Just like other medical professionals, to obtain your dental license in Illinois, there are specific education requirements, as well as testing requirements. There are also issues that can result in being denied that license or having it revoked. The following is a brief overview of the dental license process.

Dental Education Requirements

Becoming a dentist is considered one of the better professions in the United States. In fact, in an annual survey conducted by U.S. News & World Report rankings of the “100 Best Jobs,” being a dentist came in at number 10. In the medical profession, dentistry comes in as the fourth-best job. Overall, it comes in as the 11th best-paying job in the country.

In order to become a dentist, there are significant education requirements. The first step is obtaining your bachelor’s degree, majoring in chemistry, biology, physics, or other similar studies.

In January, the U.S. Attorney’s Office – Southern District of Florida announced its office had charged 25 people for their alleged participation in a wire fraud scheme that involved selling fake nursing school transcripts and diplomas from three Florida nursing schools to aspiring nurses who had not completed the required coursework needed to graduate or required testing. Defendants were arrested in Delaware, Florida, New Jersey, New York, and Texas.

The Alleged Scheme

According to the announcement from the U.S. Attorney’s Office, those involved allegedly sold more than 7,600 fraudulent diplomas and transcripts from the now-closed Florida nursing schools. Aspiring nurses allegedly pay $10,000 and up for fake diplomas and transcripts. These fake documents gave then allowed them to sign up for the National Council Licensure Examination (NCLEX). Those who passed the test were able to obtain their nursing license as RNs and LPN/VNs, and then used all of these documents to gain employment with unsuspecting healthcare providers throughout the country.

A Florida state audit found that the NCLEX passing rates from the three Florida nursing schools were low, raising red flags and trigging the federal investigation – dubbed Operation Nightingale.

One of the hardest professions in the medical field is nursing. Not only are you responsible for the care and safety of patients, but you are also required to take specific direction from physicians and the facility you work for. All of these responsibilities can cause a great amount of stress, but there are thousands of nurses in Illinois who are passionate and committed to the profession.

Unfortunately, there is also the threat of having the state take action against your nursing license due to false allegations or actual circumstances you may find yourself facing. The following are the most common reasons that a nurse’s license to practice can be revoked.

Neglecting a Patient

There are many facilities and situations that create situations where patients are neglected. In many cases, this neglect is unintentional, often due to short staffing, leading to nurses who are exhausted and forced to work long hours. An unintentional mistake on a nurse’s part can result in patient neglect accusations, putting his or her license in jeopardy.

One of the most stressful – and potentially devastating – thing that can happen to a medical provider is to be accused of Medicaid fraud. The consequences can result in actions taken against your medical license, being required to pay back the alleged fraudulent funds, and being barred from any future Medicaid billing. In some cases, it can even result in criminal charges. Even if you are not engaged in fraud, someone in your practice could be. It is important for every provider to know what the signs are that potential fraud could be taking place.

Billing “Errors”

Medicaid and insurance billing are complex, and errors can happen. But when someone is actively involved in Medicaid fraud, they often are billing for services that patients never received, or they could be submitting duplicate bills for a single treatment or service.

Unnecessary Treatments

If you suspect another provider in your practice is providing expensive, unnecessary treatments, Medicaid considers this overtreatment. The government also considers this a type of Medicaid fraud.

The United States has been battling an opioid epidemic for almost 25 years. Tragically, each year, instead of decreasing, the number of fatalities continues to increase – more than 15,000 people died in this country from prescription opioid overdoses in 2021. Part of the fight against this battle is targeting prescribers and other medical professionals who are involved in prescription fraud.

Prescription fraud may involve any illegitimate procurement of prescription medications. The penalties for anyone accused of prescription fraud may not only involve the loss of their professional license, but they could also face criminal charges.

Types of Prescription Fraud

There are two different types of prescription fraud that could result in a loss of a professional license and potential criminal charges. The first is when a medical professional, someone who works with a medical professional, or a patient obtains a medication using deceptive means. These individuals are often struggling with an addiction and are seeking out the medication for their own use.

It is no secret that the funeral industry – like so many industries in the United States – is facing a shortage of workers. The good news, however, is that those statistics show that colleges that specialize in funeral service education have shown a steady increase in their enrollment numbers. 

Enrollment Numbers

There are currently 58 accredited mortuary institutions and programs across the country. According to the American Board of Funeral Service Education, there was an almost 25 percent increase in enrollment in 2021 compared to 2020. The board anticipates that the numbers for 2022 will be even higher.

And this increase comes none too soon, as more than 60 percent of funeral directors have said they plan on retiring within the next five years. Additionally, in an industry that has traditionally been dominated by men, more women are graduating from funeral service education programs, making up more than 70 percent of recent graduate statistics.

There is no denying that there is a nursing shortage across the country. It is estimated that there is a need for approximately one million new nurses to enter the national workforce over the next couple of years in order to prevent an even more critical nursing shortage than already exists.

There are a number of reasons cited for this shortage, including the high number of nurses who have retired. Another issue is that many nursing schools are forced to turn away thousands of qualified applicants because they lack the space, resources, and faculty. The COVID-19 pandemic was also a major factor, resulting in burnout, high turnovers, and unfilled positions.

These staffing shortages have resulted in nurses being forced to work long shifts without adequate time off in high-pressure, intense environments. It is understandable that mistakes can happen in these situations and when they do, a nurse can face disciplinary action by the Board of Nursing.

Whether you are a doctor, nurse, pharmacist, or other professional, your journey of education and training, obtaining your degree, to finally obtaining that professional license that will enable you to work in your chosen profession is a long and hard one. Unfortunately, that application process can put an unexpected roadblock in your journey if the board that issues your license rejects your application. There are a number of issues that can result in a license application denial. Knowing what those issues are prior to applying for your professional license may enable you to be proactive and contact a professional license defense attorney.

Application Errors

The Illinois Department of Financial and Professional Regulation (IDFPR) has stringent rules and regulations in all aspects of professional licenses, including the application process. The majority of applications include a statement made under the penalties of perjury that all of the information contained in the application is correct. Thus, if an applicant makes an unintentional error in their application, that sworn statement tells the board the error was not a mistake. Having a professional license defense attorney assist you with the application will ensure that all of the “t’s” are crossed and all of the “i’s” are dotted.

Failure to Disclose

A common issue in professional license application denials is that the applicant fails to disclose information. Although this can be an unintentional failure to disclose, the board could think that it was intentional on the applicant’s part in order to hide derogatory information. The truth is that failing to disclose the information can often be more of a problem than the issue itself. A professional license defense attorney can help you determine what information you are required to disclose.

 There is always a risk for a professional license holder that someone will make an allegation that could trigger an investigation by the licensing board that issued the license. The investigation results and the decision of the board could mean that the individual will be unable to work at their profession. The steps you take from the moment you are aware of the complaint can determine the eventual outcome. The following are things you should avoid doing. A Chicago professional license defense attorney can provide more details about your particular situation.

Failing to Disclose Potential Issues

If you are applying for a new Illinois professional license or renewing your current one, the law requires full disclosure on the following issues:

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There are a number of professional and legal issues that can have an impact on an Illinois professional license. Whether you are a medical professional, business professional, real estate professional, or any other professional license holder, any allegations of improprieties, negligence, or criminal behavior will result in a notification from the Illinois Department of Financial and Professional Regulation (IDFPR) that your license is at stake.

A notification from the board that issues your license may lead you to ask if you need an attorney to represent you. The following is a brief overview of why you should strongly consider retaining the services of a professional license defense attorney, like those at Williams & Nickl, LLC, to defend your license.

Skilled and Experienced in Developing a Defense Strategy

One of the biggest mistakes that a subject of a licensing board investigation can make is to speak with the investigator overseeing their case. This is the equivalent of a person who is under criminal investigation speaking to a police officer without their attorney present. Despite the approach the investigator may take with you, they are not your ally, and they are not interested in hearing your version of events.

The New Year not only brings resolutions for many people, it also brings new laws. One of those new laws in Illinois will affect every licensed healthcare professional in the state. As of January 1, every licensee will be required to complete a one-hour course in implicit bias awareness. This course will be part of the required medical education the state requires.

What Is Implicit Bias?

Racial disparities are present in employment, education, housing, and multiple other areas in this country. Many people may not even be aware of their part in it. This is referred to as implicit bias. Implicit bias is a term used to describe the unconscious prejudice a person may feel about a person, group, or thing. The biases can be either favorable or unfavorable. The feelings are triggered without the person’s awareness, completely involuntarily. According to professionals who have studied the issue, implicit biases cannot be addressed through introspection since they are unknown to the individual.

Implicit biases can occur when the individual meets new people, interacts with other employees, or even in their interactions with other parents at their children’s baseball games.

The Second Amendment of the United States Constitution gives people the right to bear arms, however, there are federal and state laws that place specific limits on who actually qualifies to own firearms.

Under federal law, the general rule is that a person who has been convicted of a felony cannot own a firearm. This also applies to crimes involving domestic violence or having a serious mental condition. Illinois law goes even further. The following is a brief overview of Illinois gun permit laws. If you have been denied ownership, an Illinois FOID card attorney may be able to help.

Criteria on Gun Ownership in Illinois

Under Illinois law, in order to be eligible to purchase a gun, you must obtain a Firearm Owners Identification (FOID) card. This card is issued by the Illinois State Police. In order to be eligible for a FOID card, you must be a legal resident of the state. You must also be 21 years of age or older. If younger, then a parent or guardian must consent.

It is estimated that one in three physicians will have at least one medical malpractice lawsuit filed against them during their medical career. In the majority of claims, the patient does not prevail in their lawsuit. Approximately 70 percent of claims are dismissed, dropped, or withdrawn.

Even when a medical malpractice case does not result in action against the doctor, it can still have a significant impact on his or her professional career, including investigations by the Illinois Medical Board. This is why it is critical to take any legal action against you seriously and move quickly in seeking legal assistance.

What to Do if You Are Notified You Are Being Sued

If a patient files a medical malpractice lawsuit against you, the first thing you need to do is refer that patient to another professional if asked. It is estimated that almost 10 percent of physicians being sued by a patient for malpractice continue to treat that patient for other issues.

The month of December is one of the busiest for many people. The holiday season usually means get-togethers and parties with family and friends. If you are a professional, there are often many festive business gatherings scheduled during this time that not only gives you the chance to socialize with business colleagues but can also be significant networking opportunities.  

Many of these social events, whether personal or professional, involve the serving of alcohol. Having a couple of drinks at a holiday party may seem innocuous enough – until you are driving home and suddenly see the blue lights flashing behind your vehicle, signaling you to pull over. Not only can a drunk driving conviction affect your right to drive, but it can also affect your ability to practice your profession. Drunk driving is considered a crime of moral turpitude and under Illinois law, professional license holders face professional license suspension if convicted of one of these crimes.

What Are Crimes of Moral Turpitude?

While the law is very specific on the penalties of what will happen to an individual if they are arrested or convicted of a crime of moral turpitude, it is not specific on what exactly the definition of one is. Generally, the courts have held that a crime of moral turpitude is one that is contrary to the morality and norms of society, that goes against the duty that is owed to others, that is vile and offensive, and that shock a reasonable person. A crime of moral turpitude is one that puts an individual’s judgment, morals, character, and ethics in question.

The arrival of Thanksgiving is typically the kickoff to the holiday season. This often means family gatherings, get-togethers with friends, and holiday parties. These events are also a popular time to drink. The number of drunk driving arrests and accidents spike this time of the year. Any driver who has been arrested for drunk driving faces harsh consequences if convicted, but those consequences are even more significant for a professional license holder.

DUI Penalties

In Illinois, any driver operating a vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher is legally considered driving under the influence. A first DUI offense is charged as a Class A misdemeanor. If convicted, the driver will lose their driving privileges for one year. They also face fines, court fees, and other expenses.

There are certain circumstances where a first-offense DUI can result in an aggravated DUI charge, including causing a crash that results in great bodily injury to others. An aggravated DUI is charged as a Class 2 felony. Not only will a conviction result in an extended driver’s license suspension, but there is also the possibility of a three- to seven-year prison sentence.

Most physicians are aware of issues that can result in serious legal trouble, including actions taken against their medical license. Some of the more common issues include patient negligence, insurance fraud, and substance abuse. One surprising issue that can end up causing significant ramifications is advertising. Just like other businesses, many doctors find it beneficial to engage in different types of advertising in order to grow their practice, however, there are crucial factors that physicians should follow in order to avoid legal issues.

Truth in Advertising

Up until 1977, physicians were not even allowed to advertise. Ironically, it was a U.S. Supreme Court decision (Bates v. State Bar of Arizona) that finally allowed attorneys to advertise that opened these doors for doctors. Although not many doctors initially took advantage of this new avenue to attract patients, over the past four decades, physician advertising has become more commonplace.

One of the most critical factors a doctor needs to adhere to when advertising is to be truthful. Be truthful about what your level of medical expertise is and do not try to appear to specialize in an area you do not have education, training, or experience. If you are advertising a specific treatment or procedure you offer, do not guarantee results unless your practice has had a 100 percent success rate.

There are many words in the English language that sound similar but have different meanings. In most cases, the confusion may only to the necessity of clarification. However, in some situations, there could be legal implications if the definition of each word is not understood. For example, in medical malpractice, a doctor can be accused of a missed diagnosis or a misdiagnosis. While those two words sound very similar, there is a definite difference in how a doctor would defend their Illinois medical license if they were accused of either one.

How Are Patients Diagnosed?

When a patient goes to a doctor with a health issue, the doctor takes the necessary steps to determine what medical condition or illness the patient has. This is usually done by examining the patient, running any necessary tests, analyzing the results of these tests, and comparing these results to what the doctor knows. Ideally, the doctor comes up with a diagnosis. If it turns out the diagnosis is wrong and the patient undergoes unnecessary medical treatment and/or becomes sicker, the doctor could be accused of misdiagnosis.  

In situations where the patient goes to the doctor, complaining of symptoms, but the doctor fails to diagnose what is wrong with the patient, that is referred to as a missed diagnosis. This can lead to the illness becoming worse because of the delay in treatment.

Illinois law requires all real estate brokers who are doing business in the state to hold a valid Illinois real estate license. All professional licensing is overseen by the Illinois Department of Financial and Professional Regulation (IDFPR). If a real estate broker is accused of violating any regulations or laws, they could face serious consequences, including suspension of their professional license. These allegations can involve how a broker is running their business, as well as allegations and/or complaints from clients.

The following are some of the more common reasons why the IDFPR will take action. If you are a broker who is notified that you are being investigated, it is important to contact an experienced professional license defense attorney right away.

Client Complaints

While the majority of buyers and sellers are happy with the real estate brokers they work with, there will always be some clients who find a reason to be unhappy with the way their transaction went and that dissatisfaction can even lead to filing complaints and taking legal action. Complaints that can lead to an IDFPR investigation include:

There are many issues that physicians face today that can result in some form of punitive action taken against their medical license. In some cases, it can even result in the loss of that license. One issue that has become particularly prevalent is allegations of overprescribing medications, especially for older patients.

Overprescribing Can Be a Real Problem

There is no denying that prescription drugs have become a problem for many people in the United States who struggle with drug addiction or other drug-related issues. According to national data, the number of Americans who are taking five or more medications has doubled over a 10-year period to approximately 15 percent. Prescription drugs can present a problem to seniors especially. Almost 45 percent of adults 65 years or older are taking five or more medications. This spike has led to a significant rise in the number of adverse drug events that happen each year, leading to increased scrutiny of the prescribing doctors. 

Why Are Doctors Accused of Overprescribing?

The vast majority of doctors work hard to take good care of their patients. Sometimes, confounding factors can cause a doctor to accidentally or inadvertently overprescribe drugs, or to prescribe drugs that cause patients an adverse reaction without realizing the danger. Doctors may be accused of overprescribing medications to seniors for many reasons, including:

 Both the federal government and the state of Illinois have numerous laws in place to prevent employers from taking advantage of employees. These laws cover minimum wage, overtime pay, child labor laws, definitions of exempt and non-exempt employees, and more. When someone makes allegations of wage wrongdoing against the employer, the Illinois Department of Labor (IDOL) will investigate. If the department finds the allegations are true, the employer can face harsh financial penalties.

Overtime Pay Requirements

Bothe the Fair Labor Standards Act (FLSA) and Illinois Minimum Wage Law (IMWL) address wage issues for employees. While the FLSA has set the minimum wage at $7.25 per hour, the state’s minimum wage is currently at $12.00 per hour for workers 18 years of age or older. Under the FLSA, the Illinois rate is the prevailing rate for Illinois workers.

This wage is for those employees who work 40 hours or less in a single workweek. This workweek is set by the employer, must be seven consecutive 24-hour periods, and is fixed to be the same every week, although it is not required to coincide with the calendar week. For example, some employers will follow a Sunday through Saturday workweek, while others may follow a Monday through Sunday workweek.