A recent New York Times article shows that operating rooms are not exempt from the debate about appropriate language in the workplace.

On one level, the article illustrates yet again that conversations that would have been routinely tolerated or ignored in the past are now subject to debate, criticism and possibly consequences.

The article focuses on the effect of such conversations on patients and on younger doctors.

Are such conversations appropriate, even when the patient is sedated?

As to younger doctors and students, are they negatively affected by such ‘inappropriate’ conversations?

As to the first question, if no harm is done, the procedure is completed and the patient was sedated, it is easy to conclude that no discussion is necessary. On the other hand, perhaps sedated patients are entitled to a certain level of dignity, however subjective that may be.

As to the second question, given the conditions and demands of the profession, gallows humor is undoubtedly a safety valve that benefits patients and rising practitioners.

Further, the ‘protection’ from hurtful words that some feel the younger generation needs and is entitled to frustrate more than just doctors.

For medical professionals, if this discussion is taking place in medical journals and The New York Times, it is likely that medical staffs and medical boards are also taking an interest in this subject.

The problem with this behavior is that reactions to it are very subjective, people ‘know it when they see it or hear it’. It may be harmless and cathartic gallows humor to one person but inappropriate and haunting to others.

Hopefully, common sense and good judgment prevails, for both the maker of any such statements and the people who hear or are tasked to pass judgment on them.

If you are a Doctor practicing in New Jersey and you need assistance with a licensing issue or criminal matter, contact me for a confidential evaluation.

New Jersey Nursing License Defense Attorney Gives His Opinion On How Nurses Handle CEU’s

Nurses are often asked to explain patient complaints that have been sent in by their current or former employer. The nurse is asked to provide a narrative of the events for the board so that they can make a determination as to whether any discipline is warranted.

In each and every correspondence for the board, they also ask for proof of completion of continuing education units (CEU’s) for the cycle during which the patient complaint took place.

So, for example, if a patient complaint took place in 2013, the board would ask for proof of completion of the required 30 hours of CEU’s for that reporting period. Why do they do this?

The Board of Nursing regulations, as with many professional licensing boards, has a continuing education requirement. The requirement is that nurses take 30 hours of continuing education units during their two year license period. Nurses are required, upon demand, to provide proof of completion of these units.

Nurses are also required pursuant to the regulations to maintain proof of this completion for a four year period. The board could conduct audits for compliance, but there are many, many licensed nurses in New Jersey and it would difficult to create a comprehensive audit program.

What I have noticed is that this is an effective way to monitor compliance with the CEU requirement. I have also noticed that in many cases the nurse’s response to a patient complaint or a hospital complaint can be satisfactorily explained to the board.

However, if the nurse cannot provide documentation that he or she has completed the required CEU’s, he or she is subject to a fine, possibly a reprimand or even a Provisional Order of Discipline suspending the nurse until such time as the nurse can document compliance with the requirements.

This order will become part of the nurse’s permanent disciplinary record, even if there is eventual compliance with the CEU deficiency. That is why it is key to not only complete the required CEU hours, but to maintain copies of them in case you are ever required to produce them at a date in the future.

When renewing a license, nurses are required to certify that they have completed the required hours. If this cannot be proven at a later date, the board takes the position that the question about CEU’s was answered dishonestly, and may subject the licensee to discipline.

If need assistance with an ongoing investigation by the New Jersey Board of Nursing, give me a call at

The New Jersey Attorney General’s office and Division of Consumer Affairs are aggressively enforcing laws relating to price gouging in the wake of Hurricane Sandy. With the support of Governor Christie, they are actively investigating complaints of price gouging and are soliciting complaints through their websites and press releases.

Thus far, the lawsuits have been limited to gas stations and one hotel. However, there are many other types of businesses that may be subject to these actions. In fact, one recent article suggested that pizza restaurants may be engaging in price gouging. Check out that article here.

The current administration is going to keep price gouging at the forefront of their enforcement efforts for the near future. The regulators are basing their actions on a section of the New Jersey Consumer Fraud Act which prohibits price increases of greater than 10% during a declared state of emergency, or for thirty (30) days thereafter.

Have you recently been brought under questioning due to raises in your company’s prices? If so, contact the Law Office of Rich West at 973-377-0007 for a free consultation regarding your situation.

The problem with online rating sites is that they are anonymous so it is difficult to target the maker of such comments. Responding to the post may only lead to a protracted exchange which only expands the scope of the review and gives the disgruntled patient platform to continue to complaint. As difficult as it can be, it is better not to respond.

If you would like to discuss more about your legal rights with regard to patients’ reviews, or any other aspects of medical license law, feel free to contact me, Attorney Rich West at 973-377-0007 for answers to your questions.

While text messaging has become a common, almost universal, method of communication, the use of text messages presents legal complications that may far outweigh the ease and practicality of the medium. The use of text messages by practitioners may present a HIPAA violation if patient information is disclosed in the body of the text, even if it does not begin that way.

Even if a smartphone is encrypted, there is ultimately no guarantee that people other than the intended recipient are actually viewing the text. As with other forms of communication, practitioners must be circumspect with the content of any text message sent to a patient. For example, a patient may view a doctor’s follow-up text as to the patient’s condition as inappropriate conduct with potential legal consequences.

While there may have been no harmful intent, the practitioner must consider the implications of the content of all text messages. This can be difficult considering the ease and immediacy of text messaging.

If you are a medical or healthcare practitioner and worried about the legality of issues surrounding your patients’ confidentiality, feel free to contact New Jersey Attorney Rich West at 973-377-0007 in order to keep both you and your patients safe.

The New Jersey Board of Medical Examiners moved to suspend the license of a New Jersey cardiologist, based upon his arrest in New York for the illegal sale of painkillers, as well as insurance fraud. More information can be found here.

This move is part of a continuing effort on the part of the Board to prevent the abuse of prescription painkillers, and vigorously enforce insurance fraud regulations.

If you have questions regarding this particular case or other instances concerning State Board Licensing, contact the Law Office of Rich West at 973-377-0007 for further information and answers to your questions.

Medicare has just opened a high tech anti-fraud center, designed to allow investigators to prevent fraud in real time, before fraudulent payments are even made. It is too soon to tell whether this latest attempt to prevent health care fraud will be successful.

However, practitioners should take this as another signal that regulators at all levels continue to focus on fraud and abuse. Practitioners need to be extremely diligent in their dealings with Medicare, as the financial and professional consequences of a fraud investigation or accusation can be severe.

For more information regarding this new center, click here.

If you or someone you know has questions concerning Medicare law or legal practices, contact New Jersey attorney Rich West at 973-377-0007 for more information.

When government officials are asked about how health care reform is going to be paid for, the answer in invariably that they are going to cut out fraud and abuse.

There are inspector generals, fraud prosecutors, and insurance company special investigators units, and all of them are looking to get in on the action of stopping fraud and abuse. However, that is not to say that there is not fraud and abuse.

What it means for the practitioner is that there are many layers of governmental agencies, as well as private organizations, that have the right, and they believe, the duty to investigate practitioners. This can be dangerous for the practitioner because an adverse finding by one investigation authority can lead to investigations and sanctions by another body.

Thus, it is very important that if you are contacted by any type of investigator, that you recognize the broader implications of what an investigation may mean.

If you have any questions regarding investigations or other licensing board activities, contact the Law Office of Attorney Rich West at 973-377-0007 for more information.

According to their website, “The paramount responsibility of the State Board of Medical Examiners is the protection of the public’s health, safety, and welfare. The Board meets its responsibility by licensing medical professionals, adoption regulations, determining standards of practice, investigating allegations of physician misconduct, and disciplining those who do not adhere to requirements – thereby showing the public that physicians are qualified, competent and honest. In addition to physicians, the Board is responsible for the oversight of a number of allied health providers.”

If you or someone you know has questions regarding obtaining a professional license in the state of New Jersey, contact attorney Rich West at 973-377-0007 for a free consultation.