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Please contact our Lawyers to discuss your issues as soon
as possible. We may be doing medical round in the Hospital, or we
may be in Court representing a Doctor, Resident, or a Nurse in a
Criminal, Civil, or Administrative case, yet we shall answer your
questions STAT.
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DIET and
ADLS: P.O. AS
TOLERATED
This page is for
questions by Medical Providers and responses by
other people. This is an open public question and
answer forum. Exercise your freedom of speech and
ask questions from other professionals. We will
post your questions and responses thereto.
However, we reserve the right to maintain the
decorum and the prestige of professional tribune.
Responses in this page are not
expert opinions and they should not be given
expert weight. The questions of "DNR CLUB MEMBERS"
are not responded to in open Q & A Forum for
they are privileged and private communications
intended for private members. Q & A
Forum may include question from experts when said
expert holds an Open Forum Lecture and hence,
named expert will respond to questions in a
general non-consult format. As such, responses in
this page are not private or personal and are not
considered an expert opinion or
advise.
Pose your questions
and launch the responses at: doctor@lawprn.com
310.804.5225
" Q & A"
OPEN FORUM
Site Contact for Q or
A: publisher@mdchronicle.com
OR doctor@lawprn.com
1. HOW COULD I
SEARCH MY CALIFORNIA PHYSICIAN LICENSCE
INFORMATION ON LINE.
Each
State opts to publish information about practicing
physicians for public information. California is
not excepted from the other States and recent
legislation provided for publication of all
criminal charges for public information. To search
a California Physician records click on the link
below:
http://www2.dca.ca.gov/pls/wllpub/wllqryna$lcev2.startup?p_qte_code=MDX&p_qte_pgm_code=6301
2. DO YOU REPRESENT DOCTORS
AGAINST MEDICARE AUDIT AND MEDICARE DEMAND TO
REIMBURSE MONEY?
Yes
we do. In the last 5 years CMS [Medicare] has
developed a new measure to calculate an estimated
overpayment to collect back payment to providers
without any limitation for period of provider's
practice. Simply, if Medicare believes that you
overcharged or overdid some procedure or service,
they find a standard deviation of "what they
believe was customary and necessary" and apply it
to all of your income from Medicare for your
period of practice and demand reimbursement with
interest and penalty. You must immediately seek
legal advice from a medically oriented Law Office
to start a process of Administrative Hearing and
Appeal. If you delay this, you may become subject
to criminal culpability, loss of Medicare License,
and/or loss of your professional license. Below
please find some reference for Medicare
Administrative Hearing by clicking on the
link:
http://www.cms.hhs.gov/mlnedwebguide/05_appealsffs.asp?
3. I RECEIVED A NOTICE FOR
MEDICAL MALPRACTICE. WHAT SHOULD I DO
FIRST?
You
could contact your Medical Malpractice Insurance
Company. As an alternative you may consider
seeking consult from other attorneys to look in to
the issue for you. MDCHRONICLE members contact our
legal expert and receive recommendations
accordingly. Contact MDCHRONICLE Legal experts for
further information.
4. I HAVE A CASH
PRACTICE. COULD I CHARGE PATIENTS ANY PRICE I
WANT OR THERE IS A LIMIT?
Expert fees are expert fees and no
one can tell you what is your fee. However, if you
are members of insurance company plans, or when
you accept Medicare assignments, you have to
charge according to their schedules. You want to
charge your fees, then do not sign contractual
agreements with insurance plans. As long as you
are fair, honest, ethical, and professional, you
can charge a fair price for your professional
services whatever its value.
5. AN AGENT OF
CALIFORNIA MEDICAL BOARD APPEARED IN MY OFFICE AND
TOLD ME THAT HE WANTED TO ASK ME SOME
QUESTIONS. I LEFT THE OFFICE. WHAT SHOULD I
DO?
You
have to contact an attorney immediately. Medical
Board has the full right to check practice of
physicians. Contact MDCHRONICLE Legal experts for
more information.
6. MY WIFE FILED
DIVORCE AND HER ATTORNEY ASKED ME TO LEAVE
THE HOUSE. COULD SHE DO THIS?
This
is called a kick out order. Unfortunately, it
could be done through the family court orders.
This may be even done as an ex-parte basis [as an
emergency appearance in the court]. You need a
legal counsel immediately. We recommend our legal
experts who are doctors and lawyers and are
familiar with medical care provider issues and
concerns.
7. THE HOSPITAL MEDICAL
STAFF SENT ME A NOTICE TO APPEAR FOR INTERVIEW IN
30 DAYS. WHY
Something is wrong. There is either
a complaint filed against you, or there is some
matter of concern that hospital wants to
interrogate you for it. Be careful, hospital is
not going to endanger itself for you. As such, do
some investigation and find out about the concern.
If there is a complaint against you, it is
better if you appear with a legal counsel.
You may ask our legal experts to contact the
hospital for you and do primary work
up.
8. I WANT TO SUBLEASE MY
OFFICE WITH ANOTHER MD. DO I NEED
CONTRACT?
Absolutely. You must cover yourself
for economical issues, malpractice issues, and
other complicated legal concerns that come in to
play in an association, partnership, or joint
venture.
9. I WANT TO DISOLVE MY
PARTNERSHIP WITH ANOTHER MD. COULD I ASK HIM TO
LEAVE? [9/10/04]
It
is not that easy. This is the reason a "contract"
is necessary. Retain a medically oriented legal
counsel to assist you in dissolution of
partnership professionally.
10. I HAVE BEEN INFORMED
THAT THERE ARE MULTIPLE CHARGES AND INDICTMENTS
AGAINST CALIFORNIA MEDICAL AND MEDICARE
PARTICIPANTS IN THE LAST ONE YEAR. IS THIS
CORRECT?
You
heard right. There has been intense
investigative work against medical fraud by
California Attorney General & FBI in the last
two to three years. Subsequently, great number of
arrests of medical providers and disciplinary
measures. See the page for CBC and URin ANALYSIS
for some examples.
11. IS
THERE ANY NEW CHANGES ABOUT TRIPLICATE
PRESCRIPTION PAD AS OF JANUARY 2005?
The
triplicate prescription form required to prescribe
Schedule II medications is being replaced by a
tamper-resistant prescription pad that will be
available from private printing companies that
have been approved by the Board of Pharmacy and
the Department of Justice. The new form may be
used after July 1, 2004 although triplicate forms
can still be used through December 31,
2004.
On January 1, 2005, all written
controlled substance prescriptions (for Schedules
II-V) must be on the new, tamper-resistant
prescription form.
Special Alert Regarding Triplicate
Prescription Forms:
The state exhausted its supply of
triplicate prescriptions earlier than anticipated
and was unable to fill some orders received before
the July 1 deadline. Physicians who run out of
triplicate will be able to use an "emergency-fill"
exemption to write prescriptions for controlled
substances.
Department of Justice (DOJ)
recommends that affected physicians invoke the
emergency prescription statute (Health and Safety
Code §11167), which permits the use of regular,
nonsecure prescription forms for Schedule II
prescriptions in "an emergency where failure to
issue a prescription may result in the loss of
life or intense suffering." To do this, physicians
simply write "11167" on the regular prescription
form and submit it to a pharmacy.
Although section 11167 requires
physicians to follow-up by submitting a triplicate
or tamper-resistant form to the pharmacist within
seven days of the initial prescription, DOJ and
the pharmacy board recognize that because of the
lack of proper prescription forms that may be
impossible for some physicians. DOJ will not
pursue enforcement efforts against these
physicians who have documented their situation,
including their attempts to order the appropriate
forms.
For information on the major changes
to prescribing laws and approved security
printers, click here.
12.
COULD WE CHECK OUR PATIENTS' RECORDS OF DRUG
ABUSE?
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All licensed healthcare practitioners
(who are authorized to obtain triplicate
prescription forms) are able to obtain a
"patient" history or activity report from the
Department of Justice, Bureau of Narcotic
Enforcement, to assist in identifying those
patients who may be "doctor shopping." The
patient activity report will provide the
physician with a list of all Schedule II
prescription drugs that have been prescribed to
the patient and will include the name of the
practitioner issuing the prescription and the
pharmacy where the prescription was filled. The
patient activity report may also assist the
physician in determining if a patient has
altered the quantity of drugs prescribed from
the original order or if illegal orders have
been made in the physician's name by office
personnel or others. Any questions regarding
this program can be directed to the Department
of Justice, Triplicate Prescription Program at
(916) 319-9062.
For additional information on how to
obtain this report, click here | |
 13.
MY
WIFE FILED DIVORCE AND HER ATTORNEY TOLD
ME THAT SHE WANTS TO MOVE TO NYC AND TAKE MY
KIDS WITH HER. COULD SHE DO
THAT?
Not
that easy. First of all, you need an attorney to
petition the court and get an immediate
restraining order pending further hearing about
this matter. Although the court may not control
people's style of life, the court will have the
best interest of children in mind. Further, your
right as a father must be protected and you must
be able to entertain your visitation right. The
court frowns at parties who take punitive
measures against each other on account of
children.
14. BLUE SHIELD TOOK ME OFF THE PPO
LIST AND IS SENDING MY CHECKS TO PATIENTS, WHAT
SHOULD I DO?
You
must not waste your time. We handle cases like
this. If they are not helpful, we will take them
to court.
15. I AM IN N.Y. AND HAVE PROBLEM
WITH MEDICAL BOARD. CAN YOU
HELP?
Yes.
Call us at 310.804.5225.
16. MEDICAL BOARD CONTACTED ME FOR A
DUI. WHAT SHOULD I DO?
Medical Board takes jurisdiction
over Doctors for criminal convictions. Call us, we
can help you.
17. I AM A RESIDENT AND SOME
CRIMINAL CHARGES WAS FILED AGAINST ME 3 YEARS AGO
IN OHIO. CAN I APPLY FOR CALIFORNIA
LICENSE?
Be
very careful. You must speak with a medically
oriented lawyer to discuss the problems and your
options.
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DIET and ADLS: P.O. AS TOLERATED.
DIETARY    
This page is for questions by Medical
Providers and responses by other people. This is an open public
question and answer forum. Exercise your freedom of speech and ask
questions from other professionals. We will post your questions and
responses thereto. However, we reserve the right to maintain the
decorum and the prestige of professional tribune. Responses in this page are not expert opinions and
they should not be given expert weight. The questions of "DNR CLUB
MEMBERS" are not responded to in open Q & A Forum for they are
privileged and private communications intended for private
members. Q & A Forum may include question from experts
when said expert holds an Open Forum Lecture and hence, named expert
will respond to questions in a general non-consult format. As such,
responses in this page are not private or personal and are not
considered an expert opinion or advise.
Pose your questions and launch the
responses at: publisher@mdchronicle.com
"
Q & A" OPEN
FORUM
QUESTIONS BELOW HAVE BEEN POSED BY OUR ASSOCIATES.
PLEASE SEND YOUR RESPONSES TO EACH. WE SHALL PRINT RESPONSES IN 10
DAYS.
Site Contact for Q or A: publisher@mdchronicle.com
1. DO WE HAVE TO WRITE
BENZODIAZEPINES ON A SECURE PRESCRIPTION PADS STARTING JANUARY
2005
Yes. Starting January
1, 2005 all Schedule II Prescriptions must be on secure pads. The
California Pharmacy Board has provided a list of approved publishers
and you may order the Pads through them. Please see below for
the relevant California Code and feel free to contact us for further
information
California State Board of
Pharmacy
400 R Street, Suite 4070, Sacramento, CA
95814
Phone (916) 445-5014
Fax (916) 327-6308
www.pharmacy.ca.gov
STATE OF CALIFORNIA -- STATE AND CONSUMER
SERVICES AGENCY ARNOLD SCHWARZENEGGER,
Governor
Medical Board of
California
1434 Howe Avenue, Suite 92,
Sacramento, CA 95825
Phone (916)
263-2389
FAX (916)
263-2387
www.caldocinfo.ca.gov
December 20,
2004
To: California
Pharmacists and California Physicians and Surgeons
From: Patricia F. Harris
David T. Thornton
Executive Officer
Executive Director
State Board of Pharmacy
Medical Board of California
Re: Schedule II
Prescriptions and Section 11167 of the Health and Safety
Code
Effective January 1, 2005
all written prescriptions for schedule II-V controlled substances
must be on tamperresistant
prescription forms that
are purchased from state-approved, designated security printing
companies.
Prescribers who do not
have the tamper-resistant prescription forms may have difficulty
providing good patient
care when that care
necessitates prescribing a Schedule II controlled substance.
Prescriptions for Schedule IIIV
can be dispensed upon an
oral or electronically transmitted prescription. Prescribers can
also fax a regular
prescription form for
Schedule III-V drugs.
With regard to Schedule
II prescriptions, prescribers without the required security forms
may in limited
emergency circumstances
use the exception to the security form requirement offered by
Section 11167 (copied
below) of the Health and
Safety Code to prescribe a Schedule II controlled substance for a
patient in need.
The Board of Pharmacy and
the Medical Board of California are most concerned that the
healthcare needs of
legitimate patients be
met during the implementation period for the new security
prescription forms.
Pharmacists receiving
prescriptions with the 11167 notation should exercise their
professional judgment in
filling these
prescriptions, with the highest priority given to evaluating whether
a prescription is authentic and
issued for a legitimate
medical purpose. This may require contacting the prescriber’s office
to verify the
prescription. In
addition, if pharmacists have reason to believe that a prescriber is
delaying or avoiding use of
security prescription
forms, relying on Section 11167 for non-emergent Schedule II
prescriptions, or otherwise
misusing the limited
emergency authority given by Section 11167, pharmacists may choose
to file a complaint
with the appropriate
licensing board for the prescriber in question.
For their part,
physicians need to make a good faith effort to obtain the new
tamper-resistant security forms in
compliance with the law
and provide the written prescription on the new form by the seventh
day after the
initial order. The boards
are concerned that patient care is not interrupted as long as both
the prescribers and
pharmacists are making
good faith efforts to comply with this new law. There are nearly 50
approved printers
with more than 1,000
distributors, so obtaining the new security forms should not be a
problem.
Additional
information on SB 151 is available on the Board of Pharmacy Web
site: www.pharmacy.ca.gov and
the Medical Board of
California’s Web site: www.caldocinfo.ca.gov.
11167.
Notwithstanding subdivision (a) of Section 11164, in an
emergency where failure to
issue a prescription may result
in loss of life or intense suffering, an order for a
controlled
substance may be dispensed on an
oral order, an electronic data transmission order, or a
written
order not made on a controlled
substance form as specified in Section 11162.1, subject to all
of
the following
requirements:
(a) The order contains all
information required by subdivision (a) of Section
11164.
(b) Any written order is signed
and dated by the prescriber in ink, and the pharmacy
reduces
any oral or electronic data
transmission order to hard copy form prior to dispensing
the
controlled
substance.
(c) The prescriber provides a
written prescription on a controlled substance prescription
form
that meets the requirements of
Section 11162.1, by the seventh day following the
transmission
of the initial order; a postmark
by the seventh day following transmission of the initial
order
shall constitute
compliance.
(d) If the prescriber fails to
comply with subdivision (c), the pharmacy shall so notify
the
Bureau of Narcotic Enforcement in
writing within 144 hours of the prescriber's failure to do
so
and shall make and retain a hard
copy, readily retrievable record of the prescription,
including
the date and method of
notification of the Bureau of Narcotic
Enforcement.
(e) This section shall become
operative on January 1, 2005.
2. I RECEIVED A NOTICE FOR MEDICAL
MALPRACTICE. WHAT SHOULD I DO FIRST?
You could contact your
Medical Malpractice Insurance Company. As an alternative you may
consider seeking consult from other attorneys to look in to the
issue for you. MDCHRONICLE members contact our legal expert and
receive recommendations accordingly. Contact MDCHRONICLE Legal
experts for further information.
3. I HAVE A CASH PRACTICE. COULD
I CHARGE PATIENTS ANY PRICE I WANT OR THERE IS A
LIMIT?
Expert fees are expert
fees and no one can tell you what is your fee. However, if you are
members of insurance company plans, or when you accept Medicare
assignments, you have to charge according to their schedules. You
want to charge your fees, then do not sign contractual agreements
with insurance plans. As long as you are fair, honest, ethical, and
professional, you can charge a fair price for your professional
services whatever its value.
4. AN AGENT OF CALIFORNIA
MEDICAL BOARD APPEARED IN MY OFFICE AND TOLD ME THAT HE WANTED
TO ASK ME SOME QUESTIONS. I LEFT THE OFFICE. WHAT SHOULD I DO?
You have to contact an
attorney immediately. Medical Board has the full right to check
practice of physicians. Contact MDCHRONICLE Legal experts for more
information.
5. MY WIFE FILED DIVORCE
AND HER ATTORNEY ASKED ME TO LEAVE THE HOUSE. COULD SHE DO
THIS?
This is called a kick
out order. Unfortunately, it could be done through the family court
orders. This may be even done as an ex-parte basis [as an emergency
appearance in the court]. You need a legal counsel immediately. We
recommend our legal experts who are doctors and lawyers and are
familiar with medical care provider issues and concerns.
6. THE HOSPITAL MEDICAL STAFF SENT ME
A NOTICE TO APPEAR FOR INTERVIEW IN 30 DAYS. WHY
Something is wrong.
There is either a complaint filed against you, or there is some
matter of concern that hospital wants to interrogate you for it. Be
careful, hospital is not going to endanger itself for you. As such,
do some investigation and find out about the concern. If there is a
complaint against you, it is better if you appear with a
legal counsel. You may ask our legal experts to contact the hospital
for you and do primary work up.
7. I WANT TO SUBLEASE MY OFFICE WITH
ANOTHER MD. DO I NEED CONTRACT?
Absolutely. You must
cover yourself for economical issues, malpractice issues, and other
complicated legal concerns that come in to play in an association,
partnership, or joint venture.
8. I WANT TO DISOLVE MY PARTNERSHIP
WITH ANOTHER MD. COULD I ASK HIM TO LEAVE?
[9/10/04]
It is not that easy.
This is the reason a "contract" is necessary. Retain a medically
oriented legal counsel to assist you in dissolution of partnership
professionally.
9. I HAVE BEEN INFORMED THAT THERE
ARE MULTIPLE CHARGES AND INDICTMENTS AGAINST CALIFORNIA MEDICAL AND
MEDICARE PARTICIPANTS IN THE LAST ONE YEAR. IS THIS
CORRECT?
You heard right. There has been intense
investigative work against medical fraud by California Attorney
General & FBI in the last two to three years. Subsequently,
great number of arrests of medical providers and disciplinary
measures. See the page for CBC and URin ANALYSIS for some
examples.
10. IS
THERE ANY NEW CHANGES ABOUT TRIPLICATE PRESCRIPTION PAD AS OF
JANUARY 2005?
The triplicate
prescription form required to prescribe Schedule II medications is
being replaced by a tamper-resistant prescription pad that will be
available from private printing companies that have been approved by
the Board of Pharmacy and the Department of Justice. The new form
may be used after July 1, 2004 although triplicate forms can still
be used through December 31, 2004.
On January 1, 2005, all written
controlled substance prescriptions (for Schedules II-V) must
be on the new, tamper-resistant prescription form.
Special Alert Regarding
Triplicate Prescription Forms:
The state exhausted its supply
of triplicate prescriptions earlier than anticipated and was unable
to fill some orders received before the July 1 deadline. Physicians
who run out of triplicates will be able to use an "emergency-fill"
exemption to write prescriptions for controlled
substances.
Department of Justice (DOJ)
recommends that affected physicians invoke the emergency
prescription statute (Health and Safety Code §11167), which permits
the use of regular, nonsecure prescription forms for Schedule II
prescriptions in "an emergency where failure to issue a prescription
may result in the loss of life or intense suffering." To do this,
physicians simply write "11167" on the regular prescription form and
submit it to a pharmacy.
Although section 11167 requires
physicians to follow-up by submitting a triplicate or
tamper-resistant form to the pharmacist within seven days of the
initial prescription, DOJ and the pharmacy board recognize that
because of the lack of proper prescription forms that may be
impossible for some physicians. DOJ will not pursue enforcement
efforts against these physicians who have documented their
situation, including their attempts to order the appropriate
forms.
For information on the major
changes to prescribing laws and approved security printers, click
here.
11. COULD WE CHECK OUR
PATIENTS' RECORDS OF DRUG
ABUSE?
|
|
|
|
All licensed healthcare
practitioners (who are authorized to obtain triplicate
prescription forms) are able to obtain a "patient"
history or activity report from the Department of
Justice, Bureau of Narcotic Enforcement, to assist in
identifying those patients who may be "doctor shopping."
The patient activity report will provide the physician
with a list of all Schedule II prescription drugs that
have been prescribed to the patient and will include the
name of the practitioner issuing the prescription and
the pharmacy where the prescription was filled. The
patient activity report may also assist the physician in
determining if a patient has altered the quantity of
drugs prescribed from the original order or if illegal
orders have been made in the physician's name by office
personnel or others. Any questions regarding this
program can be directed to the Department of Justice,
Triplicate Prescription Program at (916)
319-9062.
For additional information
on how to obtain this report, click here | |
12. COULD YOU PUBLISH
THE CURRENT DISCIPLINARY HOT SHEET OF CALIFORNIA BOARD FOR
US?
CLICK
BELOW
April 2006 Action Report
June 2006 Hotsheet
Action Report
13. COULD PRACTICE OF MEDICINE BE
UNIONIZED?
To simplify this response, the answer
is NO. The union of physicians to control the Market and flow of
commerce violates Federal Antitrust Laws and criminal liabilities
lie. However, there are certain activities that are permissible
under parlance of Antitrust rules; these permissible conducts are
those anticipated by Federal Labor Laws. This is a very complex
legal question and you must get a legal consult when you wish having
physicians' professional groups, partnerships, and complex
association of doctors. Stay on the side of law to be
successful
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