Case Results

Representative Cases

Physicians

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.

A physician who completed another state’s application for licensure in haste entered an erroneous response in regard to the completion of her Continuing Medical Education (CME) that she later completed, prompting that state to impose a public non-disciplinary order. The physician held active licenses in several states. Although the physician later 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 action from being taken against the licensee based upon her erroneous application response.

Upon a showing of rehabilitation, Frances Cullen secured the reinstatement of a medical license for several physicians who have been convicted of felony crimes and, in some cases, those still under probation.

With a strong knowledge of crimes that could prompt exclusionary status by the Office of Inspector General (OIG Exclusion), Frances Cullen has 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.

Hospital Peer Review and Credentialing

In a case where a hospital summarily suspended a physician’s clinical privileges, Frances Cullen worked with the hospital to address what they perceived as alleged deficiencies and helped the physician obtain a “void” to remove the negative National Practitioner Data Bank (NPDB) report that would have had a significantly negative impact on his career.

In another hospital peer review case, Frances Cullen worked with a hospital temporarily limiting a physician’s clinical privileges to limit the language of the National Practitioner Data Bank (NPDB) language and its potential negative effect.

Pharmacists

An out of state pharmacist who moved to Georgia had entered a “nolo contendre” (“no contest”) plea to criminal charges in his prior home state and claimed he was innocent of the alleged crime; Frances Cullen assisted him in obtaining an unrestricted license in the State of Georgia.

For a pharmacist who entered a criminal plea to Medicaid fraud, Frances Cullen ensured the retention of his pharmacy license.

Dentists

Frances Cullen has assisted several dentists who have undergone treatment for alcohol and/or drug addiction and thereby gained sobriety. In cases of drug diversion, Frances Cullen has negotiated a workable solution for the dentist to retain their dental license and DEA.

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.

Health Care Professionals

In a contested administrative hearing brought by the Georgia Medical Board, Frances Cullen successfully defended an innocent Physician Assistant charged with the inappropriate touching of a patient.

Frances Cullen successfully negotiated a Consent Order to permit a Nursing Home Administrator who entered a criminal plea to retain his license.

The Georgia Medical Board only recently implemented licensing for Prosthetists and Orthotists and the “grandfather” clause has expired for those who had previously worked in the profession. In three cases, Frances Cullen has filed and been granted a Rule Waiver to enable well-qualified and trained prosthetists and orthotists who do not meet the current requirements to obtain a license.

When the Georgia Board of Psychology would not comply with the terms of its own Consent Order to terminate the Order upon completion of certain required tasks, Frances Cullen brought a Mandamus action against the Board to require its compliance. The Board subsequently entered an Order Terminating the Psychologist’s Consent Order prior to the court date.

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.

Substance Abuse and/or Addiction

Georgia is one of the few states without a Physician Assistance/Health Program so most physicians and healthcare professionals who have undergone treatment enter into a Private or Public Consent Order with the Georgia Medical Board or another licensing board.

Frances Cullen has negotiated countless Consent Orders for physicians and other healthcare providers, often obtaining a Private Order when the Board’s initial recommendation might have been to make the Order public. Frances Cullen has also worked with a large number of physicians who have suffered a relapse and helped them return to work after the successful completion of treatment. In negotiating Consent Orders with the Georgia Medical Board, and other licensing boards Frances Cullen has worked to ensure that the conditions imposed by the Order will still permit the physician or other healthcare professional’s ready return to medical practice.

Applicants for Licensure

Applicants seeking to become licensed in the State of Georgia may face a difficult challenge, especially if they completed their education and obtained their credentials many years ago. This is especially true for license applicants who were educated in foreign countries.

Frances Cullen has represented numerous physicians and other healthcare professionals in obtaining a rule waiver to enable them to become licensed by proving to the professional’s state licensing board that their prior education and experience demonstrates their competence to practice their profession.

Georgia Real Estate Commission

In several hearings to appeal the Georgia Real Estate Commission’s denial of initial application for licensure due to a felony conviction, Frances Cullen helped these applicants prove the requisite ethics and moral character to obtain a real estate salesperson’s license.

Medicare/Medicaid Civil and Criminal Fraud Recoupment

Frances Cullen has successfully negotiated the settlement of numerous cases brought by the State Health Care Fraud Control Unit (SHCFCU) and prevented the State from bringing criminal charges of Medicare/Medicaid Fraud against physicians, medical offices, speech pathologists, and other healthcare providers by instead entering into civil payment agreements.

With a sound familiarity of Medicare and Medicaid rules and regulations, Frances Cullen has negotiated favorable settlements in numerous recoupment actions brought by the government on claims of improper billing and coding, often entering into agreements to pay back, over time, only a fraction of the amount originally sought.

Georgia Professional Standards Commission

Frances Cullen, PC has assisted applicants for teacher certification with prior (non-violent) misdemeanor and felony convictions to obtain teacher certification from the Professional Standards Commission.

Criminal Defense of Licensed Professionals

In a Federal criminal case, Frances Cullen, PC represented an impaired physician who distributed a significant number of illegal prescriptions. The government sought to initially charge him with numerous violations of Federal controlled substances laws, including prescribing and conspiracy offenses. Frances Cullen, PC negotiated a plea agreement to a reduced charge applicable to a limited drug amount, thereby bringing the Federal Sentencing Guidelines offense level down and, at sentencing, pled for a further reduction, which was granted.

Frances Cullen, PC has worked in conjunction with criminal defense attorneys regarding creative sentencing options in cases involving physicians charged with controlled substance violations. In numerous instances, advice provided enabled the client to enter a plea, which upon successful completion of its terms, fully disposed of the case without a conviction (which would have adversely affected his or her medical license).

In a most unusual case, Frances Cullen, PC successfully prevented criminal prosecution of physician accused of stalking. After several years of cooperating with prosecutors and investigators across multiple metro counties, we were able to provide evidence sufficient to arrest the complainant who actually perpetrated the crime while purporting to be its victim.

Drug Enforcement Agency (DEA)

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

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

Proviso

Due to the professional stature of my clients and the sensitive nature of the issues that are the subject of these matters, client names are not provided for these cases.

In nearly twenty years of practice in the area of professional licensing and in my ongoing dedication to the representation of licensees and, in particular, healthcare professionals, I have secured several victories for licensed professionals that were so successful that they caused professional licensing boards to amend their rules or procedures.