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Health Law Blog

Board Investigations -Frequently Asked Questions

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Having worked long and hard to complete medical school and develop a healthcare practice, it is understandably upsetting and stressful to receive notice of a professional complaint and investigation. A provider’s ability to practice, professional reputation and livelihood are dependent on maintaining a license to practice and professional discipline can put all of that in jeopardy. An experienced healthcare lawyer…
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Virginia Board of Psychology Guidance Document

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In my practice, I often come across mental healthcare providers who seem unaware of the Virginia Board of Psychology’s Guidance Document on the Use of Assessment Titles and Signatures. Guidance document 125-8, adopted on October 30, 2018, notes that conducting client evaluations or assessments pertaining to diagnosis and psychosocial or mental health functioning is within the scope of practice of…
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Professional Wills

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For mental health providers, advance planning is more than just a prudent business strategy: it is an ethical obligation.A professional will provides a comprehensive way for mental health providers, from psychologists to licensed clinical social workers and licensed professional counselors, to plan for unforeseen circumstances resulting in a provider’s incapacity or death. In short, the will delineates the steps a…
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Do I Need a Lawyer?

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Healthcare providers often seek legal counsel after having a negative or surprising experience with a regulatory agency, such as a licensing board or government oversight entity. Unfortunately, many healthcare providers learned the hard way that well-meaning comments they made or documents they provided to the government are used against them. Surprised, these providers often say that the government representative told…
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What to Expect from A Virginia DHP Investigation

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For healthcare providers, reputation is currency: a glowing review from a patient can be a ticket to long-term success, while a complaint or allegation that casts doubt on your fitness to practice or bedside manner can be stressful, upsetting, and detrimental to your career and livelihood. The Department of Health Professions (DHP) is a state agency that regulates healthcare providers…
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The Importance of Communication, Even During Pandemic

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I have noticed a recent uptick in the number of complaints (and sometimes ensuing disciplinary action) related to communication between patients/clients and healthcare providers. Understandably, some healthcare providers closed their practices or reduced services or hours during the pandemic. Despite the unusual circumstances leading to such action, healthcare providers still owe a duty to patients and must fulfill their obligations…
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But Everyone Is Doing It….

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I often hear this response from healthcare providers under investigation. And it may be true that other providers are doing the same thing you have been accused of wrongfully doing. But the simple fact that “others are doing it” does not mean that it is appropriate or legal. It also does not mean that your actions will be excused.Regardless of…
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Reopening your Healthcare Practice

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Many healthcare providers are evaluating how to safely reopen their practices in light of COVID-19. The AMA recently shared a checklist designed to help providers reopen with an emphasis on new precautions, including screening patients before visits. Below is a link to the AMA article which might be helpful. Good luck! If I can be of assistance, I am happy…
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Why Careful Review of Your Employment Contract is Important

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Many healthcare providers are surprised to hear that some employment contracts may contain terms that do not comply with federal and state laws. I see this often in employment with mental healthcare providers. Just because your employer presents you with an agreement, does not mean its terms are legal. If there are illegal provisions, they can impact you as well…
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The Importance of Compliance

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Many healthcare providers struggle with compliance. It can be a daunting, expensive task, but given the risks of a compliance failure, it is important for healthcare providers to continue to aim for a culture of compliance.  Compliance can help providers avoid costly penalties and fines. It can improve staff communication and patient care and may improve your business. Healthcare compliance requires healthcare…
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