Pharmacy Law, Pharmacy Cases, Pharmacists, and Drug Enforcement Administration (DEA) Hearings
At Spodek Law Group, our expert attorneys are dedicated to representing healthcare providers and facilities, including pharmacists and pharmacies, in a wide range of legal matters. We understand the importance of maintaining your license and reputation in the industry, which is why we have successfully represented many clients in investigations conducted by the Department of Health (DOH), local investigative agencies, the Medicaid Fraud Control Unit (MFCU), and the Drug Enforcement Administration (DEA).
Our attorneys have extensive experience representing pharmacists in Medicaid audits and audits by the Florida DOH. We have appeared before the Board of Pharmacy on behalf of our clients and have a deep understanding of the laws and regulations governing pharmacists and pharmacies.
We have also represented physicians, pharmacists, and other licensed health professionals in criminal investigations and administrative hearings before federal administrative law judges involving the DEA. Our attorneys have the knowledge and experience necessary to provide the best possible defense to our clients and achieve successful outcomes.
We have prepared legal opinion letters for complex business ventures involving physicians and pharmacists, including matters related to compounding of different medications, pharmacist dispensing, marketing pharmacy services, and medical foods and supplements. Our attorneys have also assisted clients with obtaining a DEA number and provided representation in administrative hearings to revoke DEA numbers.
At Spodek Law Group, we have the expertise to prepare contracts and other legal documents for physicians, pharmacists, and healthcare facilities on pharmacy issues. We help our clients structure business ventures and compound medications for patients, ensuring compliance with all applicable laws and regulations.
Our attorneys have represented pharmacists, pharmacy interns, and other healthcare providers in filing Petitions for Waiver or Variance to administrative rules adopted by professional boards. We have also represented them in formal and informal administrative hearings regarding disciplinary matters and rule challenges.
If you are under investigation, it is crucial to seek the guidance of an experienced attorney as soon as possible. Our attorneys understand the seriousness of the matter and will help you navigate the investigation with professionalism and skill. We will work tirelessly to protect your rights and reputation.
If you need legal assistance, contact Spodek Law Group today. Our attorneys have the experience and knowledge necessary to handle your case with the utmost care and professionalism.
Read This if You Are Under Investigation
If you receive a letter notifying you of an investigation, it is essential to seek legal advice immediately. At Spodek Law Group, we understand the gravity of the situation and the impact it can have on your life and career.
It is essential to understand your rights during an investigation. You are not required to make any statement to the investigator, oral or written, and you should not do so. Our attorneys will advise you on your Fifth Amendment right to refuse to say or do anything that might incriminate yourself. This applies to administrative investigations as well.
If you have malpractice insurance, it may pay for your legal defense in an investigation. We encourage you to use it. Our attorneys will work with you to ensure that you have the best possible defense and will help you obtain a copy of the investigation after it is completed and file a rebuttal if necessary.
It is crucial to know that you should never agree to voluntarily relinquish your license if any investigation is pending. This will be treated the same as a disciplinary revocation, and the consequences will be severe. Our attorneys will guide you through the process and help you make informed decisions.
If disciplinary action is taken against you, including a “voluntary” relinquishment, this will be reported to your national certification board, and it will most likely revoke your national certification. This can also affect your licenses in other states or other health professions, leading to further investigations and disciplinary actions.
At Spodek Law Group, our attorneys have been highly successful in representing pharmacists and other licensed healthcare professionals. We have a deep understanding of the laws and regulations governing pharmacy practice and can provide comprehensive legal guidance and representation to our clients.
Our attorneys are experienced in representing clients before the Probable Cause Panel of the Board and obtaining favorable results in formal administrative hearings. We understand the nuances of the legal system and will work tirelessly to defend your rights and reputation.
You have invested a great deal of time and money into your professional education and licensure. It is crucial not to give it all up without first consulting experienced attorneys. Our attorneys have the knowledge, expertise, and experience to handle complex legal matters and will work with you to achieve the best possible outcome.
If You Don’t Already Have it, Now is the Time to Buy Insurance Coverage
At Spodek Law Group, we highly recommend that every pharmacist carry professional liability insurance that includes professional license defense coverage. This coverage is often included in most professional liability policies; however, if it is not, it can often be added as a rider to the insurance policy for a slight additional charge.
We encourage you to ensure that your coverage for professional license defense is at least $25,000 and to consider increasing it to $50,000. We also recommend that you request and obtain “broad form coverage” that includes coverage of your legal fees for defense of all administrative or governmental proceedings, including Medicare audits, Medicaid audits, EEOC complaints, and other types of governmental actions that could be initiated against you.
If you are required to defend yourself at a formal administrative hearing, attorney’s fees, court reporter costs, expert witness fees, and other costs and fees can rapidly mount up to the point where most pharmacists could not afford to defend themselves. If you are then required to appeal an adverse outcome, the appeal alone could cost $10,000.
Don’t wait to purchase this type of insurance until there is a complaint filed against you, as it may be too late to purchase it. Complaints can be initiated against you based solely on anonymous calls to the Department of Health Hotline, newspaper reports, prior arrest reports, disgruntled patients, disgruntled insurance companies, competitors, or other sources. It is crucial to have legal representation right away. Without insurance, you may not be able to afford to hire a competent, experienced health lawyer to defend you.
At Spodek Law Group, our attorneys are board-certified and experienced in representing pharmacists. We will work with you to obtain the best possible outcome and protect your rights and reputation. Contact us today for a consultation.