Doctors serve as the gatekeepers for controlled substances. Patients cannot acquire medications such as stimulants, anxiety drugs or pain medications without the recommendation of a licensed physician. Medical doctors undergo rigorous training to teach them about the safe administration of medications. As the abuse of prescription medication has become more common, so have enforcement efforts targeting health care professionals. Those who provide pain services, in particular, are often subject to scrutiny.
Physicians who prescribe controlled substances to their patients could be at risk of criminal prosecution. They may face drug charges related to their prescribing habits. In some cases, those allegations may even result in federal prosecution. A recent case out of New England highlights the risk for medical professionals who prescribe opioids and other commonly-abused medications to their patients.
Doctors should only prescribe what is necessary
Some patients engage in drug-seeking behaviors. They fabricate or exaggerate symptoms to gain access to medication that a doctor might otherwise not recommend. Typically, doctors screen new patients for signs of doctor shopping and other drug-seeking behaviors. Most doctors turn patients away when they worry about them abusing prescription drugs or diverting them to others.
In some cases, licensed medical professionals may treat drug-seeking behavior as a business opportunity. That is effectively what happened in a recent case out of New England. This drug diversion scheme involved multiple clinics operated by the same organization and a physician willing to accept $250 in cash for writing unnecessary drug prescriptions.
While the sentencing has yet to occur, the doctor in this case faces up to 10 years in prison. The courts did agree to his release pending sentencing, but he is subject to a prohibition on issuing new prescriptions. The physician awaiting sentencing and co-conspirators communicated about how patients whom they knew were likely diverting drugs were among their most profitable clientele. They even debated giving some of these patients credits toward the cost of their care and prescriptions.
Physicians don’t have to directly dispense drugs to people who are clearly abusing or selling them to be at risk of criminal prosecution. Over-prescribing medications can lead to scrutiny even if a physician prescribes medication based solely on a patient’s needs. Accusations of drug offenses leveled at licensed physicians can lead to incarceration and fines. Doctors may also become ineligible for future medical licensing, rendering them incapable of continuing their careers.
Those accused of misconduct related to prescription drugs may need help avoiding a criminal conviction and professional consequences. Reaching out to the team at Kammen & Moudy, LLC could help physicians and other medical professionals explore their options when accused of federal drug offenses.
