Category Archives: Professional Licensing Cases

What To Do If You Get A Call or Letter From The Government?

Posted on by

If you receive a telephone call or a letter from the Government, it is extremely important that you obtain experienced legal counsel at once. It may be possible to “nip it in the bud” during the pre-file and/or investigative stage. This is why it’s so important to seek legal advice in the early stages of a case. Do not be naïve to think you can handle it yourself and/or any lawyer can do so on your behalf.

Some lawyers handle a huge caseload, have their junior associates and paralegals perform the work, and may be best described as an assembly line or cookie cutter law firm. You deserve an attorney who will prepare a proper strategy that is accompanied by comprehensive written legal and factual arguments that address the issues.

It is noteworthy that there are several possible outcomes of an investigation, including the following:

1. Closed, the complaint is found to be “unsubstantiated;”
2. Closed, the complaint is found to be “inconclusive;”
3. Closed, the complaint is found to have merit but insufficient evidence to prosecute given the burden of proof and likelihood of prevailing;
4. Closed, an investigative fine is imposed;
5. Referred to the local District Attorney, referred to the State of California Attorney General for the filing of an Accusation, civil complaint and/or an Interim Suspension Order, referred to the U.S. Attorney, local City Attorney, or other Legal Division for prosecution;
6. Referred for issuance of a citation; and/or
7. Referred to another law enforcement agency for prosecution.

How important are the following? Your career! Your personal and professional image and reputation! Your credibility! Your ability to maintain your current and/or have the opportunity to obtain future employment!

If an investigation is opened against you, is the number one priority the cost of your defense? However, does it make sense that the reason a lawyer may charge less is to do less? Is it likely a cut-rate attorney charges a lesser amount because (s)he handles a large volume of cases and, therefore, your expectation of personal service and winning results may be unfulfilled? Is it sufficient for you if the attorney does the obvious and no better than an “ok” job? Do you prefer quality, passion and a dedicated lawyer who is extremely motivated to win, works harder and seeks to go beyond the minimum, with a strategy for a compelling defense and offense? Do you want a lawyer with consistent winning results or are you willing to gamble on the outcome?

When you receive a call, visit or letter from an investigator, consider each of these factors when selecting a lawyer with a proven record and one who will truly fight for you. Remember, the investigator has the government on his/her side with superb lawyers to prosecute their cases and you deserve to have a formidable and premier attorney on your side, and to level the playing field.

State Board License Diversion Program

Posted on by

A Diversion Program is intended to provide an alternative for a professional who is licensed in the State of California when there is evidence of a substance abuse and/or impairment due to a mental illness who would otherwise be charged with wrongdoing . One should not be embarrassed by what may appear to be a shortcoming as there are over forty (40) different  life stressors, multiple daily work pressures, and everyone should understand some challenges are simply genetic.

Obtaining a painstaking medical history and physical examination can afford the best way to evaluate your situation. Since this may also involve critical legal issues, however, seeking the advice of experienced legal counsel should be a paramount consideration as well.   A truly understanding and compassionate lawyer can discuss your eligibility, the  legal alternatives, as well as  the advantages and disadvantages of the course of action you may consider.

At the law firm of SPITAL & ASSOCIATES, you can obtain a confidential attorney consultation  at no charge, and we can help you identify the symptoms that may exist, if any,  and to assist you in changing the outcome.   There can be unintended consequences you need to fully understand when you have a professional or occupational license and, therefore, this may be a defining moment in your career. As our public service, we are here to help you so that you do not gamble on your career

Choosing the best course of action can make a huge difference now and in the future.

 

 

If You Have a Professional License, When Should You Obtain Legal Advice?

Posted on by

If you  receive a Citation or Notice of Violation for a crime and/or are arrested, you need to obtain legal advice immediately. Moreover, your concerns are far greater than your driver’s license. When you have a professional or occupational license, your career is at stake. Not only would it be reasonable to worry about losing your driving privilege, whether a few months or a year, you should not gamble on the outcome when your entire career is at stake. For those who do not have a professional or occupational license, it is wise to think ahead inasmuch as sometime in the future one may desire such a vocation or occupation. There are about 45 or more state licenses, and for the most part there are no statutes of limitations to prevent the government from using an arrest and/or a conviction to deny such a license. Think beyond today and as far as 5, 10 or even 15-20 years from now when you may have different aspirations  or even a second career.

It is easy to find an attorney who handles a variety of legal matters, and there are many who boast they know licensing law. Preferably, one should pay more attention to the lawyer’s credentials than where he may be located in the State of California and/or whether you can obtain legal advice or representation for a smaller sum of money. It is irrefutable that an attorney who argues the obvious and charges less money is going to do less work.  This is vastly different than a lawyer who places more importance on leveling the playing field; is passionate about obtaining a winning result; is a leader in the profession; has a consistent and proven record;  goes to painstaking lengths and is meticulous about establishing an effective defense and offense;  and is one to whom other lawyers seek advice and endorse as a distinguished attorney handling administrative law cases. Also, read the client reviews and compare the nature and  number  as this too may help in deciding how to proceed.

In the case of some matters, the state licensing Board or Agency may investigate a case before an arrest, such as when one is terminated or resigns from their employment and/or there is a complaint about one’s fitness to practice their chosen profession. In other cases, one may be prescribed certain drugs and narcotics that causes him/her to be suspected of having a physical or mental illness. This can even result in a forced physical or mental examination, as well as an Interim Suspension Order preventing one from working. There are countless types of cases that are investigated by the State Boards, Departments and Bureaus.

Lastly, if one is arrested for a certain type of offense, the Board may offer a Diversion Program and/or simply seek to have a meeting or interview you. Regardless how innocent you may feel or  meritorious the claim might be, contact an attorney who focuses his practice on the area involved or subject matter;  do so without delay or you risk a public Accusation filed against your license, and potentially the exposure of a criminal or civil case filed against you.

 

How to Handle Contacts and Interviews From Government and Others?

Posted on by

As a mater of great concern is what to do when confronted with a telephone call from law enforcement,  a licensing Board, Bureau or Agency,  and/or an  investigator who is seeking to obtain the underlying facts,  information, details &/or answers to questions. Even more challenging is when such an individual makes an in-person contact with you. It is the considered opinion of this writer that any of these inquiries may have or produce both intended and unintended consequences.

Accordingly, there are multiple reasons we do not recommend our clients participate in any dialogue and/or series of questions and answers, without the advice of experienced legal counsel.   What may at first glance appear to be friendly and seem to not involve legal issues, may indeed produce legal exposure and liability. Seemingly innocent queries are frequently  investigations, which then turn out to be interrogations rather than interviews by others, whether by the government or an other individual.

What are some of the issues:

1) these encounters and confrontations are frequently conducted under the guise of an interview when there appears to be reasonable cause that a violation of law has taken place that puts you at risk for criminal, administrative &/or civil liability.
2) when law enforcement personnel and/or an agent thereof has not admonished you regarding your “Miranda” rights to remain silent, that what you  say may incriminate you, etc.  Then and as a result, you may not really know and understand the underlying allegations, summary of issues and, in particular not know and fully understand your rights, and innocently make a statement that is incriminating.
3) far too often, the dialogue you believed was of little or no consequence  is tape recorded.
4) the answerer is at a major disadvantage in trying to recall facts and respond when (s)he has not had a thorough opportunity to review the question(s) and all of the facts in a non-threatening environment, and hopefully with their personal attorney.
5) there is a built-in bias on the part of investigators or persons using a different title or description but conducting a search for information, facts and evidence,  that the answerer is not likely to be fully honest and  truthful because they believe the answerer has something to hide &/or they believe (s)he is equally informed of the facts of the case, and directly or indirectly is trying to be deceptive when nothing could be farther from the truth.

In summary, we recommend you confer with an experienced attorney before you engage in and or respond to any verbal or written communications from anyone (except your lawyer), whether from an investigator, enforcement personnel, analyst, government employee or staff  and/or any other law enforcement officer or agent,  as well as a former or current employer &/or their employees relating to what may be the basis of and/or lead to a violation of law, a legal problem, dispute or issue, disciplinary action,  etc.

Pharmacist Consultations Are Very Important

Posted on by

The California Board of Pharmacy mandates that Pharmacists provide personal consultations to individuals who are dispensed medications via a prescription when requested by the patient and in all cases if they did not previously receive the prescription and/or it was in a different dosage, form or strength.

 

In December, 2013, CVS Pharmacies entered into a settlement with the State as a result of enforcement actions by the Board of Pharmacy, and a couple of weeks ago Rite Aid paid nearly $500,000 as a monetary settlement shortly after a lawsuit was filed by the San Diego District Attorney and other Southern California and Northern California county District Attorneys.  Rite Aid did not admit liability, but in addition to the amount they paid to settle their case, they agreed to institute an internal audit and compliance program, and obey the patient consultation requirements in California.

 

The public needs to be protected and sufficiently informed when drugs are dispensed by pharmacies. Because a physician may not fully elaborate on the use of an individual medication, possible complications and adverse drug interactions, it is the pharmacist who can provide the protection the public needs so their health is safeguarded.

 

For a review of the 2014 Changes in Pharmacy Laws, click the following link: https://www.pharmacy.ca.gov/publications/14_spring_script.pdf

Health Care – Should Your Doctor Decide?

Posted on by

In years past, a doctor had the authority and power to decide what treatment and/or modality was appropriate. Each health care provider chose the remedy, relief &/or intervention based upon the following: (1) a specific diagnosis; (2) a tentative diagnosis [provisional]; &/or (3) a differential diagnosis [generally, that which relates to multiple conditions or causes that are based upon probabilities].

As medical insurance, Medicare, Medicaid and now Obamacare (officially entitled the Affordable Care Act) have intervened, their coverage for treatment rendered by a physician has been strictly refined and restricted, as well as subject to interpretation more often than not by lay individuals. These current business and regulatory systems in place seek to justify their role by pointing to, among other things, the nature and amount of waste, and their goal to make our health care better. In doing so, they often perceive medical treatments as increasingly suspect. As such, the scope of coverage of the third party payer system has continued to place limits on physicians, hospitals and other health care providers, along with using monetary incentives to achieve their political and business goals.

 Clearly, there are many who support the current scheme and, therefore, contend it is designed to produce an effective health care system, albeit conceding it is far from an ideal one. The opponents assert this system will inevitably lead to the rationing of medical care with a much smaller group of health care providers who choose such a career and, therefore, less available to serve the public, fewer innovations, and eventually far less medical research. In addition, they cite other countries that have socialized medicine and the inherent problems therein, including but not limited to the increasing waiting time before one can obtain an examination or evaluation; the length of time until one can obtain certain procedures and treatment; the inability of the physician to choose the nature and extent of care deemed appropriate; and, the growing trend to depersonalize the health care system as a whole. The debate continues while the ability to produce a better result is limited as each side remains polarized, and at times vilifying the other.

New Legislation Would Expand Practice Powers for Pharmacists

Posted on by

 

The proposed legislation is intended to fill the gap in the number of physicians who are available to care for and treat the burgeoning amount patients in California. Whether as a result of Obama care &/or the growing population of older citizens, there is pressure on the government to broaden the scope of practice of licensees who historically were able to only perform a very specific set of actions, procedures and protocols consistent with their knowledge, skills and experience.

In California, there is a growing trend in passing  legislation that will expand the scope of practice of, including but not limited to, nurses, pharmacists, and optometrists in which physicians were the only practitioners permitted to do so.

 

New legislation would help fight prescription drug abuse

Posted on by

The abuse of prescription drugs is a growing problem.

Three bills, which still need to be signed by Governor Jerry Brown, will help to prosecute doctors who prescribe pills recklessly. One bill, for example, will require coroners to report death by overdoses on prescription drugs to the medical board, who then can connect those to doctors.

It is disturbing that medications that are supposed to help people are actually causing harm and leading to abuse and death. Doctors should not carelessly write prescriptions, and dangerous drugs should be monitored. Often, a physician seeks to help a patient, but may be seduced into believing the medication is warranted. One approach is to be certain to perform a painstaking history and physical, write smaller quantity prescriptions, and require frequent return visits to the office in order to follow up and be satisfied the medication is truly sound and indicated. Unfortunately, some patients go doctor shopping and get the same prescription from more than one physician. In California, the California Prescription Drug Monitoring Program is designed to reduce diversion of drugs without sacrificing appropriate patient care and legitimate medical practice. The CURES program or Controlled Substance Utilization Review and Evaluation System is a record keeping system that provides a patient’s controlled substance history information to pharmacists, law enforcement and State licensing Boards to help prevent prescription abuse. https://oag.ca.gov/cures-pdmp

 

Elder abuse is rarely investigated

Posted on by

Elder abuse and sexual assault are rarely investigated at assisted living homes in California.

There are about 12,000 complaints each year, but members of law enforcement have referred only 82 to state prosecutors as cases since 2002.

This raises serious issues concerning the integrity of the Department of Social Services and their regulatory system. At the same time, there have been examples of administrators that operate and staff that work at these senior care facilities who have not served the public well. These may be isolated cases, but it strains credulity there are not sufficient safeguards employed to prevent the number and frequency of injuries and tragedies.

 

Day care closed after 2-year-old sickened by marijuana

Posted on by

Roubena Hartounian was arrested on suspicion of child endangerment and neglect at her day-care center, Bina’s Family Child Care, after a 2-year-old under her care was hospitalized for being under the influence of marijuana.

City officials discovered that the residential day-care had no power, and there were rat droppings scattered inside. The police turned away eight people who arrived and tried to drop off their children.

It is unfortunate that an adult would put many children in a dangerous situation.

 

Ratings and Reviews

BBB 10.0Samuel Eugene Spital
Samuel E. SpitalClients’ ChoiceAward 2021 Samuel Eugene SpitalClients’ ChoiceAward 2020
avvo rated 10/10 in Criminal Defense avvo rated 10/10 in Juvenile Law avvo rated 10/10 in Licensing
avvo rated 10/10 in Personal Injury Top ContributorAward 2012Samuel Eugene Spital Samuel Eugene SpitalReviewsout of 207 reviews