for clinicians in various medical fields, from dentists to med spas. Nitrous oxide has effects of both analgesia (pain...more
In October, the Texas Medical Board addressed the emergence of medical business models that may violate Texas regulations. Specifically, TMB President Dr. Sherif Zaafran, M.D., FASA, cited facilities offering intravenous (IV)...more
Retail medicine has directly challenged the role of physicians as gatekeepers to prescription medications and medical procedures, and as fiduciaries to their patients. Some providers in the current IV hydration market are...more
Tucked away in the recent Ohio Budget Bill, House Bill 33, were statutory changes that expand and modernize the statutes related to physicians and other health care professionals licensed by the State Medical Board of Ohio...more
The new rules about chaperones for physicians in private practice (not hospitals or hospital-employed physicians) go into effect October 1, 2023. The rule is promulgated by the Medical Examining Board (MEB), which does not...more
As a doctor or other licensed medical professional, the prospect of losing your license to practice medicine can be overwhelming. But, to protect your license—and your career—to the fullest extent possible, you need to act...more
As states roll back emergency provisions that allowed out-of-state providers to offer telehealth services during the COVID 19 pandemic, more permanent changes in interstate telehealth are under way. In April 2022, the...more
As a licensed physician, facing a medical board investigation could mean that your career is on the line. Even though you spent years in medical school and in residency, and even though you may have spent decades honing your...more
There are few things as critical to a physician as his or her medical license. The North Carolina Medical Board ("Board") is mandated by the legislature to regulate the practice of medicine for the benefit and protection...more
As a licensed physician in Texas, facing a Texas Medical Board (TMB) investigation can entail significant risks. Depending on the allegations underlying the investigation, your medical license could be in jeopardy—and you...more
In this episode of the HealthLaw HotSpot, host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by fellow Roetzel attorney, Christina Kuta, to discuss the steps that healthcare providers...more
CT magazine (July 2022) - One of the notable impacts of the COVID-19 pandemic on the healthcare industry has been the boom in services provided via telehealth. This boom is in part due to temporary flexibilities applied...more
Receiving a letter from the North Carolina Medical Board (the "Board") that a complaint has been filed against you is distressing. It often provokes a mix of emotions, ranging from anger to worry; however, it is a...more
Most licensing boards in the State of Arkansas give their licensees a chance to respond, normally in writing, to the complaint against them. Those that do, generally give a 30-day response deadline. Many boards will give...more
Who Can File a Complaint - As we explained in our previous two articles, most licensing boards will “serve” the licensee with a copy of the complaint that it receives and request the licensee’s response. ...more
The Supreme Court of Iowa recently reversed the judgment of a district court and remanded the matter with instructions to enter summary judgment in favor of Hamilton County Public Hospital, operating as Van Diest Medical...more
How should booming medical spa businesses proceed with little to no guidance from state medical boards? The American medspa industry, dominated by small, single-location, single-owned businesses, is booming in the wake of...more
Massachusetts has a new telehealth law on the books, signed into law by Governor Charlie Baker as part of a comprehensive healthcare bill. The telehealth provisions constitute only a portion of the 70-page legislation, but...more
In retail pharmacy chain stores, pharmacists are sometimes left alone for long periods of time. Pharmacists at such chains—which are also known as community pharmacies—have also had to perform a number of non-pharmacist...more
As highlighted in Holland & Knight's June 30 article, "Scope of Practice and Reproductive Health Changes Coming to Florida," the new pelvic exam law (SB 698) went into effect on July 1, 2020. The language requiring written...more