1429 Walnut Street, Ste. 1300, Philadelphia, PA 19102 • Toll Free: 866-657-7318 • Local: 215-268-7241
A Sampling of Cases From Atty. 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.- We represented a nurse who was diverting drugs from the hospital where she worked. We persuaded the prosecutor to allow our client to enter the Voluntary Recovery Program (VRP). 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.
- 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 The Petition for Appropriate Relief was withdrawn and the nurse’s name was removed from the National Data Bank as being in suspended status.
- We represented a physician assistant who 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.
- We represented a doctor who 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.
- We represented a nurse who 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.
- We represented a nurse who 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.
- 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.
- We represented a physician assistant who 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.
- We represented a doctor of osteopathic medicine who 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.
- We represented a nurse who 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.
- We represented a doctor who was licensed in another state and was applying for a medical license in Pennsylvania so he could begin a fellowship at a local hospital. He had a recent DUI conviction in the other state. We examined all of the underlying criminal documents relating to the DUI conviction and guided him through the medical licensing process in PA. The doctor was granted an unrestricted Pennsylvania medical license in spite of the recent DUI conviction.
- We represented a medical student who was applying for several residency programs throughout the United States. In his past, he had contacts with the criminal justice system. We reviewed the paperwork on his criminal cases, reviewed the various licensing applications from the states where he was applying for a residency and counseled him on his options. He was admitted into the residency program of his choice and was able to obtain a medical license in the state of his residency program.
- We represented a nurse who had her Pennsylvania nursing license revoked as a result of a violation of a Consent Agreement. The nurse did not retain our services until after she was suspended in Pennsylvania. She also maintained a Florida nursing license and worked as a nurse in Florida. The nurse received a letter from the Office of Inspector General, Department of Health and Human Services informing her that the Office of Inspector General was considering excluding her from participation in all federal healthcare programs as a result of her Pennsylvania license suspension. We communicated with the Office of Inspector General and supplied them with documents we felt were pertinent to her situation. As a result, the Office of Inspector General declined to exclude the nurse from participating in all federal healthcare programs, allowing our client to continue practicing as a nurse in Florida.
Disclaimer:
The information you obtain at this Web site is provided for information only and is not intended to be legal advice. You should consult an attorney for advice regarding your particular situation. Contacting us does not create an attorney/client relationship. Do not send any confidential information to us until an attorney/client relationship has been established.
