Although it is not required, having an attorney assist you in physician license defense usually helps you achieve a better outcome than if you were on your own.

WHAT CAN AN ATTORNEY DO TO ASSIST?

If you have had an arrest for any crime, it is important to consult with an attorney to understand your duties to inform the Georgia Composite Medical Board. You may need to immediately self report if the arrest involved substance abuse or moral turpitude issues. How and when you communicate with the Board is crucial to your future success in maintaining your license.

In addition, when it comes time to renewal, you must answer the question about any interactions with law enforcement with a YES and attach a narrative. Again, having an attorney assist you with any and all communications with the Composite Board will help your ultimate success in maintaining your license as a physician.

WHAT IF MY LICENSE IS UNDER INVESTIGATION?

If you have been notified by the Georgia Composite Medical Board that you are under investigation, you should immediately contact an experienced health care physician license defense lawyer. We can assist you in all communications with the Board so that you don’t make any statements or submit any documents that could inadvertently hurt you. You will also need to contact your malpractice insurance carrier right away and be sure to document everything involved in what is alleged in the allegations.

WHAT IF I AM ASKED TO SURRENDER MY DEA REGISTRATION?

Has your clinic been subject to a search warrant? At the time of the execution of the search warrant, did one of the agents ask you to voluntarily surrender your DEA registration? You need to consult an attorney immediately not only because a search warrant was executed on your clinic, but, also because there are long term effects of surrendering your DEA registration. Submitting a DEA Form 104 (“Voluntary Surrender of Controlled Substances Registration”) without legal advice is not a good idea. Voluntary surrenders are also typically reported to the National Practitioner Data Bank (NPBD).

WHAT IS THE NPBD?

The National Practitioner Data Bank was created by Congress in 1986 in order to prevent practitioners with histories of misconduct or incompetence from moving state to state without disclosure. Hospitals, state boards, malpractice insurers, and federal agencies are now legally required to report certain actions. There is an online guidebook that provides details on what specific actions are reported. Most importantly, any and all adverse restrictions or surrenders of privileges and adverse state licensing actions are reported.

Contact us immediately so that we can answer all of your questions and so that we can assist you in properly defend ing your physician license defense.

Over the past three decades, Conaway & Strickler, PC has represented physicians, nurses, dentists, CPAs, chiropractors, financial advisors, educators, lawyers, and many others. The list of licenses for the state of Georgia shows how many professionals rely on licensure for their livelihood. We provide strong defenses to protect your professional license and preserve your reputation and career longevity.

It is important to contact Conaway & Strickler, PC very early on so that we can make strategic steps to protect your livelihood. For example, a physician who is facing allegations of misconduct may face suspension, probation or revocation. It is important to have experienced legal counsel to effectively navigate these uncertain waters.

Here is a list of the top 10 of the Most Common Disciplinary Actions Against Healthcare Professionals published recently by GCMB. It helps explain some common pitfalls and responsibilities outlined by
the GCMB.

If you are facing any issues with your professional license, we are here to help.

DME Fraud

Durable Medical Equipment (DME) fraud remains a cornerstone of federal enforcement as seen in the recent takedown. An indictment in the Western District of New York charges a medical doctor with billing roughly $29.6 million for fictious DME and $5.6 million for audio-only telehealth visits, which were brief or never occurred. That doctor produced and maintained false and fictitious medical records and fraudulently certified orders for braces without regard to medical necessity. The doctor now faces federal criminal charges of conspiracy to commit health care fraud, health care fraud, and false statements relating to health care matters.

In “Operation Gold Rush,” prosecutors in the Eastern District of New York indicted 11 defendants, including two pharmacists, members of a transnational criminal organization based in Russia and Eastern Europe. These individuals allegedly orchestrated a massive Medicare fraud and money-laundering scheme that billed over $10.6 billion to federal health programs—making it the largest case by loss amount ever charged by the DOJ. The group used foreign straw owners to acquire dozens of U.S.-based DME suppliers, then submitted fraudulent claims for equipment such as urinary catheters and glucose monitors that never delivered, exploiting stolen identities and confidential patient data. To date, 19 defendants have been charged in the case, including multiple arrests abroad (Estonia) and at U.S. entry points.

COVID-19 Testing Kickbacks

COVID-19 testing kickback schemes typically involve health care providers or marketers billing Medicare for over-the-counter or lab-based COVID-19 tests that were unnecessary, never provided, or obtained through illicit referrals. These cases often rely on the same core tactics as DME fraud: using stolen or misused patient information, paying illegal kickbacks for referrals, and submitting inflated or false claims to federal programs. In both types of fraud, the perpetrators exploit gaps in oversight during high-demand periods—such as the pandemic or public health emergencies—to rapidly bill large amounts to Medicare, often with little or no patient interaction or verification.

These 2025 takedown includes criminal indictments and civil settlement agreements targeting this type of COVID-19 fraud. An indictment out of Illinois charged multiple individuals, including a physician, for their roles in a kickback scheme. According to the indictment, the defendants caused laboratories in Illinois and Texas to submit fraudulent claims to the HRSA COVID-19 Uninsured Program, ultimately receiving over $293 million in payments. The physician involved allegedly misused patient information—including data from a former hospital employer—to falsely claim that uninsured individuals had submitted samples for COVID-19 testing. In reality, many of the patients had not submitted samples at all. Defendants submitted claims through Texas labs they owned, despite those labs being non-operational. The proceeds were then laundered through various financial accounts to disguise the funds’ origin. Charges include wire fraud, conspiracy to commit money laundering, HIPAA violations, and conspiracy to defraud the United States. Authorities have seized a Rolls Royce Phantom and more than $104 million in assets linked to the fraud.

The charges being brought by the federal government in these cases carry significant criminal penalties and collateral consequences, especially for licensed medical professionals. At Conaway & Strickler, we are highly experienced in defending against these types of claims. Contact us to schedule a consultation and discuss your case.

Experienced federal criminal defense attorneys like those at Conaway & Strickler, PC may suggest early on about the possibility of entering into a “deferred prosecution agreement” which is essentially a contract with the Department of Justice. DPAs are frequently used in cases involving corporate fraud, bribery, and antitrust violations.  These pretrial agreements may involve an admission of wrongdoing, the payment of fines, and the implementation of compliance measures.  Charges may be dropped if the defendant complies with the requirements of the agreement.  Generally, the Assistant United States Attorney will file the criminal complaint and the DPA with the court, so it is of public record. This will be accompanied by a formal request to the court that any prosecution be delayed according to the terms of the DPA, allowing the defendant to fulfill its agreed-upon actions.  This is very similar to conditional discharge / pre trial diversion agreements found at the state level.

An example of a DPA would be one that was entered in to by the DOJ and Teva Pharmaceuticals USA, Inc in August 2023 in response to the company’s involvement in a price fixing conspiracy involving several pharmaceuticals.   As seen in this example, terms can include paying a fine, waiving certain rights, agreeing to a factual basis for the charges, and an agreement to cooperate and compliance monitoring and of course, agreeing to what will happen if there is a breach of the agreement.

The central benefit to entering in to a DPA is that the individual or business entity is not convicted of any crime. It offers an opportunity to have the federal criminal charges dismissed or dropped once the accused completes all the required conditions.

Here is an another example of a DPA entered in to with the NDGA and Avanir Pharmaceuticals.  This pharmaceutical manufacturer based in Aliso Viejo, California, was charged for paying kickbacks to a physician to induce prescriptions of its drug Nuedexta.   Of note in that case – the Northern District of Ohio indicted four individuals, including former Avanir employees and one of the top prescribers of Nuedexta in the country, who were involved in the kickback scheme.  So, the company itself entered in to a DPA but there was still fall out with respect to some individuals and receiving criminal indictments.

Early intervention is key in a successful resolution in health care criminal matters.  We have extensively blogged about health care fraud.   Contact us if you need an experienced federal criminal defense litigator.  Our firm has vast experience in white collar criminal investigations including False Claims Act and antitrust investigations.

1. NPDB Reports. Licensing boards are generally required to report such these informal agreements involving physicians to the National Practitioners Data Bank (“NPDB”). (See45 CFR § 60.8). Hospitals and other entities are required or permitted to check the NPDB during the physician credentialing process. An NPDB report can permanently tarnish a physician’s record and career, unless it is removed, and it may also result in the additional actions outlined below.
2. Reciprocal Actions by Other State Licensing Boards. Many if not all state licensing boards automatically impose reciprocal sanctions against providers who were sanctioned in another state; thus, the action in one state may result in similar actions in other states in which the provider is licensed. That, of course, compounds the physician’s problems.
3. Adverse Action by Other Agencies. Other agencies may initiate their own investigation based on the board’s order. For example, an order with terms relevant to prescribing practices can trigger an investigation by the state pharmacy board. A stipulation involving inappropriate conduct with the patient might lead to criminal charges by the local law enforcement agency. Although such collateral investigations are fairly rare and are usually limited to situations involving egregious facts, there is no guarantee that the physician will be able to avoid lengthy and costly investigations or proceedings by other agencies.
4. Adverse Employment Action. Employment contracts often condition employment on an unrestricted license and require the provider to disclose or represent that the provider has not been the subject of adverse licensure action. Depending on the language of the contract and the mood of the employer, a seemingly innocuous board order may result in loss of employment. At the very least, it will likely undermine the provider’s position with the employer.
5. Adverse Credentialing Actions. Like employment contracts, hospitals or other facilities consider adverse licensure actions in their credentialing decisions. Depending on the medical staff bylaws and credentialing policies, licensure stipulations may allow the hospital or facility to deny, suspend, restrict, or terminate a provider’s medical staff membership or privileges, thereby limiting the provider’s practice options. Such adverse credentialing actions may also adversely affect the physician’s employment or relationships with payers who are affiliated with the hospital.
6. Adverse Publicity. In most states, the licensing board is permitted or required to publish the action. Colleagues, patients and others in the community are likely to learn of the stipulation, resulting in professional embarrassment, diminished reputation, and loss of business.
7. Malpractice Insurance. Depending on underwriting requirements, a board order may adversely affect the provider’s ability to secure or maintain professional liability insurance or the premiums charged for such insurance.
8. Litigation. Finally, the stipulation may result in civil lawsuits. The stipulation may spark suits by plaintiffs affected by the underlying concerns. In addition, plaintiffs’ lawyers may attempt to use the stipulation in subsequent litigation against the provider. Even though the stipulation will likely be irrelevant and inadmissible to most malpractice cases, it can still cause discomfort and increase the costs of defense.

Given the potential penalties, providers should carefully consider the consequences of any consent order entered into with the Board. If there is no effective defense to the allegations, the provider may have little choice but to agree to an appropriate stipulation to minimize costs and avoid potentially worse sanction; however, the provider should attempt to negotiate the terms in the stipulation to minimize his or her exposure. For example, the board might be willing to agree to a private censure or public reprimand instead of imposing restrictions or conditions on licensure. Alternatively, the provider might be able to modify the stipulation to confirm that it does not constitute a restriction on the license, does not limit the physician’s practice, and there was no harm or risk to patients. The provider might try to include other provisions that mitigate the harm or minimize the need for future disclosures. As appropriate, the provider should work with a knowledgeable attorney to help evaluate the risks and craft the stipulation in a manner to minimize the damage it will undoubtedly cause. For a consultation, contact us today.

Who makes up the Composite Board? The Board is made up of fifteen members appointed by the Governor. Thirteen of those members are physicians, and two of those members are public representatives who have no ties to medicine. Each Board member typically serves a four-year term.

What does the Board do? The Board’s functions include screening candidates for licensure, issuing licenses to qualified professionals, developing rules and guidelines for healthcare practice, and disciplining licensees when necessary. In Georgia, the Composite Board licenses and monitors healthcare professionals including the following: Medical doctors (MDs), Doctors of osteopathic medicine (DOs), Physician assistants (PAs), Anesthesiologist assistants (AAs), Acupuncturists, and pain management clinics. However, the Composite Board does not license or regulate podiatrists, chiropractors, dentists, marriage and family therapists, social workers, professional counselors, physical therapists, registered nurses, or licensed practical nurses – those professions are regulated by the Office of the Secretary of State.

As a healthcare professional, should you retain a lawyer for interacting with the Board? When your professional license could be at stake, an experienced attorney can assist you with navigating the Board’s procedures and hearings. For licensing applicants, there may be issues from the past that require disclosure to the Board. For example, while a past criminal conviction will not necessarily prevent an applicant from obtaining a healthcare license, the failure to make an adequate and timely disclosure could jeopardize licensure and require a hearing before the Board. For licensed healthcare professionals, the Board will handle challenges to your license that arise from allegations of any professional or criminal misconduct. Once the Board has notified you of a pending disciplinary action, consulting with legal counsel is crucial to best protect your license and career.

At Conaway & Strickler, we have experience representing healthcare professionals before the Board in matters including the disclosure and mitigation of criminal issues and the defense of alleged professional misconduct. If your healthcare license is at stake, our attorneys can help guide you through the process of safeguarding your career. Schedule a free consultation to discuss potential issues facing your professional license.

If your professional license is under review, you may be facing disciplinary action, suspension, or even revocation of your license. Professionals can face license challenges due to various reasons, including allegations of unethical behavior, negligence, or non-compliance with industry standards. Common grounds for disciplinary action in this context includes the following:

• Negligence or Malpractice:Claims that a professional has failed to meet the appropriate standard of care.
• Ethical Violations:Breaches of professional codes of conduct or ethical guidelines.
• Criminal Charges:Convictions that impact one’s suitability for professional practice. Generally, a criminal charge will almost always bring a professional license under review.
• Substance Abuse:Issues related to addiction or impairment affecting professional duties. This can arise simply from reports of substance abuse made to the licensing board, or a criminal charge related to substance abuse (DUI, unlawful possession of controlled substances, etc.).
• Fraud or Misrepresentation:Instances of dishonesty or deceptive practices. Again, this can stem from criminal charges or arise in the context of reports/evidence of fraud or misrepresentation.

The applicable licensing board often initiates the process for disciplinary action once a complaint has been filed. In some circumstances, such as pending criminal charges, it may be mandatory for the professional to self-report to the Board. This varies by state and different professional licenses have different requirements.

Following the initial notification, the Board conducts an investigation to gather evidence and determine if there is a basis for formal charges. It is crucial to respond promptly and thoroughly to any allegations. An experienced attorney can help you gather evidence, prepare statements, and formulate a defense strategy. Sometimes, it may be possible to resolve the matter through negotiation or a settlement, which can mitigate the impact on your license. If the case proceeds to a formal hearing, working closely with an attorney to present a robust defense is essential. This may involve testimony, evidence presentation, and cross-examination.

Hiring a skilled attorney is the best way to protect your career once your professional license has been challenged. At Conaway and Strickler, we have a proven track record in defending professional licenses can provide valuable insights and strategies for your case. Each case is unique, and we offer a personalized approach to understanding the specifics of your situation and providing customized legal solutions.Facing a challenge to your professional license can be a daunting experience, but with the right legal representation, you can navigate the process with confidence. Understanding the procedures, common issues, and having an attorney by your side can make a significant difference in the outcome of your case.

If you are facing allegations or disciplinary actions affecting your professional license in Georgia, contact our firm today to safeguard your career and future. Our experienced attorneys are here to help you defend your professional license. Schedule a consultation with us to discuss your case and explore your legal options.

What happens when the Medical Board investigates you? First, a complaint is filed. The Board will reach out to you and let the you know of the existence of the complaint and ask for a response. This is where you immediately need to seek out legal advice. At Conaway & Strickler, PC we have attorneys very versed on the intricacies of the complaint process. Once the Investigative Committee reviews the complaint and response, they can recommend a variety of options ranging from closing the case to disciplinary action. It is imperative that you and your lawyer really work with the Investigative Committee to ensure they know all of the facts and circumstances to ensure the best resolution.

Cases are resolved in three main ways – closure, private action or public action. The public action is a notation on the GCMB web site.

Contact us for more information and how we can help you.