If you are a health care professional under investigation for unlawful prescribing or dispensing of drugs, you are facing serious, career-ending consequences. Our law firm has been defending physicians, physician assistants, and other professionals for years. We provide effective and aggressive defense to those who need our help!
Defending Healthcare Providers Against Charges of Unlawful Prescribing
Unlawful prescribing or dispensing of controlled substances is a very complex area of law. There are numerous regulations, statutes, and agencies involved in the process. A criminal case would only be part of the problem that you might face as a defendant.
At Norman Spencer Law Group we have the knowledge and the experience needed to handle these cases. Our clients included physicians, chiropractors, and other licensed healthcare professionals charged with or investigated for unlawful prescribing.
Healthcare practitioners who face these accusations often deal with administrative and civil penalties and other consequences. Depending on the state, the law may also prevent you from practicing medicine or billing Medicaid and Medicare.
When you’re choosing an attorney to protect your freedom and your career, it’s vitally important that you choose an established law firm, one that has the ability to handle the criminal, civil, and administrative parts of the case. The Norman Spencer Law Group is just such a law firm.
What Are the Regulations For Drug Dispensing?
Prescription drug abuse is a particularly fast-growing drug problem nationwide. This puts doctors under serious pressure to adjust their use of prescription narcotics while upholding their standard of care. Many doctors and lawyers understand the regulations that control prescribing prescription narcotics. Few of them fully understand what makes up a criminal departure from that standard of care.
Federal and state guidelines on this issue differ, and this creates even more issues down the line. Penalties for crossing this unclear line are severe. They can include the revocation of your DEA and state professional licenses, hefty fines, and even possible jail time.
Medicine is a difficult and complex profession. It comes as no surprise that the regulations are also complex and difficult to understand. A defense lawyer must have specialized knowledge in this field. Otherwise, they will be caught off guard when advising healthcare professionals on the implications of their practices.
What Kind of Scrutiny Can Unlawful Prescribing Come Under?
There has been an increase in funding of federal programs in use to combat illegal prescribing. The number of enforcing agencies and their budgets has also increased. They have established methods for tracking and identifying healthcare professionals who deviate from the norms. Insurance companies also conduct a number of undercover ops to identify and prosecute licensed healthcare professionals who prescribe outside the statistical norm, outside of their particular scope of practice, or for other than medical purposes.
Healthcare practitioners facing the allegations of prescribing for medically unnecessary purposes can also face federal and state criminal charges, along with administrative consequences.
Exemptions From Criminal Prosecution of Unlawful Prescribing
Depending on the state, a licensed healthcare professional can avoid criminal prosecution in certain circumstances. Exemptions can sometimes happen as long as the healthcare professional prescribes solely for legitimate and professionally recognized scientific or therapeutic purposes or is acting within the scope of their practice.
Healthcare providers can face criminal charges as well as licensing consequences for violating the Public Health Code that governs these exemptions. Retaining a qualified defense attorney is vital if a healthcare practitioner is found in violation.
What is the Controlled Substance Act (CSA)?
The Controlled Substance Act (CSA) is the principal legislation in use for combating drug abuse and controlling dispensing of prescription narcotics. Licensed medical professionals have to be registered with the DEA to prescribe controlled substances included in Schedules II to V. They have to also be acting within the scope of their practice and prescribing the controlled substance for a legitimate medical purpose.
Under the CSA, the DEA has the authority to revoke or suspend a doctor’s prescription privileges if that physician is found to have engaged in acts that would make their DEA registration “inconsistent with the public interest.” This standard is much lower than the standard found in many criminal cases so you may lose your DEA privileges even if you’re acquitted in criminal court.
Defense Attorneys For Unlawful Prescribing or Dispensing of Drugs
If you’re in legal trouble, you need to hire an attorney right away. However, most law firms wouldn’t be the right fit for you because they lack expertise in this complex field. Keep in mind that the best attorneys in this area have years and years of the very unique experience of representing clients in matters like this.
With decades of defending healthcare professionals and thousands of completed cases, Norman Spencer Law Group has what it takes to find success for you. We’ve represented all types of cases, including ones that look just like yours. There’s no case too big or small for us, and complexity is no issue for us either. If you’re a healthcare practitioner facing an investigation or charges of unlawful prescribing or dispensing, get in touch with us today. Let us know who you are, what you’re dealing with, and how we can get back in touch with you. Call us today to set up your consultation!