The Federal Government eliminated the “DATA-Waiver Program†as part of the Consolidated Appropriations Act of 2023, effective December 29, 2022. The relaxation of regulatory control signaled another step in the DEA’s stated goal of wanting: “medication for opioid use disorder to be readily and safely…
In January 2023, Ohio implemented the Nurse Licensure Compact. Now, registered nurses, licensed practical nurses, and nursing students who are residents of Ohio[1] may apply for a multistate license (MSL). A nurse holding a MSL may practice in their state of primary residence, as well…
Late last year, the Tenth District Court of Appeals narrowed the application of the “comfort care” statute. Following this ruling, it remains imperative that healthcare professionals exercise independent medical judgment in end-of-life scenarios. Following a physician order is insufficient to grant a nurse or other…
The Ohio Occupational Therapy, Physical Therapy, and Athletic Trainers Board is in the early stages of establishing a “safe haven” program for licensees and applicants and recently sent out a request for comment on draft administrative Rules. The proposed “safe haven” program would allow certain…
On June 27, 2022, the United States Supreme Court sided with prescribers in holding the Government to a higher burden of proof regarding the subjective intent of medical practitioners. The case of Ruan v. United States interpreted the Controlled Substances Act, (21 U.S.C. §841), to…
In October 2021, the State Medical Board of Ohio permanently revoked a physician’s license to practice medicine in this state and imposed a $6,000 fine. They did so even though his license was last active on December 31, 1990. The facts of this case may…
Licensed Practical Nurses (LPNs) will need to renew their Ohio license between July 1 and October 31, 2022. Ohio nurses are required to renew their licenses biennially. For LPNs, the biennial renewal period is open during even-numbered years (2020, 2022, etc.). The LPN Renewal Application…
As a follow up to a prior article, in the wake of the COVID-19 pandemic, the Ohio State Legislature passed a law allowing the delivery of healthcare services information and communication technology, commonly referred to as “Telemedicine.†While Ohio did have some rules permitting a…
As part of its administrative agency defense practice, attorneys at Graff & McGovern, LPA, regularly appear before the Ohio Department of Insurance. While no two cases are identical, common themes emerge in many cases. Often, one of the Department’s formal allegations against the agent is…
Last year, the Ohio State Racing Commission suspended our client’s license for 180 days and imposed a $500.00 fine. We appealed. Upon appeal, Ohio law requires the agency, in this case the Racing Commission, to certify a complete record of its proceedings for the court…
