Protecting the Livelihood of Physicians

Frances Cullen has defended the livelihood of professionals for more than 25 years, guiding them through the professional license application process and defending their license against potential disciplinary action or criminal charges. Here are just a few representative cases involving physician clients: 

• A physician who completed another state’s application for licensure in haste entered an erroneous response regarding the completion of her Continuing Medical Education (CME), prompting that state to impose a public non-disciplinary order. The physician held active licenses in several states. Although the physician corrected the unintentional error, with other states poised to take action, Frances Cullen contacted and negotiated with the Georgia Medical Board and several other State Medical Boards to prevent reciprocal licensing action based upon her erroneous application response.
   

• With a strong knowledge of crimes that could prompt exclusionary status by the Office of Inspector General (OIG Exclusion), Frances Cullen provided sound advice to numerous physicians and other healthcare providers, including physician assistants and nurses, who face criminal charges to thereby avoid the exclusion. In two cases, a letter from Frances Cullen to the Court explaining the potential impact of an OIG Exclusion helped the providers obtain a more favorable criminal plea.
   

• When a state university terminated our client, a resident physician, from its residency training program based upon an allegation that he failed a pre-employment drug screen, we appealed the termination and our client was reinstated. At a hearing, we successfully challenged the collection process of the drug screen specimen at issue and presented overwhelming evidence that our client was not impaired. In a related case, we successfully defended our client in an investigation launched by the National Resident Matching Program (NRMP). Likewise, we represented the client before the medical board, which closed its investigation.
   

• In a case filed by the Georgia Composite Medical Board against a psychiatrist for improper prescribing practices, Frances Cullen prevailed at the initial hearing, with the administrative law judge finding no fault with the physician’s practice. The Board, on its own motion, reviewed the case and entered a contrary order seeking to discipline the doctor. Frances Cullen appealed to the Superior Court of Fulton County and prevailed, thereby preventing the imposition of any sanctions.

Defending Nurses Accused of Drug Diversion

Drug diversion is defined as the misappropriation of prescription medication without legal authorization, such as when a nurse diverts medication from a pyxis machine. Drug diversion allegations are very serious in nature and could lead to criminal charges if state or federal authorities are contacted.

In numerous cases when employers have fired nurses and reported them to the Georgia Board of Nursing for drug diversion, Frances Cullen of Levy Pruett Cullen has helped guide nurses to the appropriate drug treatment program, assisted them with the Georgia Board of Nursing’s investigation process, helped them locate an appropriate nurse advocate to advocate on their behalf before the Georgia Board of Nursing, and negotiated a more favorable outcome to monitor aftercare following completion of treatment. She has worked with many nurses to help them return to work as a Registered Nurse.

• For a nurse applicant who had been under a Consent Order in another state, Frances Cullen advised her on closing out the other state’s Consent Order, and obtained the paperwork necessary for her to obtain her license from the Georgia Board of Nursing.
• In a case where a nurse was criminally charged with Violation of the Controlled Substances Act (VGCSA) for writing fraudulent prescriptions, Frances Cullen represented the nurse in entering the most favorable plea for the crime charged, subsequently advising her about entering into a Consent Order with the Georgia Board of Nursing to enable her to return to the practice of nursing.
• For a nurse arrested and criminally charged with diverting controlled substances from her employer, Frances Cullen negotiated pre-trial drug court diversion of the case, which resulted in a disposition without court adjudication of guilt or a record of conviction.

Defending Psychologists, Licensed Professional Counselors, and Social Workers

Frances Cullen has represented numerous psychologists, licensed professional counselors, and social workers to defend their license against claims of improper practice, often leading to a dismissal of a board complaint or a more favorable negotiated settlement.

• In an action brought by the Georgia Board of Examiners of Psychologists (The Psychology Board) against a psychologist alleging insufficient oversight of testing conducted by a supervisee, Frances Cullen negotiated favorable disciplinary far less than that proposed by the Board.
   
• Frances Cullen helped negotiate favorable plea terms with no jail time for a Psychologist accused by the State Health Care Fraud Control Unit (SHCFCU) of serious Medicaid fraud violations involving the improper billing of children who were never seen by a psychologist.
   
• In a case wherein the Georgia Board of Examiners of Psychologists (The Georgia Psychology Board) would not terminate a psychologist’s consent order when she had met the terms of the Order, Frances Cullen filed a mandamus action in Superior Court, at which time the Georgia Board of Examiners of Psychologists (The Georgia Psychology Board) acted properly to terminate the Order.

Helping Dentists Retain Their License

Frances Cullen has defended several dentists who have found themselves before the Georgia Board of Dentistry because of false or misleading patient complaints. She has also assisted several dentists who have undergone treatment for alcohol and/or drug addiction and thereby gained sobriety. In cases of drug diversion, she has negotiated a workable solution for the dentist to retain their dental license and DEA registration. Also, for the little-known law that prevents a dentist from working as an employee of a non-dentist, Frances Cullen has provided sound legal advice to dental offices.

Violation of the Georgia Controlled Substances Act - VGCSA

Drug Related Crimes & Addiction

In representing a substantial number of professionals who have faced criminal charges related to substance abuse and/or addiction, Frances Cullen has provided legal representation for the complete range of drug diversion crimes and charges related to the ordering and writing of improper prescriptions including, but not limited to, forgery, VGCSA and identity fraud.

Representation for professionals has been provided before Federal and State Courts, the Drug Enforcement Agency (DEA), Georgia Drugs & Narcotics (GDNA), and with subsequent meetings and actions taken by professional licensing boards and professional credentialing bodies.

Drug Enforcement Agency

Frances Cullen has successfully negotiated with the Drug Enforcement Agency with regard to the imposition of more favorable terms when a physician is compelled to enter into a Memorandum of Agreement (MOA) in order to keep their DEA prescribing privileges.

In numerous cases, Frances Cullen has streamlined the process for applicants seeking a DEA permit to more easily obtain their ability to prescribe controlled substances.