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Author: Jamaal R. Jones, Esq.

Jones Health Law > Articles posted by Jamaal R. Jones, Esq.

Medical Director Responsibilities in a Florida Healthcare Clinic

By: Marcus Leonard The role of medical directors  Apart from the thousands of screaming fans, the role of a medical director is analogous to the role of the head coach on your favorite sports team as both are undoubtedly invaluable to an organization’s success but are also required to absorb responsibility if expectations are not met. A medical director’s role is so vital because a licensed health care clinic in Florida may not operate or be maintained without the day-to-day supervision of a single medical or clinic director. In Florida, medical or clinic directors are paramount to facilities and clinics maintaining a...

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Does the FDA consider Aromatherapy and Essential Oils a Cosmetic or a Drug?

Essential Oils Product Descriptions: Am I a Cosmetic of a Drug? Whether an aromatherapy product is a cosmetic or a drug under the law is determined by the product’s intended use. The Federal Food, Drug and Cosmetic Act defines “cosmetics” by their intended use, as “articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance.” Florida Statute §499.003(12) adopted the FDA’s definition of “cosmetic” verbatim, but further stated that the definition does not include soap. The law doesn’t require cosmetics to have FDA...

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Appointments Made to Autonomous APRN Council

The Boards of Medicine, Nursing, and Osteopathic Medicine have made appointments to the Council on Advanced Practice Registered Nurse (APRN) Autonomous Practice. Legislation creating the Council went into effect on July 1, 2020. The Council will recommend standards of practice for APRNs who register with the Board of Nursing for autonomous practice. Appointees Board of Medicine Shailesh Gupta, MD (3 year term) Hector Vila, MD (4 year term)   Board of Nursing Charrita Ernewein, DNP, APRN, FNP (2 year term) Vicky Stone-Gale, DNP, APRN, FNP (4 year term) Sandra Williamson, APRN, CNM (3 year term) Kathleen Wilson, PhD, APRN, FNP (2 year term)   Board of Osteopathic Medicine Michelle Mendez, DO (4 year...

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Can I Continue to Run a Medical Practice After the Sole Physician’s Death?

Authored by Marcus Leonard and Jamaal R. Jones, Esq.

Authored by Marcus Leonard and Jamaal R. Jones, Esq. Inevitably, we will all pass away at some point in hopefully the distant future. Some of our deaths will be expected while others will come as a complete shock. Many people formulate a plan for after their passing and make arrangements accordingly for the succession of their personal and business affairs and belongings, while others do not. Occasionally, that deceased person happens to be the only physician in the medical practice. The staff and surviving family members have to quickly determine what their options are and whether they can legally continue to...

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Marcus Leonard is our 2020 Summer Intern

Marcus Leonard is a rising 2L at Florida International University College of Law. Marcus earned a spot on the Dean's List for Fall 2019 and is a member of the Black Law Students Association. Marcus is proficient in Creole and is a Haitian-American. He will be joining Jones Health Law as our 2020 Summer Intern. Internships at Jones Health Law are designed to give our interns the tools that they will need to successfully practice law once he or she graduates from law school. Here are a few things that you should know about Marcus: Where are you from? I was born in...

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How Does a Nurse Practitioner Establish an Independent Practice in Florida?

Effective July 1, 2020, Advanced Practice Registered Nurses (“APRN”) will be able to register their own autonomous practice throughout Florida with the passage of House Bill 607. No longer will the APRN have to provide patient care within the framework of an established protocol with a supervising physician if they are properly registered. If the APRN is not registered then an established protocol will still be required. The term Health Care Provider has been re-defined to mean a physician, osteopathic physician, podiatric physician or an APRN registered under Florida Statute §464.0123.   Registering your Autonomous Practice Autonomous Practice is defined as an advanced...

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Criminal Liability for Rationing Medical Equipment During the Coronavirus Pandemic

Recently, a physician client called me and she was very concerned about potentially being charged with murder for rationing medical equipment, such as ventilators, during the COVID-19 Pandemic. She had been instructed by superiors to use the ventilators, which were in scarce supply, only on those patients that had the best chance of recovery. For the others, she would effectively be sentencing them to death and this caused added stress to an already stressful situation. I took the time to alleviate her concerns about potential liability and thought that I would share it with you as well.   Can I Be...

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Buyer Beware: Successor Liability Issues When Purchasing a Physician Practice

If you’re purchasing a physician practice or any other type of Florida healthcare entity you must ensure that you have structured the acquisition in such a way that you are not inheriting the liabilities of the previous owner. To do so, you must conduct a thorough due diligence process and draft the appropriate agreements. In Florida, a purchaser is generally not liable for the debts and liabilities of the seller unless the purchaser expressly (or impliedly) agrees to assume such debts and liabilities. Successor liability has the potential to become an issue when you purchase any existing company. The purchaser has...

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Coronavirus (Covid-19) Creates Opportunities for Use of Telehealth in Florida

I. Introduction For several years, we have discussed the practical benefits of using Telehealth or Telemedicine as a supplement to traditional medical care and not as a replacement. However, we are facing a moment in history where Emergency Rooms are becoming increasingly overwhelmed and don’t have the staff, resources, healthcare professionals, respirators, ventilators and other equipment necessary to adequately and expeditiously treat patients.  Telemedicine is becoming more essential now that countries around the world are paralyzed due to the spread of the Coronavirus which has resulted in a pandemic. Telemedicine is useful for those individuals who are unable or unwilling to travel...

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Closing your Medical Practice? Don’t forget to Wind Up!

You’ve decided that now is the time to close your healthcare entity (i.e. Medical Practice) for any number of reasons. However, you can’t simply close the doors and just walk away. There are a few steps that you need to take in order to comply with Federal and Florida law. One of the requirements is that you “wind up” your limited liability company (“LLC”). After you’ve dissolved the company the company continues only for the purpose of winding up. During this process the LLC is required to discharge or make provisions for the company’s debts, obligations and other liabilities, as well...

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