Nurse Kathy Lynch, age 57, was cleared of allegations this week following accusations that she unlawfully issued weight loss drugs to her patients. The jury debated for three hours, and after reviewing testimony from the trial, agreed that she was innocent of all 16 charges she had been facing.
Lynch?s attorney, Scott King, was instrumental in helping to clear her name. Lynch?s clinic, known as Kouts Family Health Care Clinic, had a collaborative agreement since 2009 with a local doctor. However, it wasn?t until 2013 that the agreement was actually registered with the state, and the clinic didn?t have the proper government approval to issue prescriptions.
Healthcare Laws are Constantly Changing; Very Confusing
At the heart of the issue, according to King, was constantly shifting laws concerning the Affordable Care Act and gray areas concerning what nurse practitioners are allowed to do. Most states now, for example, allow nurse practitioners to prescribe medications so long as an agreement with a doctor is in place — the intent of this, under the Affordable Care Act, is to make medications more accessible to underserved (typically rural) areas that don?t have as many doctors on hand. King argues that this area of law is confusing even to lawyers, so it is not surprising that Lynch unknowingly violated laws in the process.
It was this that led to the misunderstanding of Lynch?s ability to dispense medication. According to King, Lynch has already applied to renew her license (it was suspended until the trial?s outcome was concluded). ?This has been devastating? regarding the impact the case has had on Lynch, King said, adding that Lynch?s fellow nurse practitioner is on trial for the same charges later in the spring.
How a Nurse License Defense Attorney Can Help
When it comes to defending yourself against criminal charges, you?re going to want to hire a professional license defense attorney. Had Lynch been convicted, she would have lost her professional licensing forever, and may have had to go to jail, pay fees, or at least be under house arrest. Lawyers for nurses are in more demand than ever before because of the unique demands and burdens created by new laws concerning everything from The Affordable Care Act to HIPAA.
Are you considering hiring a professional license defense attorney? What sort of situation are you in? Let us know.
