The following case summaries represent a small portion of the cases handled by Elder & Good. Together, the summaries cover a wide spectrum of the types of issues that we encounter while representing physicians, dentists, nurses, pharmacists and other licensed professionals before their state Boards and in courts of law in Kentucky and Ohio.
Every case is different, consisting of distinct facts, circumstances and applicable law that come together to influence the resolution. The most important factor to influence the resolution is your choice of law firm, the level of experience of its attorneys handling your specific type of case, and the manner in which they evaluate, advocate and present information on your behalf. Please contact our experienced attorneys if your professional license is at risk or may be at risk before your Board or in a court of law.
Physician (M.D.) — Physician alleged to have committed standard of care violations regarding work in emergency room, including failing to respond in a timely manner to a critical patient. Physician also accused of self-prescribing and ingesting the medications. Physician retained counsel from a large regional law firm to represent him before the Medical Board. After a hearing, the Medical Board revoked his medical license. Physician retained Elder & Good to appeal his revocation to a court of law. After reviewing the entire record of the proceedings before the Board, including the videotaped hearing and all documentation relating to the case, we filed the appeal. We also filed with the court a motion and brief in support of a restraining order and temporary injunction to prohibit the Medical Board from enforcing the revocation during the appeal. After a hearing, the judge granted our motions. Upon considering the appeal, the judge ruled that the Medical Board had committed several errors relating to the revocation of the physician’s medical license and ordered the Board to reconsider the penalty, if any. The physician now holds a valid, unrestricted medical license that is not subject to a disciplinary order.
Nurse (RN) — Nurse terminated from job over suspected diversion of controlled medications and substantial numbers of documentation errors involving controlled medications. Nurse retained Elder & Good after attempting to represent herself for several months during Nursing Board investigation, after meeting with Board representatives and after the Board offered a disciplinary order.
The disciplinary order would have required the nurse to admit: misusing or misappropriating drugs, falsifying or making incorrect entries in essential records and otherwise negligently or willfully acting in a manner inconsistent with the practice of nursing. The rejected disciplinary order mandated three years probation and contained 21 conditions/restrictions on her nursing license, including: (1) no access to or administration of controlled medications during her first year of probation; (2) access and administration of controlled medications during her second year of probation only under the direct supervision of a physician or nurse; (3) any and all patient care required the direct, continuous, on-site observation of a licensed nurse or physician during the entire probationary period; (4) no employment in a managerial or supervisory position during the entire probationary period; (5) daily call-ins for random urine drug screens during the entire probationary period; (6) no direct patient care in the following settings: private duty, nurse registry, temporary nurse employment agency or home health care during the entire probationary period and (7) an $1800.00 fine.
We immediately reviewed the case, conducted a meeting with Board staff, reviewed the relevant records and advised Board staff that additional medication administration and PYXIS records were needed to correctly assess the case. During the meeting, we discerned that Board representatives continued to rely on insufficient records and also substantiated violations without sufficient evidence. Afterward, the Board obtained more records and we provided additional submissions setting forth our position on the evidence, facts and law. In the end, the Board withdrew its proposed disciplinary order and resolved the case with no action against our client’s nursing license. As a result, her nursing license is completely free of conditions, restrictions or any discipline.
Pharmacist — Board of Pharmacy opened two investigations against pharmacist. The first investigation was centered upon his employment as PIC with a pharmacy that he did not own. The second investigation related to a pharmacy that the pharmacist subsequently opened and operated as PIC. The pharmacist did not hire an attorney to assist with the investigation.
At the conclusion of the investigation, the Board of Pharmacy found that the pharmacist violated pharmacy laws and regulations due to controlled substance shortages, numerous early refills and inaccurate record keeping at both locations. The Board of Pharmacy presented the pharmacist with an Agreed Order of Surrender. Under the terms of the Order, the Pharmacist was required to surrender his pharmacy license for one year. After one year, his pharmacy license would be placed on probation for three years. Additionally, he would be prohibited from serving as PIC during the probationary period. Under this Order, the pharmacist would have been unable to keep his pharmacy in business.
The pharmacist retained Elder & Good to challenge the Board’s conclusions and evidence. We reviewed all evidence, noted numerous flaws in the Board of Pharmacy investigation in writing and upon several meetings with Board of Pharmacy representatives, and obtained evidence establishing that several of the Board’s conclusions were incorrect.
The Board of Pharmacy withdrew all allegations relating to the first investigation. It also withdrew the allegations of controlled substance shortages and inaccurate record keeping relating to the second investigation. Importantly, the Board of Pharmacy also withdrew the Agreed Order of Surrender, requiring no surrender or suspension of the pharmacist’s professional license. Instead, the pharmacist resolved the investigation through a probationary order in which he is permitted to remain PIC during his probationary period. The pharmacist continues to operate his own pharmacy as PIC.
Advanced Registered Practice Nurse (APRN) — Nurse was disciplined by the Nursing Board after failing to respond to an investigative complaint. The nurse had moved residences, failed to notify the Board of his new address, and therefore did not receive notice of the investigative complaint or ensuing disciplinary order. The nurse learned of his disciplinary order while seeking to be credentialed by a hospital after the discipline was noted in the National Practitioner Data Bank. He contacted the Board, explained his reasons for not responding to the investigation or complaint and requested that the Board rescind the disciplinary order so he could provide favorable information regarding the underlying complaint. The Nursing Board declined, advising that his only remedy was to appeal to a court of law. At this point, the nurse hired Elder & Good. We filed an appeal with a court of law seeking reversal of the Nursing Board’s disciplinary order. We also made an open records request with the Nursing Board for all pertinent information relating to the underlying investigation. Pursuant to the open records request, we obtained favorable evidence that the Nursing Board ultimately conceded should have prevented a disciplinary complaint and order. The Nursing Board agreed to rescind the disciplinary order and to dismiss its complaint without the necessity of the judge ruling on the appeal. The nurse’s license now reflects that it has never been disciplined and the National Practitioner Data Bank entry has been removed.
Nurse (RN) — Kentucky Nurse received notice from Cabinet for Health and Family Services of a substantiated claim of abuse or neglect of a patient at a rehabilitation and long term care facility to result in placement on the Caregiver Misconduct Registry. Registered Nurse contacted Chad Elder, Attorney, Elder & Good for representation. We made a request for a hearing to the Cabinet. The Kentucky Board of Nursing soon followed with an investigation regarding the same facts. Chad Elder was able to have the Cabinet hearing held in abeyance pending the result of the KBN investigation. After presenting relevant facts as to the client RN’s involvement with the patient and the role other staff played in an medication documentation error at the time of patient’s admission, the KBN dismissed the case against our client. After presenting this result to the Cabinet’s legal counsel, the Cabinet reversed its finding of abuse or neglect. Client RN able to continuously practice during investigation and cases ended with no disciplinary action by either the Kentucky Board of Nursing or the Kentucky Cabinet of Health and Family Services.
Physician (M.D.) — Physician investigated for inappropriate prescribing of controlled medications. The Medical Board subpoenaed 15 patient charts and sent them to its expert for review. The Board expert found deficiencies in documentation, a lack of rationale for dosage levels of medications and insufficient monitoring for addiction/abuse of controlled medications. The expert also found evidence of drug diversion/abuse by patients and “doctor shopping” in the medical records. Throughout the Medical Board investigation, Elder & Good provided submissions to the Board and assisted the physician in drafting summaries of each patient chart to explain gaps in documentation and other deficiencies. We also assisted the physician with altering office protocols relating to documentation, screening for drug diversion/abuse and addressing other practice deficiencies. In addition, we advised the physician to complete certain Board approved courses directly related to his practice deficiencies, which he completed. Importantly, we provided written submissions and verification to the Medical Board regarding these proactive steps and corrections during the course of the investigation but prior to the issuance of a disciplinary complaint or proposed disciplinary order. The Board ultimately voted to take no action against the physician’s medical license.
Physician (M.D.) — The Medical Board imposed a disciplinary order against a physician who represented himself before the Board. Shortly thereafter, the Multi-plan insurance network terminated him as a provider based on the disciplinary order. He retained Elder & Good to appeal the termination. After we filed written submissions on his behalf, Multiplan reversed the termination and reinstated the physician as an insurance provider under its program.
Nurse (RN) — Nurse accused of patient abuse by nurse aid. Based on the allegation, criminal charges were filed against her. Nurse retained an attorney who worked out a plea agreement requiring a guilty plea to a misdemeanor charge. After pleading guilty, the Department of Health and Human Services advised nurse that she was no longer eligible to work in facilities that participate in federal programs, such as Medicare and Medicaid, for five years. The Board of Nursing also sent the nurse an Agreed Order of Probation with conditions and restrictions on her nursing license. At this point, nurse retained Elder & Good. First, we filed a motion in criminal court requesting the judge to permit the nurse to withdraw her plea of guilty, which the judge granted. Second, we appealed the HH&S exclusion from federal programs, resulting in reversal of its decision to exclude her. Third, the Board of Nursing agreed not to place her license on probation or impose any restrictions on her nursing license. Rather, the Board agreed to issue a reprimand, impose a $500 fine and require that she complete a nursing education course. Ultimately, after court hearings and negotiations with the prosecutor, all criminal charges were dismissed. As a result of our representation, the nurse has no criminal convictions, no exclusion from Medicare, Medicaid or other federal programs and a nursing license with no restrictions.
Nurse (RN) – Nurse fired from hospital based on narcotic documentation and distribution errors and reported to the Board of Nursing. Hospital alleged two major medication errors in five month period in which patients received more Insulin and Roxinol than ordered. Hospital also alleged discrepancies between medications taken from the Omni Cell and noted on the MAR as given to patients and that medications were not documented as given or wasted. Nurse retained Elder & Good during onset of Nursing Board investigation. We obtained and reviewed all relevant documentation and records pertaining to the allegations from the Board, including Omni Cell, MAR and patient records, as well as the nurse’s personnel file and chemical dependency evaluation. We met with Board investigators and the Board attorney to explain and defend our position that the nurse had not committed a violation. We also submitted relevant documents and correspondence on our client’s behalf. The Nursing Board took no action against the nurse’s license.
Nurse (RN) – Nurse under an Agreed Order of Probation with the Kentucky Board of Nursing violated the conditions of his probation and admitted to the violations. The nurse retained Elder & Good attorneys to defend his nursing license during a formal hearing before KBN Board members to determine whether they would impose a two year suspension. The KBN Board members voted to extend probation rather than suspend his nurse license after we presented mitigating evidence and testimony.
Physician (MD) – Physician under a Medical Board disciplinary order was subject to routine monitoring and chart reviews by board consultant. Board consultant found several violations of standard of care during chart review, including prescribing and documentation issues, as well as inadequate physical examinations and other problems. Doctor retained Elder & Good attorneys to defend his medical license after KBML voted to take additional action against his medical license and to require him to attend a clinical competency assessment through the Center for Personalized Education for Physicians (CPEP) in Denver, Colorado. After we engaged in the litigation process, including filing formal responses on behalf of the doctor, engaging in discovery, providing crucial additional documentation to the Medical Board and retaining an independent expert to evaluate the same medical charts, the Board ultimately dismissed the Complaint in favor of a minor modification of his prior disciplinary order.
Nurse (RN) — Nurse terminated from hospital for alleged physical and verbal abuse of a patient. Nurse retained Elder & Good to represent her before the Board. We obtained and reviewed all relevant documentation and records pertaining to the allegations from the Board. We filed a formal response to the complaint, highlighting the errors, inconsistencies and contradictions present in the witness statements and hospital investigation. In addition, we obtained favorable witness statements, including a written statement from a critical eyewitness who contradicted the hospital on key points. The Nursing Board ultimately took no action against the nurse’s license.
Physician (M.D.) – Emergency Room physician alleged to have abused a combative and uncooperative patient. Complaint filed with Medical Board by hospital where encountered occurred. Elder & Good attorneys retained to represent physician before the Medical Board. Our attorneys interviewed witnesses independently of the Medical Board and obtained numerous statements from colleagues and hospital staff supportive of the physician. Additionally, we directed the physician to appropriate educational/training program on dealing with disruptive patients. Following submission of formal responses, supportive statements and documents on behalf of the physician, our attorneys appeared before the Board. After consideration of the physician’s position, the Medical Board voted to take no disciplinary action against the physician’s medical license.
Physician (M.D.) – In reactivating medical license, physician reported surrender of medical licenses in two jurisdictions and reprimand in third. Physician informed by Board that application was subject to denial. Elder & Good retained upon receipt of notice of denial. Upon submission of appropriate mitigating and supporting documentation, doctor’s medical license reactivated without limitation or restriction.
Nurse (RN) – Kentucky Board of Nursing issued a complaint and Immediate Temporary Suspension (ITS) alleging abuse of patient and failing to report abuse by another. Criminal charges were filed by RN’s former employer (Correctional Institution) for assault and official misconduct. Elder & Good retained at beginning for both Board and criminal cases. After review of evidence in criminal case, Court hearings and negotiations with prosecution, criminal charges against nurse were dismissed. Following resolution of criminal charges, Elder & Good was able to expedite meeting with Board investigator and prosecuting attorney. After submissions on behalf of RN and extensive discussions of case with Board personnel, Board agreed to lift the ITS prior to resolution of the case as nurse did not pose a danger to patients or the public. Based upon position set forth on behalf of client, submissions provided to the Board and favorable disposition of the criminal charges, the Nursing Board elected to take no formal action against RN’s license and simply issued a Letter of Concern. As a result of our representation, the nurse has no criminal convictions, no exclusion from Medicare, Medicaid or other federal programs and a nursing license with no restrictions.
Physician (D.O.) – In original Osteopathic license application, physician failed to disclose discipline during residency. Physician was also placed on probation in subsequent residency training program. Physician informed by Board that application was subject to denial. Elder & Good retained upon receipt of notice of denial. Additional supportive information submitted and addressed issues in person with Board. Osteopathic license granted with reprimand and minimum fine for non-disclosure on application.
Physician (M.D.) – ABFM revoked physician’s Board certification based on temporary order prohibiting physician from practicing. We appealed the decision, which resulted in reinstatement of Board certification.
Physician (M.D.) – Patient alleged to have been over-medicated by physician, thereby contributing to vehicle accident and patient’s death. Review of additional patient records and prescribing of controlled substances in each instance. Elder & Good retained during course of investigation. Upon submission of independent consultant review and other supportive information, Medical Board dismissed case without action against physician’s license.
Physician (M.D.) — Physician employed by prison terminated for standard of care issues related to four patients. Prison filed grievance against physician with the Medical Board. Medical Board expert reviewed the patient charts and found that physician’s, “continued practice could constitute a danger to the health, welfare or safety of the physician’s patients.” Regarding one patient chart in question, the Medical Board expert specifically opined that physician’s diagnosis, treatment and records were below standard of care due to lack of documentation, poor choice of therapeutic measures chosen and inappropriately withdrawing treatment as a punitive measure. Regarding another patient chart, the Medical Board expert concluded that physician’s diagnosis, treatment and records were below standard of care due to lack of documentation of appropriate monitoring and choice not to send patient with a known history of coronary artery disease complaining of chest pains to appropriate facility for evaluation and treatment, potentially contributing to the patient’s death. Medical Board expert also found below standard documentation relating to two additional patient charts. Based on this information, the Medical Board voted to take disciplinary action against the physician and to require his attendance at a clinical competency assessment through the Center for Personalized Education for Physicians (CPEP) in Denver, Colorado. The Board also authorized its attorney to file an emergency order of suspension in the event the physician rejected the Board’s resolution. The physician did not accept the Medical Board’s resolution of the matter and, at that point, he retained Elder & Good. After we engaged in the litigation process, including filing formal responses on behalf of the doctor, engaging in discovery, providing crucial additional documentation to the Medical Board and retaining several independent experts to evaluate the same medical charts, the Board ultimately did not file an emergency order of suspension against the physician, require him to attend the clinical competency assessment through CPEP or place any restrictions on his medical license. Ultimately, the physician agreed to complete two documentation classes and to permit the Board to review additional patient charts in the future.
Physician (M.D.) — Physician accused of long term sexual relationship with patient and standard of care violations. The Medical Board sent the physician notice of its intent to file a formal disciplinary complaint and an emergency order of restriction or suspension. The doctor retained Elder & Good to respond to the allegations and to defend the case. We appeared before the Medical Board at the onset of the case and successfully argued against an emergency restriction or suspension. In addition, we presented evidence contradicting the Board experts’ findings of standard of care violations, including a report from an independent expert. While the Board case was pending, Medicaid terminated the physician’s Medicaid Provider Agreement. We appealed the termination in writing and appeared in person at a Medicaid Dispute Resolution Meeting. After the meeting, Medicaid reinstated the doctor’s Medicaid Provider Agreement. We ultimately resolved the Board case with a disciplinary order that included a chaperon requirement and other conditions, but that did not require termination, suspension, probation or practice restrictions on his medical license. The disciplinary order also specifically stated that the physician did not commit a standard of care violation.
After we resolved the Medical Board case, Medicaid again terminated the physician’s Medicaid Provider Agreement. We appealed the termination in writing, arguing that Medicaid did not have legal authority to terminate the physician. We conducted another Medicaid Dispute Resolution Meeting and engaged in a formal administrative hearing challenging the termination. After the hearing, Medicaid upheld the termination and we appealed to a court of law. As part of the appeal, we filed with the court a motion and brief in support of a temporary injunction to prohibit Medicaid from enforcing the termination while the appeal was pending. After a hearing, the judge granted our motion for an injunction, forcing Medicaid to reinstate the doctor’s Medicaid Provider Agreement until he ruled on the appeal. Ultimately, we won the appeal with the judge agreeing that Medicaid terminated our client without proper legal authority.
Subsequently, we petitioned the Medical Board to terminate the physician’s disciplinary order. After considering our written submissions and presentation to the Board members, the Board voted granted our request. The physician is now free of any disciplinary orders and he is a Medicaid Provider.
Physician (M.D.) – Physician alleged to have been involved in a romantic relationship concurrent with a physician-patient relationship. Records demonstrated that there was medical treatment provided to individual. Later, physician and individual dated. Elder & Good retained during course of investigation. Following submission of response and supportive information, the medical Board took no disciplinary action against the doctor’s license.
Physician (M.D.) – Elder & Good retained to appeal Department of Health & Human Services (DHHS), Office of Inspector General’s (OIG) Notice of Exclusion from Medicare, Medicaid and all Federal health care programs. Physician was notified of proposed exclusion based upon surrender of medical license in one state and revocation of medical license in another state. State licensure actions were based upon physician’s pleas of guilty to felony and misdemeanor drug offenses. After submission of appeal with supporting documentation on behalf of our client, the OIG did not implement the exclusion and closed the exclusion file with no further action.
Nurse (RN) – Former employer filed grievance with the Nursing Board alleging documentation errors and discrepancies involving controlled substance administration by nurse. Additionally, nurse tested positive for two (2) controlled substances (Morphine and Demerol) for which nurse could not produce valid prescription to support the results. Nursing Board elected to take no disciplinary action. Rather, nurse received letter of concern regarding the alleged documentation errors concerning her controlled substance administration. Nurse completed a continuing education course on substance abuse issues and paid a nominal civil penalty.
Nurse (LPN) – Nurse fired from hospital and reported to the Board of Nursing due to discrepancies in administration and documentation of controlled substances, including Percocet and Vicodin, relating to twelve patients. Prior to contacting Elder & Good, the Nursing Board attorney offered to resolve the grievance by placing the nurse’s license on probation for two years under an Agreed Order. In addition, the Board lawyer wanted to impose several restrictions on her nurse license, including prohibiting her from working in a managerial or supervisory position for two years and requiring that she could provide patient care only under the supervision of a RN or physician. The Nursing Board also wanted to impose a fine and require the nurse to provide a copy of the Agreed Order detailing the terms of probation to employers. Nurse chose not to accept the Board’s Agreed Order and retained Elder & Good to litigate the matter. We obtained and reviewed all relevant documentation and records pertaining to the allegations from the Board, including Omni Cell, MAR and patient records, as well as the nurse’s personnel file and chemical dependency evaluation. We met with Board investigators and the Board attorney to explain and defend our position that the nurse had not committed a violation. We also submitted relevant documents and correspondence on our client’s behalf. The Nursing Board took no action against the nurse’s license.
Physician (M.D.) – Physician faced with Complaint before Medical Board based upon providing medical treatment to individual with whom he was having an intimate relationship. Physician prescribed controlled substances to individual/patient in course of treatment and evaluation concurrent with the intimate relationship. Physician eventually referred patient to another physician in the specialty field for which the patient required treatment. Elder & Good attorneys retained to represent physician before the Medical Board. Our attorneys interviewed witnesses independently of the Medical Board and provided a formal response to the Board investigation. Additionally, we directed the physician to appropriate educational/training program on topic of ethics and professional boundaries. Following submission of formal responses and documents on behalf of the physician, our attorneys appeared before the Board. After consideration of the physician’s position, the Medical Board voted simply to issue a Letter of Admonishment to the physician and placed no conditions or restrictions on his medical license.
Nurse (RN) – Nurse fired from hospital based on allegation of acting outside her scope of practice. An extended care facility patient had suffered a distal femur fracture. Physician recommended application of Bucks Traction with five pound weight. At one point, an additional five pounds of weight was added to attempt to achieve better alignment of the fracture. The additional weight pulled the patient’s boot off, resulting in her leg becoming externally rotated and causing her more pain. The nurse attempted to put the patient’s foot back into the boot and reattach the traction to prevent further compromise of circulation or enervation to the area. In order to re-introduce the patient’s foot into the boot, a small amount of rotation of the leg was necessary. The hospital accused the nurse of acting outside her scope of practice by engaging in actions constituting a closed reduction of a patient’s fractured foot. The nurse retained Elder & Good after the hospital subsequently filed a grievance with the Board of Nursing. We obtained and reviewed all relevant documentation and records pertaining to the allegations from the Board, including patient records, the nurse’s personnel file and an Opinion Advisory Statement issued by the Board of Nursing relating to closed reduction of a fracture. We met with Board investigators and the Board attorney to explain and defend our position that the nurse had not committed a violation. We also submitted relevant documents and correspondence on our client’s behalf, including an expert medical opinion in our client’s favor. The Nursing Board took no action against the nurse’s license.
Nurse (RN) — Registered Nurse was employed in capacity of Certified Education Provider, evaluating individuals convicted of DUI for appropriate drug and alcohol education classes, as well as facilitating the classes. Nurse was terminated from employment after sending sexually suggestive text messages to a former participant. Nurse retained Elder & Good to represent him before the Nursing Board. We obtained and reviewed all relevant documentation and records pertaining to the allegations from the Board, including witness statements, copies of the text messages and the nurse’s personnel file. We met with Board investigators and the Board attorney to explain and defend our position that the nurse had not committed a violation. In addition, we submitted mitigating documents and correspondence on our client’s behalf. The Nursing Board ultimately took no action against the nurse’s license.
Nurse (RN) – Nurse convicted of DUI retained Elder & Good to assist her self-report the offense to the Board of Nursing under state law. After we drafted a letter of explanation and provided the Nursing Board with appropriate documents, the Board took no action against the nurse.
Nurse (RN) – Female nurse had been terminated from hospital based on alleged sexual abuse of a male patient. The hospital filed a grievance with the Board of Nursing, resulting in a Board investigation. The hospital also referred the matter to the Cabinet for Health & Family Services, also resulting in investigation. Nurse had been the subject of prior Board action, surrendering her nursing license for four years due to drug related issues and achieving reinstatement of her license two years before the sex abuse allegation. Nurse retained Elder & Good during onset of investigations. We obtained all relevant documentation and records pertaining to the allegations, including witness statements and the nurse’s personnel file. We met with Board investigators and the Board lawyer to explain and defend our position that the nurse had not sexually abused the patient. We also submitted relevant documents and correspondence on our client’s behalf. The Nursing Board took no action against the nurse’s license.
Dentist (DMD) – The Board accused a Dentist of two counts of negligence and 4 counts of failing to keep written dental history records that justify the course of treatment. Prior to retaining Elder & Good, the Dental Board attorney offered to resolve the complaint against the dentist as follows: 90 days active suspension; $36,000.00 in fines and costs, a probated dental license for two years and 40 hours of clinical, hands-on coursework. After retaining Elder & Good and engaging in the litigation process, including filing formal responses on the dentist’s behalf, engaging in discovery and conducting a formal mediation, the Board agreed to resolve the case without any active suspension or probated dental license, $7,500.00 in fines & costs and 40 hours of non-clinical coursework.
Dentist (DMD) – The Board accused a dentist of performing dental services on several patients in exchange for sex, prescribing controlled substances outside of the practice of dentistry, failing to maintain adequate medical history records and patient charts, committing a dishonest act in the course of providing dental services and creating a danger to the public, patients or employees of the dentist. Prior to retaining Elder & Good, the dentist had provided Board investigators with an admission to many of the allegations and was under federal criminal investigation relating to his prescribing practices, represented by other counsel on that matter (ultimately being convicted of a felony in U.S. District Court). After retaining Elder & Good to handle the Dental Board matter and engaging in the litigation process, the dentist retained his dental license subject to a one year active suspension, a probated license, various educational classes and $5,000.00 in fines & costs.
Nurse (RN) – Nurse alleged to have smelled of alcohol while on duty and to have addressed visitors unprofessionally. Elder & Good retained immediately upon Nurse being notified of grievance. Appropriate referrals were made and favorable evaluations were received. Response and supporting documentation filed with Board in advance of investigative meeting. Nursing Board dismissed case with no disciplinary action. Nurse was able to accept employment that was conditioned upon successful resolution of Nursing Board investigation.
Nurse (CRNA) – Nurse alleged to have touched patient inappropriately and made inappropriate comments about patient. Elder & Good retained to represent during Nursing Board investigation. Following written submissions and investigative meeting, case was dismissed by Nursing Board without disciplinary action against the nurse’s license.
Physician Assistant (PA-C) – Elder & Good retained by graduate of physician assistant program to assist him with initial certification application after being convicted of a misdemeanor. After we provided the Physician Assistant Advisory Committee with appropriate responses to affirmative answers on the licensure application and other appropriate documents, as well as appearing before the Advisory Committee on his behalf, the Committee recommended licensure to the Medical Board. The Medical Board granted our client a full, unrestricted certificate to practice.
Physician Assistant (PA-C) – Elder & Good retained to motion the Medical Board to terminate physician assistant’s Agreed Order of Indefinite Restriction, which placed restrictions on his license due to a prior disciplinary matter. After motioning the Medical Board for termination of the Order, including filing appropriate documents with the Board, working with the appropriate Physician’s Health Program and appearing before the Medical Board on his behalf, the Board terminated his Order. He now has a full and unrestricted physician assistant license.
Pharmacist (R.Ph.) – Pharmacist charged by law enforcement with theft of thousands of controlled substance pills for personal use. After retaining Elder & Good, our attorneys negotiated a felony diversion plea to one count of theft of controlled substances. Pursuant to agreement, charge will be dismissed after successful completion of diversion period with no felony record for the client. Elder & Good represented client before Board of Pharmacy. Following submission of response regarding criminal case and documented substance abuse treatment, our attorneys negotiated an agreement with Board of Pharmacy allowing continued practice with appropriate monitoring and continued after-care treatment.
Physician (M.D.) – Medical Board filed complaint against physician based on his prescribing practices. The Board based its complaint on the following findings of a Board consultant after a review of 15 patient charts:
Often the indications for the physician’s initiation of treatment with narcotics are unclear, or are simply not the standard and usual mode of treatment. He has prescribed significant quantities of narcotic analgesics for long-term use without clear justification through objective analysis or investigative medical testing. Although a controlled substance agreement has been signed by several of his reviewed patients, there are clear violations of the agreement by the patients without any documented action taken by the physician. These violations include on the part of the patient(s): early refills; using multiple pharmacies to obtain controlled substances; and requests for replacement prescriptions that were lost or misplaced. Violations of the agreement on the part of the physician include: refilling controlled substances early (often with a large quantity of medication); prescribing long-term narcotics without clear documentation of treatment modality failures, use of alternative non-narcotic medications, or evaluation or consultation with a specialist.
The Board consultant found that the physician was grossly ignorant: the pattern of prescribing narcotic analgesia by the physician to many of his patients would be deemed gross ignorance. A physician following the standard of care would not prescribe narcotic analgesics either initially or long-term in the extraordinary amounts that have been written by the physician. The Board consultant also found that the physician’s practice constituted a danger to the health, welfare, and safety to the physician’s patients or the general public.
Based on the Board consultant’s findings, the Medical Board filed a complaint against the physician, as well as an emergency order that prohibited him from prescribing controlled substances. At this point, the physician retained Elder & Good to handle his board case.
During the course of the case, the Medical Board amended the complaint to include additional allegations against the physician from another doctor. The complaining doctor claimed that he had been treating many of the physician’s former patients and, after reviewing over 100 patient charts, filed a grievance with the Medical Board based on the physician’s prescribing patterns. Ultimately, a coroner filed a third grievance with the Medical Board against the physician, claiming that his prescribing habits could have contributed to the death of six individuals.
Elder & Good engaged in the litigation process on behalf of the physician, including: filing formal responses on behalf of the doctor, engaging in discovery, litigating several pretrial motions with the Board attorney, providing crucial additional documentation to the Medical Board, retaining several independent experts to evaluate the same medical charts, recommending that the physician complete specific education courses, including courses related to prescribing and documentation, and facilitating new office policies and procedures relating to the physician’s medical practice. Ultimately, we resolved all the grievances against the physician with no restrictions or limitations on his medical license. In return, the physician agreed to: maintain a controlled substance log, implement appropriate screening modalities for drug abuse or diversion by patients, including urine drug screens, pill counts and Kasper reviews, and continued monitoring by Board agents.
Physician (MD) – Physician notified by Medical Board that he was under investigation based on a standard of care violation alleged by family member of a patient. Physician immediately retained Elder & Good to represent him during the investigation. Elder & Good provided formal responses to the allegations, provided documents and other correspondence to the Board and appeared before the Board on the physician’s behalf. The Medical Board voted to take no action against the physician’s medical license.
Physician (MD) – Doctor under Medical Board investigation for standard of care violation while working as emergency room physician. A board consultant, who reviewed the patient’s medical records and EMS run sheets, found doctor to have violated standard of care by failing to properly diagnose a pulmonary embolus that led to the patient’s death. Board consultant found the doctor to have committed “gross negligence or gross ignorance” and to constitute “a danger to the health, welfare, and safety of patients under his care in an emergency department. The Board voted to require doctor to enter into an agreement requiring him to attend a clinical skills assessment at the Center for Personalized Education for Physicians (CPEP) in Boulder, Colorado. At that time, doctor retained Elder & Good to represent him. After we notified the Board attorney that our client rejected the agreement, filed formal responses on behalf of the doctor, and provided additional expert opinions for the Medical Board’s consideration, the Board took no action against the doctor.
Physician (MD) – Physician under Medical Board disciplinary order excluded from participation in Medicare based on felony conviction. Physician retained Elder & Good to appeal the exclusion. After we drafted and filed the appeal, along with other relevant documents and records, Medicare reversed its decision and did not exclude physician.
Physician (MD) – Doctor surrendered medical license based on alcohol and benzodiazepine abuse and after blood and urine tests reflected a Blood Alcohol Content of .16% during the start of his shift at a hospital emergency room. Approximately one year later, the Medical Board reinstated the doctor’s medical license due to his compliance with a chemical dependency program, placing him under an Agreed Order of Indefinite Restriction. Four years later, he retained Elder & Good to terminate his Agreed Order of Indefinite Restriction. After motioning the Medical Board for termination of the Order, including filing appropriate documents with the Board, working with the appropriate Physician’s Health Program and appearing before the Medical Board on his behalf, the Board terminated his Order. He now has a full and unrestricted medical license.
Nurse (RN) – Nurse fired from hospital and reported to the Board of Nursing due to allegation of falsifying CPR card. Nurse retained Elder & Good during onset of investigation. We requested and reviewed all investigative materials relating to the allegation and tendered a formal written response explaining the nurse’s position. The Nursing Board took no action against the nurse’s license.
Nurse – (RN) Nurse accused of failing to take resuscitative measures or call a code regarding a deceased patient determined to be a “Full Code” by the Office of Inspector General. Nurse retained Elder & Good during onset of investigation. We requested and reviewed all investigative materials relating to the allegation, including the official OIG report, witness statements and the nurse’s personnel file. We also tendered a formal written response explaining the nurse’s position. The Nursing Board took no action against the nurse’s license.
Nurse (RN) – Nurse tested positive for alcohol while her nursing license already was under a two year probationary period with the Board of Nursing for alcohol dependency. One of the conditions of the nurse’s probation was to completely abstain from alcohol. Nursing Board brought action against Nurse after her two year probationary period ended. Nurse retained Elder & Good. We requested and reviewed all investigative materials relating to the allegation and tendered a formal written response explaining the nurse’s position. Ultimately, the Nursing Board did not revoke, suspend or place the nurse’s license on probation again. Rather, the Nursing Board agreed to reprimand the nurse, impose a fine and require drug/alcohol testing for a period of one year to ensure continued abstinence from alcohol.
Physician (MD) – Physician placed under Agreed Order of Indefinite Restriction by Medical Board for writing prescriptions for controlled substances without possessing medical records setting forth the patients’ diagnoses, allergies, medications, history, physical findings, treatment plan or any form of monitoring for medication abuse (urine drug screens, pill counts or Kasper reviews). Physician later retained Elder & Good to terminate his Agreed Order of Indefinite Restriction. After motioning the Medical Board for termination of the Order, including filing appropriate documents with the Board, working with the appropriate Physician’s Health Program and appearing before the Medical Board on his behalf, the Board terminated his Order. The physician now has a full and unrestricted medical license.
Physician (M.D.) – Doctor presented with chemical dependency and allegation of inappropriate acquisition of controlled substances. Appropriate treatment referrals made. After submission of response and completion of Medical Board investigation, our attorneys negotiated a settlement allowing doctor’s continued practice with controlled substance log, abstinence from alcohol and non-prescribed drugs, and continued affiliation with Physicians Health Program.
Physician was notified of termination of provider status with Aetna Health insurance based upon Medical Board agreement and substance abuse history. Health Insurance company terminated Physician’s participation on the grounds that availble information “raised concern about possible future substandard professional performance, competence or conduct.” We appealed the decision of the Credentialing and Performance Committee. After submission of documentation supportive of the physician’s reinstatement, a hearing was conducted. Physician was questioned by our attorneys and the Appeal Committee. Elder & Good presented additional evidence and arguments on the Physician’s behalf. The Appeal Committee overturned the prior decision of the Credentialing and Performance Committee. Physician was fully credentialedfor continued participation with Aetna Health.
Nurse (RN) – Nurse alleged to have restrained patient who was physically/mentally helpless due to dementia and caused physical injury. Elder & Good retained to represent during Nursing Board investigation. Submitted response and supportive documentation to the Board. Case dismissed with no disciplinary action against nursing license.
Nurse (RN) – Nurse pleaded guilty to felony charge involving forged prescription prior to retaining Elder & Good. Subsequently, Elder & Good retained to handle resultant Nursing Board investigation. After providing response and supporting documentation of treatment, nurse entered into agreed order with Board allowing for proper monitoring. Importantly, nurse maintained ability to handle narcotics in the course of her employment.
Nurse (RN) – Nurse alleged to have struck and yelled at patient inappropriately. Elder & Good retained immediately upon Nurse being notified of grievance. After submission of response and supporting documentation, Nursing Board dismissed case without investigative meeting.
Nurse (LPN) – Nurse alleged to have acted outside the scope of duties of Licensed Practical Nurse and failed to report a misdemeanor conviction. Elder & Good retained to represent during Nursing Board investigation. Response submitted with mitigating and supportive documentation prior to investigative meeting. Following investigative meeting with Board attorney and investigators, case was dismissed with no disciplinary action.
Certified Nursing Assistant (CNA) – CNA came to Elder & Good to appeal a decision to place her name on the Nurse Abuse Registry for neglect and abuse of a patient. Elder & Good attorneys challenged the decision at an evidentiary proceeding before a hearing officer. Witnesses and documentary evidence were presented in support of our client’s position. Following the hearing, we filed additional written arguments to the Cabinet Secretary advocating for reversing the initial decision to place the nurse’s name on the Abuse Registry. The Cabinet issued a final order reversing their initial decision and the nurse was not placed on the Abuse Registry.
Nurse (RN) – Nurse charged with felony theft unrelated to nursing practice. The criminal allegation also resulted in a Nursing Board investigation. Nurse retained Elder & Good at onset of criminal case and Board investigation. Prosecutor amended the felony charge to a misdemeanor and agreed to permit nurse to participate in diversion program. Ultimately, the criminal case was dismissed and the Nursing Board investigation resulted in no disciplinary action against the nurse.
Dentist (DMD) – Dentist alleged to have prescribed a controlled substance other than in the professional practice of dentistry and delegated a procedure inappropriately. Elder & Good was retained during the investigation. Case was settled with a reprimand and costs.
Pharmacist (R.Ph.) – Pharmacist charged with felony count relating to altering a prescription for personal use. Pharmacist retained Elder & Good to handle the criminal and Board of Pharmacy case. We negotiated felony diviersion for our client, which means the criminal charge will be dismissed after successful completion of diversion period with no felony record for the client. We resolved the Board case with an agreement to permit our client to continue to practice with appropriate monitoring by the Board of Pharmacy. The pharmacists license, while monitored, has never been restricted or suspended.
Counselor (CADC) – Counselor alleged to have engaged in inappropriate relationships with multiple clients. Elder & Good retained during the course of the investigation. Detailed response and supporting documentation provided to Board and attorney for the Board. The Board’s initial offer of settlement was rejected due to lack of evidence to support the alleged violations. After communicating reasons for rejection of settlement, the Board reconsidered and eventually dismissed the action without disciplinary action.
Psychologist — Psychologist charged by Board of Examiners of Psychology with a nine count disciplinary complaint. The Board made serious and potentially career ending allegations against the psychologist. The Board accused her of incompetence, negligence, practicing beyond the scope of her skill, experience, training and education, improperly divulging confidential information, committing several unfair, false, misleading or deceptive acts or practices and documentation deficiencies. After the Board issued the complaint, she retained Elder & Good to defend her psychologist license. We filed a formal response to the complaint in which we denied the allegations and initiated our own investigation. We conducted witness interviews and obtained important records that revealed the Board’s case to be flawed. Based on this favorable information, we filed submissions with the Board that caused it to reconsider its position. After a period of negotiation, the Board ultimately dismissed all charges except for one count alleging a documentation deficiency. The psychologist agreed to a reprimand, six months probation with no practice limitations or restrictions and a $1,000.00 fine.
Psychologist — Psychologist charged by Board of Examiners of Psychology to have rendered a formal, professional opinion in a report, letter, or testimony about a person without direct and substantial contact with, or a formal assessment of, that person (2 counts). Psychologist retained Elder & Good to engage in the litigation process, including: filing formal responses on behalf of the psychologist, engaging in discovery, utilizing crucial additional documentation and records not in the possession of the Board and engaging in a formal mediation conducted by a hearing officer employed by the Office of the Attorney General. Despite the Board’s initial position that a license suspension should be imposed, the Board ultimately agreed not to seek suspension. Rather, we resolved the grievances against the psychologist with no restrictions or limitations on his license. In return, the psychologist agreed to a reprimand and probation of his license.
Nurse (RN) – Nurse under criminal investigation by law enforcement for allegedly diverting controlled medications from her employer. Nurse retained Elder & Good to represent her during the criminal investigation and to assist with inquiries from the Kentucky Board of Nursing. We advised the nurse on a course of action and worked with law enforcement and Nursing Board representatives to minimize legal action against her. Despite evidence of drug diversion, no criminal charges were filed and the Nursing Board did not institute formal disciplinary action.
Nurse (RN) – Male inmate alleged sexual relationship with a nurse employed in a prison setting. Inmate provided letters exchanged between them to the Board of Nursing reflecting a personal relationship. Nurse retained Elder & Good at onset of the investigation. We obtained and reviewed all the evidence against the nurse, prepared detailed submissions to the Board challenging many of the inmate’s allegations, negotiated and met with Board investigators and the Board attorney, and advised the nurse on proactive steps to assist with her case. After we highlighted many inaccuracies by the inmate, set forth several mitigating factors and tendered proof that the nurse engaged in certain proactive steps, the Nursing Board did not revoke, suspend or even probate her license. Ultimately, the nurse agreed to a reprimand, $500.00 fine and educational classes to fully resolve the matter.
Nurse (RN) – Nurse failed to report two misdemeanor criminal convictions to the Kentucky Board of Nursing as required by law. The nurse retained Elder & Good after being placed under investigation by the Nursing Board. We prepared submissions on behalf of the nurse, including a letter of explanation relating to the failure to report the convictions and mitigating facts relating to the crimes. We also advised the nurse on proactive steps that would assist her case and worked with the Board investigator to minimize the impact on her nursing license. Ultimately, the Board resolved the matter by issuing a letter of concern. A letter of concern is not considered discipline or board action, is not reported to the National Practitioner Databank and is not published in the KBN Connection.
Nurse (RN) – Nurse indicted on ninety (90) felony counts after admitting to diverting medications from the workplace. Elder & Good retained to handle the criminal case and to assist with inquiries from the Nursing Board. Our first priority was to request the judge to reduce the high bond set in the case, which the nurse could not afford to pay, and if not reduced would have resulted in her incarceration during the case. Fortunately, the judge and prosecutor agreed to reduce the bond, permitting the nurse to remain out of jail during the case and to follow our recommendations, including drug treatment and participation with the KARE program.
After substantial negotiations and submission of proof that the nurse followed our recommendations, the prosecutor initially offered a plea agreement that would have resulted in the nurse becoming a convicted felon for life, as well as a five year exclusion from participation in any federal health programs. This means that even if the nurse maintained her nursing license, she would be unable to work for any employer that accepted Medicaid, Medicare or any other federal reimbursement plan.
As a result, we continued to negotiate for a better resolution. Ultimately, the prosecutor agreed to dismiss eighty (80) felony counts and word the plea agreement so the nurse would not be excluded from Medicaid, Medicare and other federal health reimbursement plans. In addition, the prosecutor agreed to grant the nurse felony diversion, meaning that she is not a convicted felon, remains out of prison and that all criminal charges will be dismissed after a five year period of compliance. The Nursing Board did not institute formal disciplinary action.
Physician (M.D.) – Physician retained Elder & Good while under investigation by law enforcement and by the Medical Board for diversion of controlled medications. At the time the physician retained Elder & Good, law enforcement was considering indicting the physician on sixty (60) felony counts. After discussions, negotiations and submission of favorable information, the prosecutor ultimately agreed to a plea of guilty to five (5) misdemeanor charges with unsupervised probation for two years, so long as the physician remained compliant with the Kentucky Physician’s Health Foundation. We also worked with the Medical Board to minimize the impact on the physician’s medical license. While the Medical Board did engage in formal disciplinary action (monitoring) based on the convictions and underlying allegations, it did not restrict the physician’s ability to practice his medical specialty. By avoiding felony drug convictions, as well as a revocation or suspension of his medical license, the physician maintained his status as a provider under Medicaid, Medicare and other federal health reimbursement programs.
Physician (M.D.) – Physician represented by other counsel convicted of sexual misconduct relating to patient. Physician surrendered medical license due to the conviction, as well as other concerns relating to inappropriate prescribing. Two years later, Physician retained Elder & Good to seek reinstatement of his medical license. We provided detailed submissions to the Medical Board, advised the physician on a course of action to assist his request and appeared before the Medical Board when it considered his request. Because the physician followed our specific plan to convince the Board that he retained his clinical competency despite not practicing medicine for over two years, the Board voted to reinstate the physician’s license without requiring him to submit to formal and extended clinical competency assessments. However, the Board did subject his medical license to a restriction against treating female patients, monitoring and other conditions.
Later, the physician retained us to seek modification of his disciplinary order so he could treat female patients with a chaperone. Again, we prepared submissions in support of his request and addressed the Board on his behalf. The Medical Board removed the restriction, granted the request and the physician is gainfully employed within his medical specialty treating patients.
Physician (M.D.) – Physician under a disciplinary order, which included compliance with the Kentucky Physicians’ Health Foundation, considered non-compliant by the Medical Board. The physician retained Elder & Good to represent her after being advised by the Board that it was contemplating filing a complaint and emergency order of suspension to address the situation. After advising the physician on how to avoid new disciplinary action and appearing with her before the Board, the Board did not file a new complaint or an emergency order. The physician ultimately entered into a disciplinary agreement (monitoring) with the Board that did not restrict her medical license.
Dentist (DMD) – Kentucky Board of Dentistry alleged that dentist did not comply with Continuing Education requirement. The Dental Board mailed the dentist a Settlement Agreement requiring that he admit the violation, retake several courses and pay a $3,600.00 fine. He opted to reject the Settlement Agreement and retained Elder & Good to litigate the case. We responded to the Board’s formal complaint, citing facts, regulations and case law supporting our client’s position that he satisfied the CE requirement. We also engaged in the discovery process, pre-hearing conferences with the Dental Board Attorney and hearing officer and engaged in negotiations with the Dental Board Attorney. Ultimately, the Dental Board voted to dismiss the complaint against our client.
Nurse (RN) – Nurse accused of diverting controlled medications (over 500 pain pills) from the workplace. Based on the large number of controlled medications at issue and concerns that she diverted the medications for personal use or to provide to third parties, the Board of Nursing issued an Immediate Temporary Suspension (“ITS) of her nursing license. The nurse retained Elder & Good to handle the Board case. We met with Board investigators and legal counsel on our client’s behalf and submitted numerous documents and information to support her position that she did not engage in drug diversion. We also obtained the evidence against our client from the Board and scrutinized it for inaccurate information and information that supported our client’s defense.
After extensive discussions and negotiations, the Nursing Board found the missing medications to stem from documentation deficiencies, rather than drug diversion. Ultimately, the Board lifted the ITS and resolved the case by issuing a reprimand for documentation errors and imposing a $1000 fine, educational classes and urine drug screens for one year.
Psychologist – A psychologist retained Elder & Good to assist with an inquiry from the Kentucky Board of Examiners of Psychology regarding a potential ethical violation. Our client was appointed by the Court to assist with rendering a custody determination during a divorce proceeding. One of the parties disagreed with the psychologist’s findings and accused her of bias in favor of the prevailing party and collusion with another evaluator against him. After a thorough review of court records relating to the divorce case and the relevant ethical rules governing the profession, we submitted a detailed written response to the Board in defense of our client. The Board, after a review of our submission, exhibits and other favorable information, took no disciplinary action against the psychologist and closed its investigation.
Psychologist — Psychologist accused of HIPAA violations, documentation deficiencies and failure to release requested records to a former patient. The psychologist retained Elder & Good to handle the inquiry from the Board of Examiners of Psychology. After reviewing all records and relevant professional and ethical rules, we provided a detailed written response to the Board. The Board dismissed the complaint.
Nurse (RN) – Nurse accused by law enforcement of diverting twelve (12) controlled medications from the workplace. She admitted to the theft but claimed that the medication was intended for an extremely ill relative in need of the medication. After the theft the nurse did not provide the medications to her relative but instead wasted them. Based on the theft, law enforcement charged her with twelve (12) felony counts. Nurse retained Elder & Good to defend the criminal case and to defend her nursing license. After discussions and negotiations, the prosecutor dismissed all charges against our client, with the exception of one misdemeanor count and agreed to recommend a sentence of unsupervised probation and 100 hours of volunteer work. In light of the resolution of the criminal charges, and other mitigating factors and favorable information presented to the Nursing Board, it agreed not to revoke, suspend or probate her nursing license. Ultimately, the Board issued a reprimand and ordered a fine and educational classes.
Physical Therapist – The Kentucky Board of Physical Therapy launched an investigation against a physical therapist for Medicaid fraud. Specifically, the Board alleged that she billed Medicaid Part B for group therapy services performed by an unlicensed assistant. The physical therapist handled the investigation without retaining an attorney. At the conclusion of the investigation, the Board sent her a written disciplinary order that imposed sanctions and required her to admit Medicaid fraud. At this point, she retained Elder & Good to review the disciplinary order and advise on an appropriate course of action. We engaged in discussions with the Board attorney and filed written submissions on her behalf reflecting that she did not commit Medicaid fraud. After we met with the Board attorney and a Board member, the Board voted to reconsider its position and took no disciplinary action against the physical therapist.
Physical Therapist – The Kentucky Board of Physical Therapy issued an emergency order of suspension against a physical therapist alleging several violations of a prior disciplinary order. The prior disciplinary order required a two-year suspension or revocation of license for any violation. The physical therapist retained Elder & Good. We immediately scheduled an emergency hearing in order to reverse the emergency suspension. In the meantime, we scheduled a settlement conference with the Board attorney, the Executive Director of the Physical Therapy Board and the Director of the KYPRN Program. During the settlement conference, we reached an agreement that would reinstate our client’s physical therapy license without any new restrictions. On the day the emergency hearing was scheduled, the Board considered whether to approve the settlement agreement or whether to proceed with the hearing. After we addressed the Board, it voted to accept the agreement. The Board reinstated our client’s physical therapy license that day.
Physician (M.D.) – Physician retained Elder & Good while under investigation by the Medical Board. The Medical Board was investigating her for prescribing controlled medications to her boyfriend, ex-husband and daughter, ingesting controlled medications and street drugs, violating the laws pertaining to KASPER and failing to account for two shipments of controlled medications allegedly sent to her. We filed written submissions with the Board on behalf the physician, including denials of most of the allegations, supporting witness affidavits, patient charts, documents relating to the two shipments of controlled medications and other records. We also provided the physician with a proactive plan of action to allay Board concerns regarding alleged drug impairment and attended the Board meeting in which her case was considered. The Board voted not to impose any conditions or restrictions on her medical license or to impose any type of disciplinary order. Instead, the Board sent her a letter of admonishment. A letter of admonishment does not result in a report to the National Practitioner Databank or a write-up in the KBML Newsletter. She continues to practice with an unrestricted medical license.
Social Worker (LCSW) — Kentucky Social Worker received a proposed agreed order from the Kentucky Board of Social Work which would have suspended the social worker’s license for 5 years based upon an allegation of engaging in a romantic relationship with a client. Upon receiving the proposed suspension agreement, the Social Worker contacted Elder & Good for representation. After conducting research, reviewing prior Board actions and evaluating the facts, we responded to the Board with an assessment of our client’s case and how it differed from other cases the Board took action against when a romantic relationship occurred between a social worker and their client. Elder & Good persuaded the Board that a provider – client relationship did not exist in the present case and therefore action was not warranted. The Board subsequently dismissed the case.
Real Estate Agent — A broker filed a complaint with the Kentucky Real Estate Commission (“KREC”) alleging violations of 201 KAR 11:121 (4) and 201 KAR 11:145. In short, the broker accused the Agent of breaching his fiduciary duties to several clients and failing to provide listing information to the broker upon termination of employment. The agent retained Elder & Good to defend against the complaint. We provided a detailed written response to the complaint, including various exhibits that contradicted the broker’s position. The KREC dismissed the complaint against our client.
Nurse (RN) – Nurse reported to the Kentucky Board of Nursing for consuming alcohol prior to reporting work. When approached by employer Nurse acknowledged having alcohol with dinner. The nurse retained Elder & Good after being placed under investigation by the Nursing Board. We prepared submissions on behalf of the nurse, including a letter of explanation, including mitigating facts relating in the incident under review. We also advised the nurse on proactive steps that would assist her case and worked with the Board investigator to minimize the impact on her nursing license. Ultimately, the Board resolved the matter by issuing a letter of concern. A letter of concern is not considered discipline or board action, is not reported to the National Practitioner Databank and is not published in the KBN Connection.