What Is the Good Samaritan Act?

A Good Samaritan is someone who stops to help a stranger in crisis simply because that person is in need.

In the past, when a healthcare professionals attempted to provide medical assistance to someone in a crisis, they put themselves at risk of litigation. Should the person they assisted decide that they don’t like the outcome of that help or they didn’t want it, they had the option to sue for damages.

With the passing of the Good Samaritan Act, medical professionals are now protected from litigious strangers and can feel free to assist when needed.

What Is the Good Samaritan Act?

The Good Samaritan Act is a piece of Florida legislation that protects medical providers from the consequences of their assistance should they stop to provide a stranger with medical care outside of a medical setting and without access to medical equipment.

For example, this means that if a medical provider is at a restaurant and someone has a medical emergency, they can step in and respond with medical care to the best of their ability until an ambulance arrives.

If the worst occurs and the patient does not have a positive outcome, the off-duty medical provider who assisted is not liable.

Are There Any Exceptions to the Good Samaritan Act?

Yes, there are a few, but not all are clearly defined. The first is that if a patient refuses medical care or help, the medical provider cannot continue. This is true in the medical setting as well, but it is only applicable when the patient is conscious.

Within the Good Samaritan Act, it also states that a medical professional who is off duty cannot be held liable for acting or not acting in response to a crisis as long as their choices would have been made by any “ordinary, reasonably prudent person.”

This is where the lines get hazy. One person’s definition of a reasonably prudent response may not be in agreement with someone else’s response. This means that it is possible for a medical provider to face charges if it is deemed that their attempt to help was not something that a reasonably prudent person might do to assist.

What if I Am Being Sued?

If you are a medical practitioner and facing a lawsuit based on your attempted treatment and care of a stranger outside of the medical setting, you have the option to respond. If you feel that the lawsuit is malicious or unfounded, contact Florida Healthcare Law Firm today to discuss how to respond, when to respond, and how to protect your career and your reputation in the process. We’re here to help make sure that you get the justice and support you deserve.

What Are the Marijuana Laws in Florida?

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Though many states across the country have chosen to decriminalize marijuana or make it legal for recreational use, the federal government still classifies it as a Schedule I substance with a high potential for abuse and without any accepted medical use.

Florida has chosen to step outside of the federal mandate by allowing for medical marijuana use across the state, but it has made no legal changes to decriminalize the drug in any way.

This means that healthcare professionals across the state need to be careful about the current rules and regulations around obtaining a medical marijuana card as well as what the penalties are for possessing more than is legally allowed.

What Are the Medical Marijuana Card Laws in Florida?

When it comes to obtaining a medical marijuana card, Florida medical marijuana laws are simple. To get a card, one must be diagnosed with a condition that is or is like AIDS, cancer, epilepsy, ALS, Crohn’s disease, Parkinson’s, MS, glaucoma, or other disorders that are characterized by high anxiety, chronic pain, or another symptom that has been shown to be managed by the use of any part of the marijuana plant.

There is also such a thing as a caregiver card. This card is given to someone who is not in need of medical marijuana personally but is allowed to purchase and carry the drug on behalf of someone who does have a medical marijuana card and may not be able to procure the drug themselves.

What Other Laws Does Florida Use to Manage Medical Marijuana Use?

Those who hold a medical marijuana card or caregiver card may possess up to 4 ounces of marijuana at any given time, but no more.

It is illegal to use marijuana in any public place unless it is a low-cannabis form or edible.

Despite holding a medical marijuana card, Florida law stipulates that it is still illegal to use or possess marijuana recreationally.

It is also illegal to possess more than the 4-ounce maximum.

What Are the Penalties for Breaking Florida Marijuana Laws?

Depending on the amount of marijuana in a person’s possession and whether or not they intend to sell the substance, the individual could get anywhere from 1 to 30 years in prison and up to a $200,000 fine.

Doctors who are found to be distributing medical marijuana cards without the proper certification or when it is not medically necessary can also face steep legal punishments, including fines, incarceration, and losing their ability to practice medicine. If you are facing charges of violating Florida medical marijuana laws while working as a medical provider, contact Florida Healthcare Law Firm to learn more about your options.

What Is MSO in Healthcare?

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More and more, healthcare providers are taking responsibility for the entire path of care for a patient. They are in need of a system to organize all the details in such a way that they are easy to access and potential issues can be flagged more easily.

In order to manage the increase in data as well as the multiple users that will need to utilize and access this information, a management system organization, or MSO, can be created.

Learn more about what an MSO is and how it can serve your business below.

What Is an MSO in Healthcare?

A management system organization, or MSO, is an administrative tool that allows for greater oversight and management of patient information and other related healthcare data that is unique to a specific medical organization.

Each MSO will be different in structure depending on the needs of the healthcare entity making use of the management tool. In order to create the MSO, it is important to start with a full assessment of the organization.

A number of factors will be taken into consideration, including the following:

  • The existing infrastructure, if there is any
  • Needs of the market
  • Current vendor contracts, if applicable
  • Current management needs
  • Systems and services provided

If there are any other unique offerings or issues that must be taken into account, those will be included in the assessment process in order to design a MSO that is right for the company.

Why Is an MSO in Healthcare Valuable?

There are a number of benefits to implementing an MSO in your healthcare business, including these:

  • Decreased risk: With multiple people accessing healthcare information, payment information, contracts, and more, an MSO can cut down on risk and centralize access so it is clear who accessed what and when.
  • Centralization of information: When different departments each work within a unique system, efforts can be duplicated and information can be missed. It can also create a lot of unnecessary work. All this is eliminated with an MSO.
  • Opportunities for expansion: If your organization has been considering working with more healthcare plans or expanding their provider network, an MSO sets you up for success in managing the increase in information and makes it easier to manage.
  • Multi-payor capabilities: It is normal for a competitive healthcare business to work within a multi-payor system. An MSO can make that manageable and even provide the ability to incorporate more payor systems as needed.

What Should an MSO Include?

Of course, every MSO will be different when it comes to the details, but in general, an MSO should include processes for managing the following:

  • Networks
  • Finances
  • Provider member services
  • Clinical guidelines and programs
  • Program delivery
  • Clinical operations
  • Data acquisitions
  • Analytics
  • Care management workflow

Get Support From Florida Healthcare Law Firm

There may be some legal considerations when it comes to setting up an MSO. A law firm dedicated to medical law can help to make sure no details are overlooked in this process. Contact Florida Healthcare Law Firm today to get assistance.

Are Essential Oils FDA-Approved?

fda stem cell business

The FDA does not regulate essential oils, just like it doesn’t regulate herbs or supplements. That means that there is no FDA approval for any essential oil.

It also means that there are no real regulations on the companies that produce essential oils. As long as they don’t market essential oils as if they are medicine or a cure for any issue, they can otherwise say what they like about the products.

But if they say that their product is FDA-approved to do something specific, that is incorrect and they are open to fines and could be shut down.

If your clinic or company sells essential oils, it is important to ensure that you remain in compliance with the law when it comes to marketing.

List of FDA-Approved Essential Oils

Because the FDA does not regulate essential oils, there is no such thing as a list of FDA-approved essential oils.

The FDA regulates cosmetics and drugs, so unless an essential oil is added to a cosmetic product or used in the creation of a medication, it will not fall under the jurisdiction of the FDA.

It’s important to note that it is illegal for an essential oil company or any purveyor to sell essential oils for medical use or as a treatment for any issue. The Federal Trade Commission regulates advertising claims and will intervene in the event that a company crosses the line or if there are complaints against the company.

Essential Oils in the GRAS Database

The FDA manages a database that houses a list of substances that have been determined to be “Generally Recognized as Safe.” There are some substances from which essential oils are made in this database along with a report.

For example, coconut oil is in the GRAS database, making it a safe base for essential oil products. It is important to note that the FDA has deemed all items on the GRAS list generally safe for consumption and that there is no toxic buildup for these items even when ingested in doses that are magnitudes larger than would be expected.

It does not necessarily consider their safe use topically. For example, clove oil is on the GRAS list and safe for consumption, but application of clove oil to the skin will cause inflammation, irritation, and a burning sensation.

Updating Your Essential Oil Marketing to Be Compliant With FTC & FDA Standards

The GRAS list is a continually expanding database to which more and more substances are added each month. New research is regularly done into the function of different essential oils topically and internally.

Florida Healthcare Law Firm can review marketing materials to ensure that they are in compliance with state and federal regulations and protect businesses from lawsuits brought by the government or civilly.

Contact us today to set up a consultation.

Medical Spa Requirements Florida

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Medical spas are a great source of revenue. They can be a unique way to serve clients that are local residents as well as those who are visiting Florida.

Florida is home to many seniors who benefit from med spa services. And out-of-town guests often seek a spa day while on vacation in the state.

Around the world, the med spa market was estimated to be worth about $19.3 million in 2022. Its growth is expected to almost double by 2028.

Before opening a med spa, it’s important to know a little about what is allowed, who can own a medical spa, and how to stay compliant with Florida law.

Who Can Own a Medical Spa in Florida?

Florida law states that anyone can own a medical spa. The law requires that all services be provided by licensed medical professionals who have current certifications in the procedures they are providing.

Essentially, as long as the nonmedical personnel has no input into what services are provided to patients, how they are offered, or which clients receive what treatments, they can run the backend of the business without crossing legal boundaries.

Do You Need a Medical Spa License in Florida?

If a medical spa takes only cash payments (not insurance plans), the owner needs no other licensure in order to run the business.

However, it is essential that every medical provider on staff only perform procedures that are within their scope of practice. For example, if the person is doing microdermabrasion, they need to be licensed and certified to do so. The same goes for other common nonsurgical procedures, such as laser hair removal, injectable dermal fillers, and nonsurgical fat reduction.

What Are the Laws Regulating Medical Spas in Florida?

Yes, there are laws regulating medical spas in Florida, and those laws are frequently changed and updated. The problem with attempting to stay in compliance with the shifts in legislation is that it can become a full-time job on its own.

When trying to run a business and take care of clients, it is almost impossible to immerse yourself in changing medical law at the same time.

The good news is that there is support available that can ensure you keep up with changing regulations without sacrificing time and attention from your business to do so.

Do You Need Help Opening a Medical Spa in Florida?

Florida Healthcare Law Firm is a boutique law firm serving the medical and dental community in southern Florida. No matter where your med spa is or will be located, we can assist you in getting the legal entity set up and help you to understand what is needed to remain in compliance. Call now for more information.

Florida Medical Device Company Settles $16 Million Case

Enforcement against medical device companies is not new and yet, these companies continue to engage in schemes that land them in hot water.  Frequently the same schemes are repeated over and over- some form of payment by the device company to a physician who selects/recommends the device to patients.  In some cases, the payment is in the form of an honorarium for speaking engagements.  In others, the payment is an all-expense paid travel to attend device company-sponsored “CME” in exotic locations or consulting fees for assisting in the evaluation and design of the device.

Announced yesterday by the U.S. Department of Justice (DOJ), is the settlement of allegations against Florida-based Arthrex Inc., a medical device company that specializes in orthopedic products.  Under the settlement agreement, Arthrex will pay $16 million for allegedly paying kickbacks to an orthopedic surgeon (Dr. Peter Millett) in Colorado.  The “payment” in this case was structured as royalty payments purportedly to compensate the orthopedic surgeon for his “contributions” to the development of two of Arthrex’s products when in fact the “payment” was intended to induce the surgeon’s recommendation/selection of the Arthrex products.  By offering the payments to the surgeon with the intent to induce purchase of Arthrex’ products which were then billed to Medicare, Arthrex violated the Anti-Kickback Statute (AKS) as well as the False Claims Act.Continue reading

Importance of Communication During Care Transitions

care transition doctor patient

Over nearly the last two years, nothing has become more evident that the importance of clear and concise communication during care transitions.  As health care facilities struggled to manage the burgeoning demand for inpatient beds, and in particular ICU beds, care transitions were fast and furious.  To facilitate care delivery and expedite care transitions, CMS issued numerous 1135 COVID-19 Emergency Declaration Blanket Waivers.  Examples (not an exhaustive list) of those blanket waivers related to required communications that may have affected the quality or safety of care during and immediately after care transitions include:

  • Allowance of audio-only telehealth for certain services.
  • Waiver of the requirement to authenticate verbal orders within 48 hours.
  • Restrictions on patient rights regarding visitation, particularly where an outbreak of COVID exists.
  • Limitations on detailed information sharing for discharge planning for hospitals and critical access hospitals.
  • Extension of time within which to complete medical records following discharge.
  • Expansion of role of allied health professionals, reduction in physician supervision requirements in certain settings, and
  • Waiver of requirement to develop and keep current a nursing care plan for each patient.

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Noncompetes, Healthcare and a New Executive Order

On July 9, 2021, President Biden signed a far-reaching Executive Order that could have significant impact on the healthcare industry.  Under the Executive Order, President Biden:

– Encourages the Federal Trade Commission to ban or limit noncompete agreements, and to ban unnecessary occupational licensing restrictions;

– Supports the practice of state and tribal programs importing drugs from Canada;

– Directs HHS to increase support for generic and biosimilar drugs, and to issue a comprehensive plan to, “combat high prescription drug prices and price gouging” within 45 days;Continue reading

Medical Technology Impacts the Law

A physician, surgeon, examines a technological digital holographic plate represented the patient's body, the heart lungs, muscles, bones. Concept: Futuristic medicine, world assistance, and the future

Changes in medical technology come quickly, and it’s imperative for Florida law to keep up to ensure that patients have access to the best care possible. Learn more about how medical technology impacts the law here.

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