Michael S. Elkins, J.D.

Michael S. Elkins, J.D. Attorney

8501 E. Princess Drive
Suite 220
Scottsdale, AZ 85255

Phone: (602) 900-8562

Email Me

Michael (“Mike”) Elkins is a senior attorney at Boesen & Snow. Prior to joining Boesen & Snow, Mike was an associate attorney with Quarles & Brady’s Health Law Group, serving as the group’s only Florida-based health care regulatory attorney. Before that, Mike was a civil defense litigator with Wicker Smith, where the bulk of his practice involved defending Fortune-ranked pharmacy chains against claims for pharmacy professional negligence.

With over a decade of experience, Mike advises a variety of clients in the health care industry, including multiple types of pharmacies, drug and device distributors and manufacturers, physicians, and other individual and corporate health care service providers. His experience includes:

• Analysis of state and federal laws and regulations specific to health care clients’ operations, on an array of regulatory compliance issues affecting individual providers to multi-national corporations.
• Risk assessment and recommendations to pharmacies, drug and device wholesale distributors, third-party logistics providers, and reverse distributors, in matters including licensing and permitting, controlled substances, reporting obligations, shipping, and drug destruction.
• Advising health care entities attempting to leverage new and existing technology to improve patient care, including automated pharmacy systems and telehealth.

Mike’s philosophy has always been that there are no shortcuts in life, but you should anticipate what’s around the corner. He brings this same philosophy to his work, offering clients practical advice and creative solutions. Among many successes during his legal career, Mike has:

• Successfully convinced the Florida Board of Pharmacy to grant a non-resident pharmacy’s Petition for Rule Variance, allowing the pharmacy to utilize an automated pharmacy system, located at an inpatient hospice facility, for limited dispensing to patients under hospice care in their homes.
• Advised national veterinary pharmacies and animal drug wholesalers on application of pharmacy laws originally intended to apply to drugs for human use.
• Assisted clients with submission of public comments on multiple state Board of Pharmacy proposed regulations, resulting in favorable outcomes in matters ranging from compounding for veterinary office use, drug delivery and donation, pharmacist-to-technician ratios, shared services, and central fill.
• Prepared significant revisions and additions to proposed Physician Employment Agreements, providing necessary protections to parties on both sides and narrowing the potential for controversy.

Outside of work, Mike loves spending time with his wife, their two miniature schnauzers, and hiking in foreign countries. One of their favorite adventures to date was a road-trip in Norway, which they highly recommend. Mike’s wife is a dermatologist, which gives him a unique perspective into issues faced by the health care industry. It also means that if you see him walking the dogs, he’s decked out in sun protective gear.

Bar Admission

• Florida, 2013

Education

• Nova Southeastern University, Shepard Broad College of Law (J.D., 2013)
  • Honors: magna cum laude
  • Top 10% of graduating class
  • Dean’s List 2011-13
  • CALI Award: Travel Law
• University of Nevada, Las Vegas (B.A., 2010)

Professional Associations and Memberships

• American Bar Association, member
• American Health Law Association, member
• American Society for Pharmacy Law, member
• Collier County Bar Association, member
• The Florida Bar, Health Law Section

Published Work & Lectures

Presentation: “Pharmacy Case Law Update,” Florida Pharmacy Ass’n, Regulatory & Law Summit -Dec. 2023

Newsletter: “Florida Board of Pharmacy Proposes Amendments to Rule on Technician to Pharmacist Ratio,” -Sept. 2023

Newsletter: “HHS Recommends ‘Replanting’ Marijuana in Schedule III” -Sept. 2023

Presentation: “Pharmacist Expanded Scope of Practice,” Quarles Pharmacy Law Symposium -July 2023

Article: “Dispensing Practitioners: Key Regulatory Elements for Fla. Physicians,” Collier County Medical Society -June 2023.

Newsletter: “Hot Off the Press: Mississippi Board of Pharmacy Files Proposed Rule on Shared Pharmacy Services” -June 2022

Newsletter: “FDA Publishes New Guidance on Compounding Animal Drugs from Bulk Drug Substances” -April 2022

Article: “Florida Pharmacy Owner Convicted in $174 Million Telemedicine Fraud Scheme,” Rx Ipsa Loquitor (ASPL) -Dec. 2021